Alexander Sutherland

Judicial Review/Planning

Community Windpower Ltd v Scottish Ministers [2020] CSIH 17

• Inner House, Court of Session
• For the appellants. Appeal against a Reporter’s decision. With Ailsa Wilson QC.

S v Scottish Ministers [2021] CSOH 23; 2021 SLT 711

• Outer House, Court of Session
• For the petitioner. With Dorothy Bain QC.

Ahmed-Sheikh v Scottish Solicitors’ Discipline Tribunal [2019] CSOH 104; 2020 SLT 1

• Outer House, Court of Session
• For the petitioner. Judicial review of the first respondent’s decision on expenses.

Commercial/Insolvency/Property

Robertson v Kosno (2021)

• Outer House, Court of Session
• For the petitioner. Urgent petition to suspend a charge for payment proceeding on a decree for interim damages.

 Wilfling, Petitioner (2020)

• Outer House, Court of Session
• For the petitioner. Petitioner seeking recognition and registration of a judgment of a German court.

Saadi v Whiterock Investments Ltd

• Outer House, Court of Session
• For the defenders. Pursuer seeking reduction of the decree awarding his sequestration. Action abandoned by the pursuer.

Ferguson and another v Aitken and another (2021)

• Falkirk Sheriff Court
• For the pursuers. Debate on whether the defenders were entitled to exercise a right of retention based on mutuality of obligations.

Andersons LLP v SB (2021)

• Perth Sheriff Court (Commercial Action)
• For the pursuers. Action of damages against a solicitor. Proof before answer allowed after a debate on (i) the correct interpretation of section 5(1) of the Limited Liability Partnerships Act 2000 and (ii) whether the pursuers had a jus quaesitum tertio.

McGeachan and another v Crown Parks (Sales) Ltd and others (2021)

• Forfar Sheriff Court
• For the pursuers. Action of damages based on, inter alia, fraudulent misrepresentation. Settlement reached.

Pearce and another v Griffiths and others

• Stranraer Sheriff Court
• For the defenders. Debate on whether the pursuers had a right ancillary to a servitude right of access over the defenders’ land.

Ford v W & AS Bruce [2020] SC KIR 9; 2020 Rep LR 56

• Kirkcaldy Sheriff Court
• For the pursuer. Action of damages against a firm of solicitors for failing to advise the pursuer to include a survivorship destination when disponing half of his property to his partner. Debate on prescription.

NCS Office Services (Scotland) Ltd v Emtelle UK Ltd

• Glasgow Sheriff Court (Commercial Action)
• For the defenders. Proof before answer on whether one of the defenders’ employees had authority to enter into a contract with the pursuers on their behalf.

Reparation

McPherson and others v Advocate General

• Outer House, Court of Session
• For the pursuers. Pursuers seeking damages for the death of a relative, a soldier, during a training exercise. Settlement reached. With Robert Milligan QC.

Meins v Walker Groundworks Ltd

• Outer House, Court of Session
• For the pursuer. Pursuer seeking damages from his employers following a serious accident. Settlement reached. With Simon Di Rollo QC.

Crime

HM Advocate v Christopher Lennie – charge of possession of a disguised firearm

HM Advocate v Garry McDonald – charges of rape and indecent communication

HM Advocate v Marcin Paszkowski – charges of attempted murder

HM Advocate v Lee Ibbotson – charge of rape

HM Advocate v Shallaw Hameedi – charge of causing death by dangerous driving

HM Advocate v Kevin Gilchrist – charges of sexual assault, rape and domestic abuse

HM Advocate v Alex Beck ­– charges of rape

HM Advocate v John Connor and another – charge of attempted murder

HM Advocate v Lewis Forbes – charges of sexual assault, rape and domestic abuse

HM Advocate v Dylan Shaw – charge of murder

Other work

Insolvency

Opinions on:

• The prospects of success of restoring a company to the register and obtaining a ‘limitation direction’
• Whether a trustee-in-sequestration’s right to challenge a disposition of heritable property as a gratuitous alienation had been lost by prescription

Applications:

• To appoint a judicial factor to a partnership
• To challenge a liquidator’s decision to reject a creditor’s claim
• To re-appoint a trustee-in-sequestration
• To wind up companies and to sequestrate individuals

Planning

Opinions on:

• The prospects of success of challenging a condition attached to a grant of planning permission for a wind farm on Shetland
• The prospects of success of challenging a likely grant of planning permission for a residential development and offices in Glasgow
• The prospects of success of challenging a local authority’s decision to grant planning permission in principle for a large residential development in Midlothian

Insolvency

Opinions on:
• The prospects of success of restoring a company to the register and obtaining a ‘limitation direction’
• Whether a trustee-in-sequestration’s right to challenge a disposition of heritable property as a gratuitous alienation had been lost by prescription

Applications:
• To appoint a judicial factor to a partnership
• To challenge a liquidator’s decision to reject a creditor’s claim
• To re-appoint a trustee-in-sequestration
• To wind up companies and to sequestrate individuals

Planning

Opinions on:
• The prospects of success of challenging a condition attached to a grant of planning permission for a wind farm on Shetland
• The prospects of success of challenging a likely grant of planning permission for a residential development and offices in Glasgow
• The prospects of success of challenging a local authority’s decision to grant planning permission in principle for a large residential development in Midlothian