Ailsa J. Carmichael
Year of Call: 1993
Devil Masters: Sheriff J.A. Baird; S.J. MacGibbon
Qualifications: LL.B (Hons) University of Glasgow; Dip. L.P. University of Glasgow
Biography:
A specialist in the areas of human rights and public law, Ailsa has appeared in a number of leading cases in human rights, administrative and discrimination law in recent years, in the Court of Session and House of Lords. Unusually for Scottish junior counsel, Ailsa has spoken in the House of Lords, presenting part of the submission for the appellants in Somerville v Scottish Ministers [2007] 1WLR 2734. She was instructed to appear for the UK government without senior in the House of Lords in Saber v Secretary of State for the Home Department [2007] UKHL 57. She has been standing junior counsel to the Home Department in Scotland since 2000, which has involved numerous substantive judicial review and appeal hearings in immigration and asylum and other public law matters.
Cases:
Judicial Review:
• Tehrani v Secretary of State for the Home Department 2007 SC (HL) 1 (House of Lords): jurisdiction of the Court of Session in relation to judicial review of decision of a UK-wide appellate tribunal
• Abdulla v Secretary of State for the Home Department (Outer House) [2007] CSOH 34: whether judicial review can be brought notwithstanding statutory review process in immigration appeals
Human Rights:
• Somerville v Scottish Ministers [2007] 1 WLR 2734 (House of Lords): prisoners' rights; decisions to segregate under Prisons and Young Offenders Institutions Rules; compatibility with Article 8 ECHR; relationship between Scotland Act 1998 and Human Rights Act 1998; damages claims; time-bar in claims for breaches of Convention rights; Public Interest Immunity; proportionality at common law
• Helow: Petition to Nobile Officium 2007 SC 303 (Inner House): Fair hearing at common law; apprehension of bias on the part of a Court of Session judge (under appeal to the House of Lords)
• Napier v Scottish Ministers 2005 1 SC 229 (Outer House): prisoners' rights; contravention of Article 3 ECHR; slopping out; damages
• DB v Scottish Ministers [2007] CSOH 73: Prisoners' rights, A3P1 ECHR; whether act of Scottish Ministers ultra vires as incompatible with Convention rights where act allegedly incompatible because of effect of incompatible Westminster legislation
• Birrell v Parole Board 2007 SLT 440 (Outer House): compatibility of procedure in Life Prisoner Tribunal with Art 5 ECHR
• Hallam v Care Commission 2005 SCLR 982 (Outer House): Whether Article 6 ECHR engaged in relation to Care Commission investigation of complaint; common law fairness
• Tehrani v UKCC 2001 SC 581 (Outer House) Professional disciplinary body, compatibility of process with Art 6 ECHR
Immigration:
• Saber v Secretary of State for the Home Department [2007] UKHL 57 (House of Lords): appropriate disposal of immigration appeal
• Bashkim Elshani v Secretary of State for the Home Department [2007] CSOH 166: Family concession policy, legitimate expectation
• Wani v Secretary of State for the Home Department 2005 SLT 875 (Outer House): proper approach of decision-maker to plausibility of applicant's account of persecution
• Saber v Secretary of State for the Home Department 2003 SLT 1409 (Inner House): whether non-state entity can provide protection for purposes of Refugee Convention
• Ali v Secretary of State for the Home Department 2003 SLT, Ibrahim v Secretary of State for the Home Department 2002 SLT 1150 (Outer House): Time limits under Dublin Convention; Third Country cases; certification; legitimate expectation
Discrimination/Employment:
• MacDonald v Advocate General 2003 SC (HL) 25 (House of Lords): whether Sex Discrimination Act could be construed as rendering unlawful discrimination against homosexual serviceman, retrospectivity of Human Rights Act
• BBC Scotland v Souster 2001 SC 458 (Inner House): racial discrimination on basis of English national origins
• British Airways v Boyce 2001 SC 510 (Inner House): racial discrimination on basis of English national origins; res judicata in context of employment proceedings
Extradition:
• Goatley v H M Advocate 2007 SLT 14 (High Court of Justiciary): European Arrest Warrants, devolution issue
Reparation:
• McDyer v Celtic FC 2000 SC 379 (Inner House): Res ipsa loquitur, strict liability under Roman law actio de positis vel suspensis
• Gibson v Orr 1999 SC 420 (Outer House): duties of care incumbent on police officers in relation to the protection of members of the public
Publications:
Pending: Practice and Procedure of the Mental Health Tribunal for Scotland (with D Auchie), Dundee University Press
Appointments:
2000: Standing Junior Counsel to the Home Department
2000: Reporter to Scottish Legal Aid Board
2004: Member of Mental Health Tribunal for Scotland
2005: Ad Hoc Advocate Depute
2007: Part-time Sheriff
Further Information:
Ailsa has undertaken training as a mediator with Mediation Forum Ireland (2006)