Dr Claire Mitchell KC

Year of Call: 2003 | Year of Silk: 2019

Claire Mitchell was called to the Bar in 2003, having been a solicitor in private practice since 1996.

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Claire has been instructed in many first instance trials, Fatal Accident Inquiries and Extradition cases over the past 23 years. Her main practice has been in the Court of Appeal, with an emphasis on cases involving complex and novel legal arguments and raising constitutional and human rights issues.

She has conducted innumerable appeals over the past two decades, and attended the Privy Council and Supreme Court on several occasions in relation to such cases.

At the 2013 Law Awards of Scotland, she received a Special Recognition Award for her contribution to legal thinking over the past decade. Claire regularly provides CPD training for the various Scottish Bars as well as talks to the Sheriff’s Association and Universities.

Since 2020, she has specialised in Public Inquiries, keeping an interest in cases which raise matters of public importance.

Recent Cases

Overview

Palestine protest cases [2026 – present] – Representing people accused under the Terrorism Act.

Avtandil Kalandadze [2026] – Judicial Review by wife of captain the tanker “Marinera” seized by USA and taken to Scottish waters.

The Emma Caldwell Inquiry [2024 – present] – Representing the family of Emma Caldwell into the investigation Police, under the direction of the Crown Office and Procurator Fiscal Service, into her murder.

Daly and Miller v Lord Advocate at Supreme Court-  Representing the Faculty of Advocates and the Law Society of Scotland as interveners in relation to the law of rape and the requirements for a fair trial process.

Lord Advocate’s Reference to the Supreme Court [2022] – Representing the Scottish National Party as an intervener on the question of the legality of a proposed Scottish Independence Referendum Bill.

The Covid Inquiry UK [2021- present] – Representing the Scottish Covid Bereaved.

The Scottish Covid Inquiry [2021– present] – Representing the Scottish Covid Bereaved.

Sheku Bayoh Public Inquiry [2020 – present] – Representing the families of Sheku Bayoh to investigate the circumstances of his death and to consider the events leading up to and following Mr Bayoh’s death, in particular whether, and to what extent, the actions of the officers involved were affected by his actual or perceived race.

Megrahi v HMA [2021] HCJAC 3 – A bench of five judges in the posthumous appeal against the conviction of Abdelbaset Al-Megrahi for the “Lockerbie Bombing”.

Clara Ponsati v Spain – Extradition by Spain against Catalan academic for sedition.

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Dr Claire Mitchell KC

Notable Cases & News

Publications

Other Interests

On International Women’s Day 2020, she co-founded the Witches of Scotland, a feminist campaign which has obtained a formal State apology for those who were executed as witches. She also co-founded Clan Witches of Scotland, a community which challenges misogyny and gender-based violence worldwide.

Along with her co-founder Zoe Venditozzi, she hosts the popular Witches of Scotland podcast and has designed a memorial tartan – designed as a sign of memorial and resistance which is worn by people worldwide. She received a Doctor of Laws from the University of Dundee for the campaign.

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