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.
Back
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.
Back
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.
Back
Timothy Young
‘Timothy is a very astute operator who commands the confidence of clients and solicitors alike.’ (Chambers (2024) – Commercial Dispute Resolution)
‘His intellectual prowess and ability to quickly and competently ascertain the critical considerations of a case and the best strategy moving forward is matched with a formidable style of advocacy.’ (Chambers (2024) – Construction)
‘Timothy understands issues and is good on his feet. He is popular with both solicitors and clients and robustly puts forward his clients’ positions.’ (Chambers (2024) – Company)
‘Tim’s ability to break down complex problems and legal arguments and get to the nub of the issue is second-to-none.’ (Legal 500 (2024) – Property, Planning and Construction, Band 1)
‘He is one of the best advocates at the Bar. He is very bright and very user-friendly’ (Chambers (2023) – Commercial Dispute Resolution)
‘Tim is excellent. He is regularly instructed in public law matters and his written work is exceptional.’ (Chambers (2023) – Administrative and Public Law)
Tim Young is a leading junior counsel with particular emphasis on commercial and public law disputes.
He has acted in many of the most complex and high-value commercial disputes of recent years. He has a broad expertise in commercial contract disputes (particularly construction and IT contracts), trusts, property (including agricultural and crofting matters), banking, insolvency, and shipping and maritime law. He is also a contributing editor to leading practitioner texts in these areas, the Companies Law (reissue) and Shipping and Maritime Law (reissue) volumes of The Laws of Scotland: Stair Memorial Encyclopaedia.
He also has substantial experience of judicial review and statutory appeals in the field of public and administrative law, particularly dealing with human rights challenges, malicious prosecution cases, 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.
Tim has also been appointed as a Standing Junior Counsel to the Scottish Government, and regularly appears in the courts for the Scottish Government.
He graduated with a first class honours from the University of Strathclyde. Throughout his career, he has maintained links with academia through tutoring Business Entities and Constitutional Law at both the University of Edinburgh and Napier University, and as an external examiner at Robert Gordon University. He is also the Deputy Editor of the official law report series in Scotland, Session Cases.
Back
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.
Back
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 2018.
Ampersand received 56 listings across 15 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. In addition to this Aidan O’Neill QC is ranked in the London Bar Guide. 4 members are noted as “star individuals”.
Noted as a Band 1 set for Clinical Negligence, Ampersand has 18 rankings in this area. The guide says “As far as top Scottish clinical negligence practitioners are concerned, the name Ampersand is synonymous with excellence. This premier stable is acknowledged to have “the widest range of counsel in medical negligence with the broadest range of experience and knowledge.”
Band 2 listings include Administrative and Public law where Ampersand’s high-level public law challenges are noted and is described as “a good stable of advocates”. In Civil Liberties & Human Rights the Band 2 listing notes Ampersand’s “considerable expertise in the civil liberties field, drawing on their experience in employment, equality and EU law”.
In Commercial Dispute Resolution Ampersand is noted as “A highly respected stable with far-reaching experience across the commercial spectrum. It boasts an impressive roster of senior counsel and upcoming juniors, and is home to strong generalists as well as leading insolvency, shipping and real estate advocates”. Ampersand’s Commercial expertise is further noted in Restructuring and Insolvency, which includes “Star Individual” David Sellar QC, stating Ampersand “combines a renowned commercial practice with numerous high-level insolvency specialists” being described as a “go-to set for insolvency matters” and “excellent commercial stable”.
Ampersand’s Personal Injury work is again acknowledged with the guide noting “an impressive breadth of personal injury knowledge to individuals, major insurers, local authorities and other government agencies. The stable’s expertise in medical issues means it is well placed to advise pursuers and defenders on the full range of personal injury cases, including stress at work, motor accidents and clinical negligence claims. The team’s “practical approach to cases” is lauded by clients, who also comment that the advocates are “approachable, good to deal with and prompt at returning calls and emails, which is important.”. The listing includes Maria Maguire QC and Graham Primrose QC as “Star Individuals”.
Ampersand is listed in 2 new areas as a set this year. In Planning and Environment Ampersand is noted as being “A highly respected stable that is emerging as a force to be reckoned with in the arena of planning and environment law. Advocates at the stable are particularly well-versed in matters involving infrastructure and renewable energy. They are frequently instructed in major inquiries, and act for a variety of clients, including developers, promoters, objectors and decision-makers. The stable also vaunts expertise in planning appeals and judicial review proceedings.” This includes “Star Individual” Malcolm Thomson QC. Ampersand is also a Band 2 set in Product Liability stating “Ampersand Advocates enjoys an enviable reputation as one of the top-ranked sets in Scotland. It undertakes product liability work to the same excellent standard as the many other areas of the law it practices in. Members here work across a wide range of industry sectors and act for both claimants and defendants. The set has a particular reputation for handling cases that arise from the healthcare sector”.
The Clerks also receive high praise noting “The whole team is very organised.” and “their clerks are excellent, very responsive and helpful”.
Ampersand’s full listings can be viewed on the Chambers and Partners website here.
Back
