Shane Dundas
Shane Dundas called to the Bar in 2019 having completed his traineeship with one of Scotland’s leading litigation firms.
He has experience in the areas of professional liability, commercial litigation, personal injury and industrial disease. He has appeared regularly in the Sheriff Court, having conducted several proofs and debates. During devilling, he built upon his experience in these areas, as well as gaining exposure to clinical negligence, professional regulation and public law issues.
Shane has a particular interest in professional (including clinical) liability, commercial law, information technology and media law.
He completed his LLB and Diploma in Professional Legal Practice at the University of Edinburgh, where he was President of the University of Edinburgh Mooting Society.
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Greenbelt Group Ltd v Walsh & Others [2019] SAC (Civ) 9
Sheriff Appeal Court tackles ‘issue of considerable significance’ for property lawyers
Common or amenity areas in housing developments have been the subject of significant litigation in recent years. Such areas are usually owned or managed in one of two separate ways: the ‘common ownership’ model, in which all of the residents in the development own the area in common or the ‘owner-manager’ model, in which a company both owns and manages the area for the benefit of the residents. The residents in the owner-manager model are obliged to pay for the maintenance of the common ground by means of a real burden.
Legal difficulties have arisen as a result of the common ownership model as a result of a failure precisely to identify the area of property to be conveyed to the residents. The owner-manager model, in contrast, was considered in more favourable terms by the Lands Tribunal in Marriott v Greenbelt Group Ltd (2015, unreported). The Lands Tribunal, however, was divided on the important question of whether the owner-manager model (under which a real burden requires the residents to pay for the services of the owner-manager company) was unenforceable as a result of the prohibition in s 3(7) of the Title Conditions (Scotland) Act 2003 on the creation of a monopoly by means of a real burden. There were, accordingly, doubts as to the enforceability of the real burdens in question.
This issue has now been considered by the Sheriff Appeal Court in the case of Greenbelt Group Ltd v Walsh & Others [2019] SAC (Civ) 9. The Sheriff Appeal Court held, allowing the appeal, that the real burdens obliging the residents to pay for maintenance do not create a monopoly. The manager’s right to maintain the land does not arise from the real burdens but from its ownership of the land itself. Such ownership is ‘inherently monopolistic’. The owner-manager model and the burdens which underpin it are, accordingly, enforceable.
This decision is, as the Sheriff Appeal Court identified, one of ‘considerable significance’ for this area of the law. The Sheriff Appeal Court’s decision will provide welcome clarity to developers and residents as to the legal status of one of the major ways of managing common or amenity areas.
Giles Reid of Ampersand was junior counsel for the appellants.
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Sheriff Appeal Court tackles ‘issue of considerable significance’ for property lawyers
Common or amenity areas in housing developments have been the subject of significant litigation in recent years. Such areas are usually owned or managed in one of two separate ways: the ‘common ownership’ model, in which all of the residents in the development own the area in common or the ‘owner-manager’ model, in which a company both owns and manages the area for the benefit of the residents. The residents in the owner-manager model are obliged to pay for the maintenance of the common ground by means of a real burden.
Legal difficulties have arisen as a result of the common ownership model as a result of a failure precisely to identify the area of property to be conveyed to the residents. The owner-manager model, in contrast, was considered in more favourable terms by the Lands Tribunal in Marriott v Greenbelt Group Ltd (2015, unreported). The Lands Tribunal, however, was divided on the important question of whether the owner-manager model (under which a real burden requires the residents to pay for the services of the owner-manager company) was unenforceable as a result of the prohibition in s 3(7) of the Title Conditions (Scotland) Act 2003 on the creation of a monopoly by means of a real burden. There were, accordingly, doubts as to the enforceability of the real burdens in question.
This issue has now been considered by the Sheriff Appeal Court in the case of Greenbelt Group Ltd v Walsh & Others [2019] SAC (Civ) 9. The Sheriff Appeal Court held, allowing the appeal, that the real burdens obliging the residents to pay for maintenance do not create a monopoly. The manager’s right to maintain the land does not arise from the real burdens but from its ownership of the land itself. Such ownership is ‘inherently monopolistic’. The owner-manager model and the burdens which underpin it are, accordingly, enforceable.
This decision is, as the Sheriff Appeal Court identified, one of ‘considerable significance’ for this area of the law. The Sheriff Appeal Court’s decision will provide welcome clarity to developers and residents as to the legal status of one of the major ways of managing common or amenity areas.
Giles Reid of Ampersand was junior counsel for the appellants.
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Top Rankings success in latest Chambers and Partners UK Bar Guide
Ampersand has again received top tier rankings across a number of areas of practice in the latest published guide to the legal profession, Chambers and Partners UK Bar Guide 2019.
Ampersand received 56 listings across 17 areas of practice, ranking as top tier (band 1) in Clinical Negligence as a Set, and band 2 in Administrative & Public law, Civil Liberties & Human Rights, Commercial Dispute Resolution, Planning & Environment, Personal Injury, Product Liability and Restructuring/Insolvency as a Set. 4 members are noted as “star individuals”.
Noted as a Band 1 set for Clinical Negligence, Ampersand has 16 rankings in this area. The guide says “Ampersand enjoys an excellent reputation in the field of Scottish clinical negligence litigation. It houses a large number of advocates who specialise in the pursuit and defence of clinical negligence cases, including both QCs and juniors. Matters commonly dealt with include brain and spinal injury claims as well as fatal accident inquiries. Members are skilled at handling high-profile group actions, such as the recent suits regarding vaginal mesh implants. Sources highlight the stable’s impressive offering in the area and the “great strength and depth” of its advocates.” The listing includes Maria Maguire QC as a “Star Individual”.
Band 2 listings include Administrative and Public law where Ampersand’s frequent level public law challenges across a wide range of practice areas noted. In Civil Liberties & Human Rights the Band 2 listing notes Ampersand as a “dynamic group of public law and human rights advocates” and that “Ampersand Advocates is particularly well known for advising on the ECHR and the intersection between UK and EU law.”
In Commercial Dispute Resolution it states “Ampersand Advocates offers a strong bench of versatile and well-regarded commercial dispute resolution practitioners. The stable houses a number of silks and juniors experienced in general commercial litigation, with proficiency in disputes concerning insolvency, professional negligence and construction in particular. Advocates are also noted for their abilities in contentious matters involving planning, commercial contracts and intellectual property, often representing large companies and financial institutions”. Ampersand’s Commercial expertise is further noted in Restructuring and Insolvency, which includes “Star Individual” David Sellar QC, stating Ampersand “Home to leading silks for restructuring and insolvency in Scotland. They are regularly instructed by insolvency administrators, directors and shareholders in a variety of matters ranging from the interaction of insolvency law with public regulatory schemes to allegations of wrongful trading. The advocates have good expertise in relation to jurisdictional matters.”
Ampersand’s Personal Injury work is again acknowledged with the guide noting “A well-reputed personal injury stable on the Scottish Circuit, noted for its expert handling of complex catastrophic injury and fatal claims on behalf of both pursuers and defenders. It is regularly instructed by several leading Scottish law firms, as well as major insurers and government agencies.” It also notes that our “members also have experience appearing before fatal accident inquiries, representing health boards, doctors and hospitals, as well as bereaved families and individuals. Ampersand’s advocates are regularly involved in high-value and complex personal injury claims, and have litigated cases in the Sheriff Courts, the Court of Session and the Supreme Court.” The listing includes Maria Maguire QC and Graham Primrose QC as “Star Individuals”.
In Planning and Environment it states “Ampersand Advocates includes a number of advocates who specialise in planning and environmental law. It excels in handling judicial reviews and planning challenges, and has substantive expertise in the communications, transport and energy sectors. Its clients include local councils, conservation bodies and developers.” This includes “Star Individual” Malcolm Thomson QC. Ampersand is also a Band 2 set in Product Liability stating “A prominent player in product liability matters, with additional bench strength in the areas of personal injury and professional liability. Members routinely act in cases involving defective medical devices and claims relating to industrial product liability. They are experienced in the representation of defenders and pursuers, both in individual cases and in group actions.”
The Clerks also receive high praise again stating “the clerking is excellent” noting “the clerking team is very responsive and experienced. The quality shines through.” and “team is very accommodating and helpful. The clerks respond to enquiries timeously”.
Ampersand’s full listings can be viewed on the Chambers and Partners website here.
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Ampersand welcomes Alexander Sutherland
Ampersand is delighted to welcome Alexander Sutherland to the stable who called at the Bar today.
Before calling to the Bar, Alex trained with Addleshaw Goddard LLP, formerly HBJ Gateley. During his seat in the firm’s dispute resolution department, he gained experience of a wide range of litigation in both the Court of Session and the sheriff court, including real estate and insolvency litigation. He also had seats in the real estate and corporate recovery departments.
Alex 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.
Alex’s interests lie primarily in the fields of commercial and public law. As a devil he also gained experience of planning. His principal devilmaster was Ampersand’s Laura-Anne van der Westhuizen.
He speaks fluent French and German and is well placed to undertake work involving consideration of documents in those languages.
On Alex’s arrival, Head Clerk Alan Moffat said “I am delighted that Alex has joined us. He comes with a great reputation from his time at a top firm and has been highly praised during his time on the devils course. I am very sure he will continue to impress at the Bar and expect him to be a great addition to the stable.”
In the first part of the time-honoured two-stage admission ceremony, the Dean of Faculty, Gordon Jackson, QC, said the public office of advocate carried real privileges and corresponding responsibilities.
“You have become part of a great national institution which has played, throughout its existence, a very significant role in the legal and cultural life of this nation. As a member of Faculty you will play your own particular part in the future of that institution,” he added.
In the second part of the ceremony, before Lord Clark in the Court of Session, Alex along with 6 other new calls made the declaration of allegiance.
Lord Clark said: “It is a genuine pleasure and a privilege to welcome you as members of the Faculty of Advocates and to congratulate you on this great achievement. The Faculty has long been an important and distinguished organisation. It has commonly attracted some of the ablest minds of each generation, and it continues to thrive.
“It is truly one of the great features of our society that the general public, businesses and other organisations have at their disposal people like you – independently-minded advocates who will take on and fight their causes.
“I very much hope that you thoroughly enjoy your work at the Bar and the camaraderie of your colleagues.”
Alex is a welcome addition to the depth of counsel on offer at Ampersand.
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Alexander Sutherland
Alex Sutherland practises in commercial law, 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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