Ross P. Macfarlane
Year of Call: 1994
Devil Masters: Derek A. Ogg QC; Sheriff Nikola C. Stewart; Alan R. Dewar QC
Qualifications: University of Edinburgh, LL.B. 1990; University of Strathclyde, Diploma in Legal Practice 1991; National Institute of Trial Advocacy (Harvard USA), Diploma in Trial Advocacy 1994 & Diploma in Advocacy Training Skills 2006; Accredited Mediator.
Biography:
Ross Macfarlane is regularly nominated by peer review Legal Directories as one of the top Junior Counsel in his field :
Chambers and Partners: 2006 edition - "Ross Macfarlane is said to possess the 'gift of the gab' and is particularly skilled in child law, demonstrating a particular niche in adoption and abduction cases."
Legal 500: 2006 edition - "Ross Macfarlane at the Murray Stable is a noted expert in child law."
Cases:
City of Edinburgh Council v W 2002 FamLR 67 – (Sheriff Principal, Edinburgh) Freeing for adoption; only reported successful Scottish challenge to freeing for adoption at appellate level in terms of Articles 6 and 8 of the European Convention on Human Rights.
Clark v Clark 2005 FamLR 28 – (Sheriff Principal, Glasgow) Divorce - Financial Provision – Effect of "trial reconciliation" on Minute of Agreement.
D v Irvine 2005 FamLR 94 – (Sheriff Principal, Edinburgh) Shaken baby – Whether assault despite the absence of mens rea.
MM v North Lanarkshire Council 2005 FamLR 22 – Education – Exclusion of child with special needs – Competency.
Symanski v Symanski 2005 FamLR 6 – Failure to lead evidence – Whether a sheriff can competently allow further evidence ex proprio motu.
Symanski v Symanski (No 2) 2005 FamLR 2 – (Sheriff Principal, Glasgow) Divorce - Where spouse has already ranked as a creditor in her husband's sequestration – Whether she can then seek unequal division at the divorce stage.
City of Edinburgh Council v K and F 2006 FamLR 37 – Freeing for adoption – Where the freeing order itself would enhance the prospects of adoption – Whether it is permissible to take this into account.
H v H 2006 FamLR 59 – (Outer House and Inner House of the Court of Session) International Child Abduction – Withdrawal of consent to removal.
Publications:
Green's Family Law Reports 1997 to date. Ross was the founding editor of these bi-monthly reports in 1997. Today, he co-edits them with Janys Scott, Advocate and they are routinely cited in all Scottish civil courts including the Inner House of the Court of Session.
Appointments:
• Tutor in the Law of Evidence, University of Edinburgh 1996-1998
• External Examiner in Criminal Law, University of Strathclyde 1998-2000
• External Examiner in Domestic Relations, University of Strathclyde 1998-2000
• Convenor of Board of Directors, Scottish Child Law Centre 1998-2001
• Member of the Scottish Executive Advisory Committee 1999-2001
• Member of the Council of the Faculty of Advocates 1999-2002
• Chairman, Faculty of Advocates Sub-Committee, Draft Legislation – 2003
• Lothian and Borders Children's Panel Training Committee – 2003
• Appointed Faculty of Advocates Media Spokesperson – 2003
• Chairman, Stepfamily Scotland – 2004
• Trainer in Professional Competence Course, Law Faculty, Edinburgh University – 2004
• Faculty of Advocates, Skills Instructor – 2005
Further Information:
• Diploma in Trial Advocacy – National Institute of Trial Advocacy (USA/UK) – 1994
• Delivered numerous talks/lectures/training on legal topics – 1995 to date
• Founding Editor, Greens Family Law Reports - 1997 to date
• Nominated by The Legal 500 as one of the top Junior Counsel in his field – 2003 to date
• Ranked in Chambers and Partners - 2006
• Diploma in Teaching Advocacy Skills – National Institute of Trial Advocacy (USA/Harvard) - 2006
• Accredited Mediator, Mediation Forum Ireland – 2006