Twelve new Queen's Counsel appointed

Twelve new Queen’s Counsel – 11 advocates and one solicitor advocate – have been appointed by the Queen on the recommendation of First Minister Nicola Sturgeon.

The new appointees are advocates Jennifer Bain, Duncan Hamilton, Graeme Hawkes, Robert Hayhow, Archibald MacSporran, Kirsty Malcolm, David McNaughtan, Graeme Middleton, Mark Moir, Catherine Smith, and Laura-Anne Van Der Westhuizen. They are joined by Paul Kearney, solicitor advocate.

Applications were made to the Lord Justice General, Lord Carloway, who consulted other judges, the Lord Advocate, the Dean of the Faculty of Advocates and the President of the Law Society of Scotland before making nominations to the First Minister.

The independent observer of the process, Bill Thomson, has provided the First Minister with a separate report on his findings, the Queen’s Counsel Independent Observer’s Report 2021. It reveals that 21 applications were received, 19 from advocates and two from solicitor advocates. Five women applied of whom four were appointed. Four of the successful applicants had applied previously, as had four of the unsuccessful applicants.

Some applicants provided limited information in the form of references, and the observer comments that while intending applicants might be expected to be aware of the annual process, "it is also possible that an extension of the three week period between advertisement and closing would be of assistance to some applicants and referees".

His report concludes: "I am satisfied that the assessment of QC applications has been conducted fairly and thoroughly in accordance with the process set out in the Guide for Applicants. It is clear from the information available to me that the recommendations to be made to the First Minister are based on merit and that they go some way to addressing perceived shortages in the availability of senior counsel with specialisms."