The Legal 500

Position

Alan advises widely in all forms of commercial and property based actions. He also appears regularly in professional negligence cases particularly medical negligence and on behalf of local authorities in a wide variety of connections. He is at present representing Fife Council in Mitchell v Fife Council, a ‘right to roam’ case. In 2010, Alan appeared in the Supreme Court in two landmark cases. He acted for the successful appellants in Royal Bank of Scotland v Wilson (2010 SLT 1227) a case concerning the calling up of standard securities and the ejection of debtors. The result was described as ‘an earthquake’, ‘dynamite’ and ‘the Cadder decision for homeowners’. He also appeared earlier in the year in Cadder v HMA (2010 SLT 1125) for the UK government; a case concerning the compatibility of Scottish criminal procedure with the European Convention on Human Rights. This case too has had a profound effect on Scots law and resulted in emergency legislation to remedy the law of evidence. Also in 2010 he appeared for the successful respondents in the Inner House in Scottish Coal Company v Danish Forestry Co (2010 CSIH 56), a case concerning the enforceability of a commercial contract for the extraction of coal. This case is under appeal to the Supreme Court with the appeal likely to be heard in Spring/Summer 2011. During 2009 Alan acted for the Foreign Office in the Lockerbie Appeal (Megrahi v HMA 2008 SLT 333) advancing the UK government’s public interest immunity claim. He was also instructed by Shetland Catch Limited to defend their interests in Davies Wood Summers (solicitors) v HMA (2009 GWD 27-436) a case concerning police raids on solicitors offices and the right to legal professional privilege. Alan was instructed by Landsbanki to protect their interests as creditor in the administration of the Heritable Bank Ltd. He also appeared in a number of commercial court actions including cases advancing personal bar arguments in a share purchase agreement (Marwaha v Anwar) and the effectiveness of the winding up of an agricultural partnership (Logie v Bain). He acted for the defenders in Scottish Coal Co Ltd v Trs of FIM Timber Growth Fund (2009 GWD 11-168), a case concerning frustration of contract.

Career

Called 1994; silk 2008; standing junior to the Scottish Executive acting principally for the Department of Public Health, and Keeper of the Registers of Scotland 2000-05; currently Special Counsel to UK government (2007 to date); Chairman, Faculty Services Limited (2008 to date).

Education

Grove Academy, Broughty Ferry, Dundee; Dundee University (LLB); St Catherine’s College, Oxford (BCL).

Leisure

Reading.

Practice Areas

Commercial litigation; Property - landlord and tenant; Property - litigation