Michael Anderson KC

Senior Counsel

Profile

Name: Michael Anderson KC

Year of Call: England & Wales [2002] Scotland [2011]

Summary of professional experience:

Gareth is dual qualified, having practiced as a Barrister in Manchester between 2002-2011. During that time, he specialised in criminal trials and appeals for both the prosecution and defence, appearing in Crown Courts throughout the United Kingdom and in the Royal Courts of Justice, London. Having cross-qualified to the Scottish Bar in 2011, he has since developed a busy criminal defence practice through regular appearances in the High Court. In recognition of his experience and ability, he was appointed King’s Counsel in 2022.

In addition to his extensive court experience, Gareth has substantial judicial experience, gained through his work as a Tribunal Judge of the Immigration & Asylum Chamber, the Social Entitlement Chamber and through sitting as Convener of the Mental Health Tribunal for Scotland. In 2022, he was appointed a part-time Sheriff. He also acts as a Legal Advisor to regulators in the context of professional disciplinary proceedings

Areas of Practice

Appointments & Memberships

  • Tribunal Judge First-Tier Tribunal for Scotland Social Security Chamber (2023-present)
  • Part-time Sheriff (2022-present).
  • Convener of Mental Health Tribunal for Scotland (2018-present).
  • Legal Advisor: General Teaching Council for Scotland (2016-present).
  • Legal Advisor: Nursing and Midwifery Council (2016-present).
  • Tribunal Judge First-Tier Tribunal Immigration & Asylum Chamber (2015-present).
  • AD-hoc Advocate Depute – first appointed in April 2015.
  • Tribunal Judge of the First-Tier Tribunal Social Entitlement Chamber (2014-present).

Testimonials

“Possesses the perfect blend of legal knowledge, analytical skills and persuasive abilities to achieve the best possible outcome for his clients”

“His written work, court craft and client management skills are all first class and make him an easy choice for us to instruct”

Selected Cases

HMA v Mitchell & Curtis [2023]

High Court Trial involving allegations of assaulting and abducting the Sheriff of Grampian, Highland, and Islands at Banff, and violating Section 38 of the Criminal Justice & Licensing (Scotland) Act 2010 by way of inter alia posting content on social media regarding the assassination of the First Minister of Scotland.

HMA v Lewis Ross [2022]

High Court trial involving sexual allegations including rape, in which all Crown and Defence witnesses were deaf, required the assistance of British Sign Language Interpreters, and suffered with significant mental health difficulties.

The Secretary of State for the Home Department against “KS” [2022].

Acted as the Tribunal Judge in this immigration appeal, which involved detailed written and oral argument by Senior Counsel as to whether the Appellant would receive inadequate treatment for her life-threatening conditions if returned to her country of origin. The appeal required extensive analysis of recent Supreme Court guidance concerning Article 3 of the European Convention on Human Rights (protection against inhumane/degrading treatment). The written judgement issued in favour of the Appellant was not challenged by the Home Office.

General Teaching Council for Scotland and “RL” [2021].

A well-publicised fitness to practice case concerning a teacher who allegedly expressed homophobic views against a prominent political figure, on behalf of the Scottish political party that he led. Legal advice to the disciplinary panel focussed on case law relating to Article 10 of the European Convention on Human Rights and the extent to which the teacher’s right to freedom of expression was restricted by the teaching Code of Professionalism and Conduct.