Alexander Sutherland
Alex practises primarily in public law (including judicial review and planning) and reparation. Selected cases are below.
He was an advocate depute, preparing and presenting cases in the High Court of Justiciary, from 2021 to 2024. He conducted over 30 trials in the High Court, including for murder, attempted murder, causing death by dangerous driving, possession of firearms and rape.
In March 2024 he was appointed as a standing junior to the Scottish Government.
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 German and French and is well placed to undertake work involving consideration of documents in those languages.
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Court’s power to halt sequestration proceedings
When sequestration proceedings have been commenced by a Sheriff granting warrant to cite the debtor, can a debtor take action to halt them? This important question has been resolved by the Inner House with its decision in Peart v Promontoria (Henrico) Limited [2018] CSIH 35.
In Peart, the debtors had been served with a charge for payment and the days of charge had expired. Sequestration proceedings were commenced by the creditor in Edinburgh Sheriff Court and warrant to cite the debtors was granted. The debtors maintained that they did not, in fact, owe the sums demanded in the charge for payment. The debtors brought a separate action for interdict in the Court of Session, and were successful in obtaining interim interdict, preventing the creditor from proceeding with their sequestration. The creditor appealed to the Inner House.
The Inner House has confirmed that bringing such proceedings is competent. The Inner House’s opinion provides important guidance to debtors and creditors faced with a similar situation. The Inner House recognised that in certain circumstances, the Court of Session may use its equitable powers to intervene to bring bankruptcy proceedings in the Sheriff Court to a halt, for example when the debt which is the basis for the sequestration is disputed. This can be done by a debtor seeking suspension of a charge for payment or, where the days of charge have expired, reduction of the charge or interdict of the sequestration proceedings. Such a remedy will only be granted, however, where a debtor can show ‘exceptional circumstances’ and where the debtor can meet the usual test for the grant of interim orders.
Giles Reid of Ampersand was junior counsel for the debtors in the Inner House. Usman Tariq acted for the debtors in obtaining interim interdict.
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Ampersand welcomes Tim Young
Ampersand Advocates is delighted to welcome Timothy Young to the stable.
Tim is a very welcomed addition to Ampersand, enhancing our strong offering of junior counsel. Tim is ranked by Chambers and Partners as an Up and Coming Junior in Commercial Dispute Resolution.
Tim’s practice focuses on commercial and public law disputes. Since calling to the Bar in 2013, he has quickly developed a busy and wide-ranging practice in many areas of commercial law including commercial contract disputes (particularly construction and IT contracts), trusts, real estate, banking, insolvency, and intellectual property. He is regularly instructed in complex and high profile litigations in these areas, with senior counsel and alone.
He has, also, developed a broad experience of judicial review and statutory appeals in public and administrative law matters. He has particular experience of public procurement disputes and professional discipline matters. As well as appearing in Court, he has appeared in a wide variety of tribunals, committees, and disciplinary hearings.
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Midlothian Council v Bracewell Stirling and others [2018] CSIH 21
Professional negligence action arising from house development which is said to be on contaminated land; proper construction of contract; whether the Council acted reasonably in mitigating its losses. Appeal upholding Lord Ordinary, discussing proper interruption of commercial contract.
Decision here.
Paul Reid for First Defenders and Respondents
Robert Howie QC for Pursuers and Reclaimers
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Kathryn Ferguson
Kathryn Ferguson joined Ampersand in 2018 and has completed Paralegal qualifications in both Conveyancing and Wills and Executries. Prior to joining the team Kathryn worked for a global law firm supporting the Commercial Real Estate and Litigation teams.
Kathryn brings a can-do approach and is always willing to assist in all aspects of instructing counsel.
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Fieldoak Limited (In receivership) v Citywide Glasgow Limited [2017] CSOH 138
Case concerning a dispute on waiver, assignation and novation between the pursuer, a property company now in receivership, and the defender, the letting agent (as the defender would have it) or the former letting agent (as the pursuer contends) under a management agreement. Full decision here.
David Sellar QC for successful pursuer.
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