Our Advocates
Robert D. Sutherland
Ranked Band 1 for Agricultural and Rural Affairs in the latest edition of Chambers UK directory, Robert Sutherland is '''very widely known and widely involved in the farming arena.'' He remains a leader on farming-related EU matters, landlord and tenant disputes and crofting law' (Chambers UK, 2013). 'Sources welcome his detailed knowledge of agricultural holdings law, quick turnaround times and ''reassuring air of confidence.'''(Chambers UK, 2012). He is also noted for his 'speed of turnaround and excellent preparation' (Chambers UK, 2011). '''I find his advice sensible and pragmatic, and he always takes into account what my clients ultimately hope to achieve'' one solicitor comments. He is ''well known in the agricultural community, prompt when dealing with instructions and insightful on rural matters''' (Chambers UK, 2010). Robert Sutherland is also recommended in the latest edition of Legal 500 (2012) which describes him as incisive, quick-witted and thorough. Recent editions have also described him as 'easily accessible, helpful and direct in his advice' (2011) and recommended him for his ability to deal with highly technical matters in agricultural law: '[he] deals with matters promptly and provides good quality advice of a technical and pragmatic nature' (Legal 500, 2010).
Professional Information:
Year of Call: 1992
Devil Masters: Jonathan J. Mitchell, QC; Richard S. Keen, QC; Sheriff M. G. O'Grady, QC
Qualifications: MA (Hons) (History) (1981), LL.B (1988), Dip.L.P. (1989)
Biography:
Robert Sutherland specialises in administrative and local government, environmental, housing, property, and agricultural law (in respect of which he has entries in both the current Legal 500 and Chambers UK directories). He is an Associate Member of the Chartered Institute of Arbitrators. He is a member of the UKELA Scotland Committee.
He has been involved in a wide variety of arbitrations, planning inquiries, local authority committee hearings and has appeared in cases before the Supreme Court, House of Lords, the Court of Session, the Sheriff Courts, the Scottish Land Court, the Lands Tribunal for Scotland, the Social Security Commissioners, the Criminal Injuries Compensation Appeal Panel and the Immigration Appeal Tribunal. Robert has also been instructed in waste management prosecutions and statutory nuisance cases under the Environmental Protection Act 1990, summary applications under the Telecommunications Code and a statutory appeal under the Pollution Prevention and Control (Scotland) Regulations 2000.
He has been a speaker at a number of conferences concerned with agricultural, crofting, environmental and property law matters. Events include the UKELA Scotland Conference 2012 ("Environmental Issues in the Planning Regime"); TFC/ Garners Seminar ("Environmental Taxation in the UK") and other seminars organised by Terra Firma Chambers. He has also spoken on the implementation of the Home Owner and Debtor Protection (Scotland) Act 2010. He has also written numerous articles on agricultural, crofting, planning and various respects of rural and property law.
Robert’s personal interests include US politics and hill walking.
Appointments:
- Legal Adviser to Lothian Association of Youth Clubs (http://www.layc.org.uk/)
- Director (since 1999) and Convenor (since 2004) of Scottish Legal Action Group (http://www.scolag.org/)
- Director, Scottish Legal News Limited (http://www.scottishlegal.com/)
Membership:
- Member of Legal Panel for Equality and Human Rights Commission
- Agricultural Law Association
- Chartered Institute of Arbitrators (Associate Member)
- Chartered Institute of Housing
- Crofting Law Group
- Scottish Planning, Local Government and Environmental Bar Group
- United Kingdom Environmental Law Association.
Publications:
- Former Scots Law Times case reporter
- Former Editor of Green's Housing Law Reports
- Frequent article contributor to SCOLAG, the Scots Law Times and the Bulletin of the Agricultural Law Association
- Contributor to Green's Litigation Styles
- Contributor to Claiming Criminal Injuries Compensation (Judicial Review chapter)
- Contributor to Scottish Human Rights Service (Social Security chapter)
- Contributor to Scottish Planning Factbook (updating Chapter 8, Conservation and other controls, from 2008).
Recent Cases:
- Watling Street Litigations
- Uprichard v Scottish Ministers & Fife Council (UKSC)
- Bradonwood Ltd (LTS, Variation of Burden)
- Cameron v Alexander (SLC/43/08)
- Crewpace v French 2012 GWD 4-57
- Hallam Land Management v Edinburgh City Council 2011 SLT 965
- Dupplin Trust v Simpson (2011, Perth Sheriff Court, whether obligation to transfer SFP at end of tenancy)
- L v State Hospital Board 2011 SLT 233
- Thomson, Roddick & Laurie v Katalyst Projects Ltd, 2011 SLT (Sh. Ct.) 194
- Wallace v City of Glasgow Council (2010, Glasgow Sheriff Court)
- MaColl v Crofters Commission, 2010 SLT 128
- Fraser v McArthur Stewart, 2009 SLT 31
- Grant v Trustees of the Glengarry Estate Trust, 2008 SLCR 63
- S v Criminal Injuries Compensation Board, 2007 SLT 575
- Downie v The Trustees of the Earl of Stair’s 1970 Trust, 2007 SLT 827
- Ferns v Scottish Homes, 2007 SLT (Sh Ct) 27
- Planning Appeal, P/PPA/230/858, 1 Baberton Loan, Woodhall Mains, Juniper Green, Edinburgh
- Planning Appeal, P/PPA/230/860, 69 Marionville Road, Edinburgh
- Nisala v Glasgow City Council, 2006 Hous LR 66
- Erdem v Secretary of State for the Home Department, 2006 SLT 356
Tel (Mobile): 07739 639102
Fax (Home): 0131 468 2234
Tel (Clerk): 0131 260 5830
Fax (Clerk): 0131 225 3642
Email: robert.sutherland@terrafirmachambers.com
Articles written by Robert D. Sutherland:
- Break Clauses and Irritancies - Some Common Pitfalls in Commercial Leases
- Environmental Taxation In The UK and Scotland - Changes, Challenges and Landfill Tax
- I'm a Cecropia, Get Me Out of Here
- A Survey of Rural Law Developments in Scotland in June 2011
- A Survey of Rural Law Developments in Scotland in April and May 2011
- A Survey of Rural Law Developments in Scotland in March 2011
- A Survey of Rural Law Developments in Scotland in February 2011
- A Survey of Rural Law Developments in Scotland
- A Survey of Rural Law Developments in Scotland in December 2010
- A Survey of Rural Law Developments in Scotland in November 2010
- A Survey of Rural Law Developments in October 2010
- A Survey of Rural Law Developments in Scotland in September 2010
- A Survey of Rural Law Developments in Scotland in August 2010
- A Survey of Rural Law Developments in Scotland in July 2010
- A Survey of Rural Law Developments in Scotland in June 2010
- New Rural Payments Appeals System
- Expert Evidence - Role Duties and Responsibilities of the Expert Witness in Court Proceedings
- Case Comment - Mitchell v Glasgow City Council
- Land Reform in Scotland in the 21st Century
- Proposals for Crofting Reform Published
- Agricultural Holdings Case Law Update
- Part IIA Cases on the Contaminated Land Regime, and Future Legislative Changes
- Who pays for the cost of cleaning up contaminated land?
