Alexander Sutherland

Year of Call: 2018

0131 260 5674
alexander.sutherland@advocates.org.uk

Photo of Alexander Sutherland

Alex has been an advocate depute, preparing and presenting cases in the High Court of Justiciary, since October 2021. He has very limited availability to accept civil instructions as a result. As an advocate depute, he has prosecuted cases of attempted murder, causing death by dangerous driving, possession of firearms and rape, and appeared as junior in the Court of Criminal Appeal.

His civil practice covers commercial law, public law (including judicial review and planning) and reparation. Selected cases are below.

In May 2020 he was appointed as a reporter for Session Cases. He contributed chapters on the sale of goods and (together with Ross Anderson) alternative dispute resolution for the second edition of Scots Commercial Law. He tutored Civil Court Practice as part of the Diploma in Professional Legal Practice at Edinburgh University in 2019 and 2020.

Before calling to the Bar, Alex trained with a commercial firm in Edinburgh. He completed his LLB at Glasgow University in 2014 and the Diploma in Professional Legal Practice at Edinburgh University in 2015. Before then, he studied German and English Language at Edinburgh University, during which time he spent a year studying in Vienna.

He speaks fluent French and German and is well placed to undertake work involving consideration of documents in those languages.

Selected recent cases

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.

David A Johnson Ltd v Coast2Coast Architects

  • Elgin Sheriff Court
  • For the defenders. Action of damages against a firm of architects in relation to the design of a driveway and garage. Settlement reached.

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

 

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

Practice Areas
Clerks

Contact our clerks

Normal business hours are 9am to 5pm, Monday to Friday.

ampersandclerks@advocates.org.uk
+44 (0)131 260 5674 (switchboard 9am to 5pm)

Alan Moffat

Advocates' Clerk

Working Remotely

Jennifer Dunn

Deputy Advocates' Clerk

(working days Mondays to Thursdays)

Working in Office

Sheena Hume

Deputy Advocates' Clerk

Working Remotely

Shawn McArthur

Deputy Advocates' Clerk

Working Remotely

Kathryn Ferguson

Deputy Advocates' Clerk

Working in Office

Emma Busby

Deputy Advocates' Clerk

Working Remotely
Qualifications
  • 2015: Dip LP (Distinction), Edinburgh University
  • 2014: LLB (Distinction), Glasgow University; Guthrie Prize for International Private Law
  • 2012: MA (Hons) (First Class), German and English Language, Edinburgh University
Experience
  • 2021 – present: Advocate Depute
  • 2017-2018: Devil, Faculty of Advocates; Devilmasters: Laura-Anne van der Westhuizen KC and Fred Mackintosh KC
  • 2015-2017: Trainee Solicitor, HBJ Gateley/Addleshaw Goddard LLP; seats in the dispute resolution, real estate and corporate recovery departments
Memberships
  • Scottish Planning, Local Government and Environmental Law Bar Group
Languages
  • French (fluent)
  • German (fluent)
  • Russian (basic)