Fergus Whyte

Year of Call
Devil Masters
Usman Tariq
Ross McClelland
Frances Connor
@WhyteFergus on Twitter


ferguswhyte@amadvocates.co.uk 07572 945 963

Practice Profile

Fergus is an experienced litigator with an interest in commercial and public law disputes, intellectual property, data protection and media law, trust law and alternative dispute resolution. He has considerable experience in courtroom advocacy as well as experience in conducting complex litigation, dealing with expert evidence and managing client relationships.

Fergus transferred to the Scottish bar in June 2020 having previously been a barrister and solicitor in New Zealand (since 2012) and having completed an LLM at the University of Edinburgh and the Faculty of Advocates examinations in Scots Law. Since calling he has acted in a commercial matter in the Outer House as sole counsel as well as appearing as a junior in the Inner House.

He has a strong background in legal research and comparative law having acted as a judges’ clerk (judicial assistant), in client and case management as a solicitor in a boutique litigation firm and as an advocate before the higher courts in New Zealand. He has worked in a number of legal roles in Scotland including as a researcher to the Edinburgh Tram Inquiry.

Fergus is an associate member of the Chartered Institute of Arbitrators and a former coach of the University of Edinburgh Vis Moot Team. He is a tutor in the Law of Contract and European Union Law at the University of Edinburgh.

He is fluent in French and is comfortable dealing with legal matters in French. He also speaks Spanish to a high level.

Education & Professional Career to Date

2017 – 2019 – Faculty of Advocates examinations in Scots Law
2016 – LLM (Distinction) – University of Edinburgh
2012 – admission as barrister & solicitor (New Zealand)
2010 – LLB (Honours – First Class) & BA (Honours) – University of Otago

Selected Cases

  • Edinburgh Tram Inquiry

    Researcher for Counsel and for the Solicitor to the Inquiry involved in researching factual, technical and legal issues falling within the remit of the Inquiry

  • Fundacion Pimjo Associacion Civil v Aguilar & Aguilar Limited [2015] NZHC 1402

    Junior counsel in opposed application by trustee for their costs to be paid from the trust fund in the context of a cross-border trust dispute

  • Macken v Jervis [2014] NZHC 3408

    Sole counsel in four day trial in relation to landlocked dispute including expert evidence as to planning and valuation issues

  • TFG Society Incorporated v Chief Executive of Land Information New Zealand [2014] NZHC 604

    Junior counsel (speaking role) in judicial review of regulator’s decision to accept compliance report in relation to conditions imposed on an investment in a New Zealand company

  • Smith v Penney [2014] NZHC 1850

    Sole counsel in application for enforcement of former trustee’s obligations to new trustees in respect of provision of information and records of trust

  • Commercial Arbitration

    Junior counsel in a long-running, high value New Zealand based arbitration in relation to sale of a pharmaceutical business to an international purchaser and effects of earn-out agreement agreed as a part of that sale

Publications & Seminars

Access to court documents by non-parties in litigation: Part 2 - Scots Law Times 2020, 32, 219-228

Access to court documents by non-parties in Scotland: Part 1 – Scots Law Times 2020, 31, 201-210

Examination of New Zealand High Court Lockdown Judgement - Scottish Legal News, 24th August 2020

Copyright, charities and creative commons- Journal of the Law Society of Scotland, 13th July 2020

Better the Devil You Know Seminar - Access to Court Documents by Non-parties to Litigation - 3rd June 2020