Alan A. Summers

Alan is currently representing the UK Government in HMA v Megrahi (the Lockerbie appeal).

He has appeared for the Scottish Executive in a number of Mental Health appeals by Restricted Patients (Lyons v Scottish Ministers [Glasgow Sheriff Court 2000]; Biggley v Scottish  Ministers [Lanark Sheriff Court] 2001; McMillan v Scottish Ministers [Glasgow Sheriff Court 2002], Ferguson v Scottish Ministers [Lanark Sheriff Court] 2002; Grieve v Scottish Ministers [Cupar Sheriff Court] 2002, Smellie v Scottish Ministers [Linlithgow Sheriff Court] 2003 and McGregor v Scottish Ministers [Lochgilphead Sheriff Court] 2004 and in cases involving public health issues e.g. Napier v Scottish Ministers June [2000] (transfer of Pharmaceutical Licence), Mansewood Nursing Home v Scottish Ministers & Ors [2001] (registration of care home) and Greater Glasgow Health Board v Smith & Scottish Ministers [2005] (eligibility for Legal Aid for ophthalmologist). 

Alan acted for the Keeper of the Registers of Scotland -  McGeough v Keeper of Registers; Bristol & West BS v Keeper; McIntosh v Keeper; Baird v Baird & Keeper and in other property disputes e.g. Meiklam v Scottish Ministers (Land Court, 2003) – dispute over land valuation, Smith v Scottish Ministers – dispute over construction of bridge over river Clyde (Inner House 2004).

Commercial Law and Property Law - He acts regularly in commercial disputes.  His caseload includes planning matters, contract disputes, copyright breaches, repayment of commercial debt, disputes between Landlord and Tenant etc. His reported cases in this area include  Wilkie v Brown 2003 SC 573; Accountant in Bankruptcy v Mackay 2004 SLT 777; Clarke v Fennoscandia 2004 S.C. 197; European & International Investments v McLaren Building Services 2001 S.C. 775; Boskabelle v Laird 2006 S.L.T. 1079.

Human Rights - He has appeared in a number of cases invoking the European Convention on Human Rights e.g. Clancy v Caird 2000 S.C. 441 –fair trial; Martin v McGuiness 2003 SLT 1136 – fair trial and privacy, 1424.  Chief Constable of Fife Constabulary v McEwan 12th October 2007 – fair trial and article 1 protocol 1. He appeared in the Privy Council for the Crown in Mills v H.M.A. (2003 J.C. 1).

Fisheries Law - Alan has acted for the owners of fishing vessels in about 10 prosecutions for breaches of E.U. and U.K law e.g. Perry v West 2000 J.C. 122 and Matthew v Aitken 2004 SCCR 515.

Publications:
Satanic Mills, Sweatshops and the Law, JR 1990
The Assignation of Collateral Warranties, SLT 1993
Res Judicata and Excess Clauses in Insurance Contracts, SLT 1996
Currently commissioned to write a new textbook on Diligence for  W Green & Son/Thomsons along with Eric Baijal of Drever & Heddle solicitors
Articles in S.L.T. and other journals

Appointments:
Ad Hoc Advocate Depute (July 2001)
Standing Junior to Scottish Executive acting principally for the Health Department and the Keeper of the Registers of Scotland (2000 - 2007)
Special Counsel to the UK Government (2007 to date)
Chairman of Faculty Services Ltd (2008 to date)

Further Information:
Scottish Education Department Scholarship 1986-88
Lecturer, Department of Scots Law, University of Edinburgh 1998-1990
Lord Reid Scholarship 1993-1994
W. Green Prize in Law 1986

Committees:
Faculty Sub-committee on Mental Health (Care and Treatment) (Scotland) Act 2003
Faculty Sub-Committee on proposals to Reform Criminal Injuries Compensation Scheme 2006

Other Responsibilities:
Tutor - Faculty of Advocates Foundation Course