Expertise

• Public law & judicial review
  • Overview

  Between 2020 and taking Silk in 2023, Paul was First Standing Junior Counsel to the Scottish Government. In that capacity, he was the Scottish Government’s first port of call for their most significant, sensitive and challenging litigation and has continued to act for them since taking Silk. He has advised the Scottish Government across a wide range of public law and constitutional issues. Paul was first appointed Standing Junior Counsel in February 2015 and throughout his time at the Bar has advised both public bodies and those looking to challenge public decisions. As well as acting for the Scottish Government, he has broad experience in judicial review acting for a range of public bodies in such litigations. He is the author of one of the leading Scottish textbooks on Public Law and has taught the subject at Edinburgh University since 2004. He was a founding member of the Scottish Public Law Group and now sits on its Steering Group. He is a member of the Edinburgh Centre for Constitutional Law and has, since January 2025, been a member of the Editorial Board of the journal Public Law .

  He has been ranked by Chambers and Partners, who said: “He’s a very talented, very clever individual with a sound understanding of public law matters.”

  Recent significant cases

  • Reference by the Lord Advocate under para.34 of sch.6 of the Scotland Act 1998 re independence referendum 2023 SC (UKSC) 40; [2022] 1 WLR 5435: reference to the Supreme Court to determine whether the Scottish Parliament had legislative competence to make provision for a further referendum on Scottish independence.
  • Attorney General for Northern Ireland’s Reference re Abortion Services (Safe Access Zones)(Northern Ireland) Bill [2023] AC 505: appearing with the Lord Advocate on a reference by the Northern Irish Law Officers in respect to the legislative competence of Safe Access Zones at abortion clinics (7 Justice panel).
  • Attorney General’s Reference re United Nations Convention on the Rights of the Child (Incorporation)(Scotland) Bill 2022 SC (UKSC) 1; [2021] 1 WLR 5106: reference to the Supreme Court to determine the legislative competence of attempts to incorporate the UNCRC into Scottish Law.
  • Y v Glasgow City Council 2025 SLT 4 (Outer House); 2026 SC 72 (Inner House): judicial review of failure to provide permanent accommodation to homeless family. Proper interpretation of ss.29 and 31 of the Housing (Scotland) Act 1987. When and whether Court should make a mandatory order against the local authority. Representing Local Authority. Successfully reversing first instance decision on all points before the Inner House.
  • McCartney v Advocate General for Scotland 2026 SLT 109: appeal concerning the proper approach to account freezing orders under the Proceeds of Crime Act 2002, in particular s.303Z18. Appealed remitted to Inner House because of UK-wide significance (first appellate level consideration of this UK-wide provision).  Representing Advocate General (on behalf of HMRC).
  • SM, Petitioner 2025 SLT 590 (Outer House); 2026 SLT 351 (Inner House): judicial review of student fees decision and whether petitioner should have been assessed as a Scottish student. Whether relevant regulations were compatible with A2P1 of the Convention and whether they could/should be read down. Representing the respondent University.
  • Duncan v Lord Advocate 2025 SLT 47 (Outer House); 2026 SC 30 (Inner House): judicial review of Sheriff’s Determination following a Fatal Accident Inquiry. Proper interpretation of the Inquiries into Fatal Accidents and Sudden Deaths (Scotland) Act 2016 and proper approach to finding of a “reasonable precaution”. Now leading authority on the point. Representing petitioner (GP challenging Determination).
  • Biffa Waste Services v Scottish Ministers [2026] CSOH 3 (after proof); [2005] CSOH 9 (after debate): action claiming damages against the Scottish Ministers following cancellation of the Scottish Deposit Return Scheme. Whether a duty of care was owed by the Scottish Ministers and/or whether negligent misrepresentations gave rise to a duty. Cases failed after two-week trial. Representing the Scottish Ministers.
  • MacFadyen v Scottish Ministers and others 2025 SC 89: action under the Human Rights 1998 against, amongst others, the Scottish Ministers in respect of now admitted breaches of Art.2 of the Convention in respect of the death of a remand prisoner in HMP Edinburgh. First such case in Scotland. Awaiting hearing on remedy and, in particular, need for and level of damages. Representing the Scottish Ministers.
  • Greater Glasgow Health Board v Chairman of the Scottish Hospitals Inquiry 2025 SC 227: judicial review of a decision of the Chairman of the Scottish Hospitals Inquiry in relation to the admission of expert evidence. Representing the Interested Parties (a number of core participants defending the decision).
  • UV v Locality Reporter Manager 2025 SLT 946: challenge to the decision of a Sheriff in respect of her conduct of a hearing based on judicial inattention and whether a fair hearing resulted. Representing the appellant father.
  • Edinburgh City Council v LM 2025 SLT (Tr) 58: appeal by local authority against finding it was liable for fees following placing request. Proper approach to interpretation of Education (Additional Support for Learning)(Scotland) Act 2004.  Representing Local Authority.
  • Sheridan v Glasgow City Council [2025] CSOH 54: challenge to refusal to offer employment to Tommy Sheridan (former MSP) as a social worker as a consequence of his perjury conviction. Whether judicial review competent. Whether refusal of employment rational with the regulatory body having determined he was a fit and proper person. Representing respondent local authority.
  • Scottish Ministers v Scottish Information Commissioner 2024 SC 159: appeal by the Scottish Ministers against a decision of the Scottish Information Commissioner. Whether information was “held” by the Scottish Ministers in relation to investigation by independent advisor who was investigating an alleged breach of the Ministerial Code by the First Minister. Representing the Scottish Ministers.
  • Scottish Ministers v Advocate General 2024 SC 173: judicial review by the Scottish Ministers of an order made by the Secretary of State under s.35 of the Scotland Act 1998 prohibiting the submission of a Bill passed by the Scottish Parliament for Royal Assent. First such use of the power. Representing the Scottish Ministers.
• Planning & environment
  • Overview

  Paul has experience of representing parties in litigation arising out of planning matters, including planning appeals to the Inner House, judicial review proceedings and Lands Tribunal matters. He has experience of appearing unled at appellate level against established planning silks. Paul is currently advising SSEN Transmission in relation to a major infrastructure project as part of the ASTI (Accelerated Strategic Transmission Investment) framework and has experience advising developers on a range of issues, including the application and consequences of Finch and, in Scotland, Raeshaw Farms.

  Recent significant cases

  • Advising SSEN Transmission in respect of ASTI project implementation: advising SSEN Transmission on all aspects of application for consent for major transmission network upgrade as part of ASTI (Accelerated Strategic Transmission Investment) framework. Reviewing and advising on preparation and submission of application and associated Environmental Impact Assessments and preparation for public inquiry (scheduled for August 2026). Project ongoing.
  • Tesco Stores Ltd v Perth and Kinross Council (settled December 2025): advice to, and representing, Aldi Supermarkets in judicial review by Tesco in respect of grant of planning permission in favour of Aldi. Whether reasons adequate and National Planning Framework properly applied. Resolved prior to substantive hearing.
  • Scottish Rural College v Scottish Ministers (settled July 2023): high-value claim for compensation following compulsory purchase of land to build Aberdeen by-pass. Whether acquired land would have been subsequently zoned for residential development. Whether College had lost substantial future profits. Whether traffic management modelling relied upon was accurate. Case resolved on day 2 of trial before Scottish Land’s Tribunal. Representing the Scottish Ministers.
  • Ogilvie Homes Limited v Scottish Ministers 2021 SCLR 99: appeal against refusal of planning consent. Whether the Reporter had properly understood and applied Scottish Planning Policy. Extent to which previous decisions refusing consent (for other reasons) were relevant to deciding whether to refuse consent for the present application. Representing the Scottish Ministers.
  • Graham’s The Family Dairy (Property) Ltd v Scottish Minister 2021 SCLR 569: judicial review of change to Scottish Planning Policy. Whether consultation process which preceded change was lawful. Whether the proposed change was rational. Representing the Scottish Ministers.
  • Gladman Developments Limited v Scottish Ministers 2020 SLT 898: correct application of Scottish Planning Policy and in particular the “tilted balance”. Whether refusal of planning permission lawful. Representing Scottish Ministers.
• Information law
  • Overview

  Paul Reid KC has represented the Scottish Ministers in a number of high-profile freedom of information cases, including the first appeal by the Scottish Ministers against a decision of the Scottish Information Commissioner and representing the Ministers in the first reference to the Court for an alleged failure to comply with a decision of the Commissioner.

  He also has considerable experience advising the Scottish Ministers and other public bodies on freedom of information and the application of the legislation.

  Recent significant cases

  • Scottish Ministers v Scottish Information Commissioner (hearing listed for autumn 2026): appeal against decision requiring the release of information which had been withheld under s.26 FOISA as possibly constituting a contempt. Whether the Commissioner’s view determinative and an immunity against possible contempt proceedings by the Court. Representing the Scottish Ministers.
  • Scottish Information Commissioner v Scottish Ministers (awaiting judgment): reference by the Scottish Information Commissioner under s.53 of FOISA for alleged non-compliance with decision. Correct approach to the interpretation of s.53 and the test for making such a reference.  Whether the actions of the Ministers should be treated as a contempt. Representing the Scottish Ministers.
  • Scottish Ministers v Scottish Information Commissioner 2024 SC 159: appeal by the Scottish Ministers against a decision of the Scottish Information Commissioner. Whether information was “held” by the Scottish Ministers in relation to investigation by independent advisor who was investigating an alleged breach of the Ministerial Code by the First Minister. Representing the Scottish Ministers.
• Professional regulatory
  • Overview

  Paul Reid KC is regularly instructed in professional regulatory matters, both for regulators and professionals. He has experience of appearing before a range of regulatory tribunals and at appellate stage before the Inner House of the Court of Session.

  He has been instructed in many of the most recent healthcare appeals to the Court of Session and is frequently instructed to represent other lawyers (both solicitors and counsel). He has a particular interest in sporting regulation. As will as conducting regulatory proceedings (both before tribunals and the court), Paul advises on a range of regulatory issues.

  In January 2024, Paul was appointed as Procurator to the Scottish Episcopal Church.

  Recent significant cases

  • V v General Medical Council 2026 SLT 170: appeal against extension of interim order. Whether continuing suspension proportionate.  Representing the clinician.
  • NMC, Petitioner 2025 SLT 777: application for extension of interim orders in regulatory proceedings. Most recent consideration of proper approach in Scotland. Representing NMC.
  • McGarvey v Standards Commissioner 2025 SCLR 129: appeal by Councillor against decision of the Standards Commissioner. Whether sanction imposed was fair and proportionate. Representing Standards Commissioner.
  • K v GMC 2023 SC 1: appeal considering the proper approach to the extension of interim orders in a professional regulatory context. Leading Scottish authority on the review and extension of interim orders by professional regulators. Representing the clinician.
  • W v HCPC 2022 SLT 1302: first appeal in Scotland against a decision of the HCPC. Whether period of suspension imposed was proportionate.  Representing the clinician.
  • Neilly v NMC 2019 SC 565: acting for the NMC in relation to an out-of-time application to appeal. What the proper approach to late applications is. Restatement of the law in Scotland so as to align it with the law in England and Wales.
• Court of Protection
  • Overview

  Paul Reid KC has regularly advised the NHS in Scotland in respect of end-of-life treatment decisions and interventions in respect of patients lacking capacity, including the only modern reported decision in respect of authorising the giving of blood products to a Jehovah’s Witness child.

  Recent significant cases

  • A Scottish Health Board in respect of Child A 2026 SLT 71: teenage child who was pregnant and shortly to give birth. Indicated would refuse any and all blood products for her and/or baby due to religious beliefs. Advice to Health Board and clinicians on management of patient and application to Court of Session to authorise giving of blood products. First such application in Scotland. Orders granted.
  • Health Board X v Patient A (2023, unreported): order sought authorising open-heart surgery on three-month old child where parents would not consent on religious grounds. Urgent order sought and obtained from the Court of Session. Representing the Health Board.