David Welsh

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As well as being a barrister in England & Wales, David Welsh is also an advocate in Scotland. He specialises in public and commercial law. He joined Cornerstone Barristers as a tenant in October 2023. Since being called to the bar in 2017, David has appeared in courts at all levels, including before a full bench of the UK Supreme Court and a full bench of the Court of Justice of the European Union. David has a busy public law practice, including high-profile constitutional litigation.

He appeared as junior counsel before a full bench of the Court of Justice of the European Union in Wightman v Secretary of State for Exiting the European Union ([2019] Q.B. 199). He has also appeared in a number of appeals before the UK Supreme Court including, as junior counsel before a full bench in Cherry v Advocate General for Scotland [2020] AC 373 (also known as Miller II), and as junior counsel for interveners in case such as the Lord Advocate’s devolution reference in relation to the proposed Scottish Independence Referendum Bill [2022] 1 WLR 5435, and For Women Scotland v Scottish Ministers [2025] 2 WLR 879.

David has particular experience with disputes involving trustees, executors and charity trustees. He is a full member of the Society of Trust and Estates Practitioners. David has provided advice on a wide range of contentious and non-contentious matters relating to private individuals, trusts, businesses and charities. He has experience of advising trustees and executors where the trust/ estate has cross-border or international elements, requiring consideration of private international law and double taxation treaties.

David is regularly instructed in a wide range of corporate and commercial matters, including company law petitions. David has significant experience of contractual disputes and professional liability (solicitors, tax advisers/accountants) including disciplinary matters.

Expertise

Public Law and Judicial Review
David Welsh is a Public Law specialist. Notable cases include:
- Fanning v Secretary of State for Work and Pensions 2025 SLT 787. Acting for the Scottish Ministers in a challenge to changes to the eligibility for winter fuel payments.
- For Women Scotland v Scottish Ministers 2025 SLT 443. Acted for Sex Matters, an intervener in the UK Supreme Court whose submissions were singled out for praise.
- Ibrahimi v Glasgow City Council 2025 CSOH 14. A judicial review of the manner in which age assessments are to be carried out by local authorities.
- Wildcat Haven Community Interest Co v Scottish Ministers 2024 SLT 253. A judicial review in relation to the interpretation of the Fourth National Planning Framework.
- Beggs v Scottish Information Commissioner 2024 SC 68. A statutory appeal in relation to the interpretation of Freedom of Information legislation.
- Sinclair v HM Advocate [2024] HCJAC 15. Junior counsel in the first successful appeal of the conviction of a sub-postmaster in Scotland as a result of the failures of the Horizon computer system.
- Abdul Majid & Son Ltd v Circularity Scotland Ltd 2023 SLT 740. A judicial review challenging certain elements of the proposed deposit return scheme.
- Kaagobot Ltd v City of Edinburgh Council 2023 SLT 243. A challenge to a local authority’s decision to ban sexual entertainment venues in Edinburgh.
- Billy Graham Evangelistic Association v Scottish Event Campus [2022] An action for damages arising out of discrimination contrary to the Equality Act 2010.
- Avaaz v Scottish Ministers [2021] CSOH 81. Challenge of the failure by the Scottish Ministers to seek an unexplained wealth order.
- Keatings v Advocate General [2021] CSIH 25. An action by a political campaigner seeking declarator in relation to the competence of the proposed Scottish Independence Referendum Bill.
- Cherry v Advocate General [2019] UKSC 41. Challenge to the Prime Minister’s attempt to prorogue the UK Parliament in order to avoid political accountability. Heard by full bench of the UK Supreme Court.
- Wightman v Advocate General [2019] QB 199. Challenge to determine whether the Article 50 “withdrawal notification” could be withdrawn by the UK once it had been notified to the European Commission. Heard by a full bench of the Court of Justice of the European Union.
- Philip v Scottish Ministers [2021] CSOH 52. Challenge to the coronavirus regulations that required the closure of places of worship on the grounds of a disproportionate interference with a Convention right.
- Sharp v Scottish Ministers [2020] CSOH 74. Challenge against Scottish Ministers’ relief package for retail, hospitality and retail sectors in response to the COVID-19 pandemic.
- Greenpeace Ltd v Advocate General [2021] SLT 1303. Challenges to the granting of oil drilling licences in the North Sea.
- O’Leary v Scottish Ministers [2020] CSOH 81/ Hutton v Parole Board for Scotland [2021] CSOH 34. Counsel for interested parties (the Risk Management Authority) in two disputes about the respective roles of various public authorities within the statutory framework governing orders for lifelong restriction.
Commercial and Regulatory
- Overview
- News
David Welsh has particular experience with taxation (particularly personal taxation) and disputes involving trustees, executors and charity trustees. Notable cases include:
- Rocep Lusol Holdings Ltd v Lindal Dispenser GmbH 2025 SLT 907. Acted at first instance and appellate level in relation to contractual dispute about patents and royalties due therefrom.
- Barclay v Thorntons Trustees Ltd [2024] CSOH 18. A challenge by a surviving child to the validity of signatures on a will.
- Kaye’s Executor Nominate v Kaye’s Former Attorney 2023 SLT 589. A dispute arising out of the extent of an attorney’s powers under a power of attorney to execute a deed of variation.
- McGowan v Springfield Properties 2023 SLT 330. A dispute in relation to the operation of prescription of an obligation to make reparation for wrongous interdict.
- DCM (Optical Holdings) v HMRC [2020] CSIH 60; [2022] UKSC 26. Challenge against non-statutory ‘inhibits’ being used to prevent repayment of input tax to repayment traders as well as issues in relation to time bar for assessments.
- McMahon v Grant Thornton [2020] CSOH 50. Defending accountancy firm accused of professional negligence for failing to provide advice about entrepreneurs’ relief from capital gains tax.
- Glasgow City Council v VFS Financial Services Ltd [2020] CSOH 92; [2022] CSIH 1. Competition law claims by local authorities against various vehicle manufacturers following a determination of findings by European Commission.
- Promontoria (Henrico) Limited v Friel [2019] CSOH 2; [2020] CSIH 1. Enforcement of a personal guarantee by assignee of bank loan book, including reclaiming motion in relation to requirements of proving the tenor, certification of documents and construction of an assignation.
- Centric Community Projects Ltd v Aberdeen City Council [2019] CSOH 76. Challenge against refusal by local authority to grant mandatory charitable relief from non domestic rates.
- Chambers UK Bar 2025: Cornerstone Barristers achieve 75 individual rankings across 15 practice areas 17 Oct 2024

David is an excellent all-rounder. He is exceptionally academically able but also pragmatic and commercially aware. David Welsh is a particularly impressive junior advocate
Chambers UK Bar (2025)

David is an outstanding advocate. He handles complex and challenging cases with ease and brings a calm and reassuring presence to all interactions with clients. David is a very impressive junior counsel, a great legal brain and excellent at distilling complex points down to simple terms
Chambers UK Bar (2025)

David is a pleasure to deal with. He is responsive, clear, decisive and excellent on his feet
Chambers UK Bar (2024)

David has bags of courage, whilst being incredibly smart and having a keen eye for detail
Chambers UK Bar (2024)

He has a sharp legal and tactical mind. David is incredibly user-friendly and a hit with all clients.
Chambers UK Bar (2023)

He is meticulous in his preparation and a very engaging advocate in court. He is a real pleasure to work with.
Chambers UK Bar (2023)

About David

Career
- 2019: Called to the Bar of England & Wales
- 2017: Called to the Scottish Bar
- 2016-2017: Lord Reid Scholar (awarded to most outstanding applicant to the Bar), Faculty of Advocates
- 2012-2016: Solicitor in Scotland and in England & Wales;
- 2009: LLB Law (University of Glasgow)
  - Reid Family Trust prize for best overall result for LLB;
  - Robert Ross Prize for property, trusts and succession;
  - Andrew J Cunninghame Prize for contract, tort and family law
- 2006: MA (hons) Latin (University of Edinburgh)
Directory quotes
Administrative and Public Law -“David is an excellent all-rounder. He is exceptionally academically able but also pragmatic and commercially aware. David Welsh is a particularly impressive junior advocate. He has a tremendous grasp of complex matters and an ability to simplify them. He is always very responsive and easy to work with.“ (Chambers and Partners 2025) “David has bags of courage, whilst being incredibly smart and having a keen eye for detail”.

“David Welsh is one of the best public law counsel at the Scottish Bar”. “Very approachable and efficient; a really strong advocate”. “David was amazing at presenting our arguments in court and did such a succinct and concise job.” Chambers and Partners 2024

Tax -“David has a razor-sharp understanding of private client disputes. His advice is clear, incisive and accessible to clients, and he comes to court extremely well prepared. David Welsh has a sophisticated taxation practice in which he tends to act for those challenging the decisions and powers of HMRC. He is adept at handling matters before all levels of the Scottish court system including the UK Supreme Court.” (Chambers and Partners 2025)

Commercial Dispute Resolution – “David is an outstanding advocate. He handles complex and challenging cases with ease and brings a calm and reassuring presence to all interactions with clients. David is a very impressive junior counsel, a great legal brain and excellent at distilling complex points down to simple terms.” (Chambers and Partners 2025)

“David is a pleasure to deal with. He is responsive, clear, decisive and excellent on his feet”. “Technically very strong with impressive turnaround times on opinion work”. “David has a remarkable breadth of expertise, and the quality of his advice is consistently high across the full spread of his practice.” Chambers and Partners 2024
Publications
- Judicial Review: Questions of Jurisdiction and Appropriate Forum03 Oct 2022
Notable Cases
Events