Alan A. Summers QC

Year Of Call

1994

Year Of Silk

2008

Devil Masters

Sheriff Thomas Welsh QC, The Hon. Lord Doherty

Qualifications

LL.B (Hons) University of Dundee, B.C.L. University of Oxford (St Catherine's College)

Cases

Interests:

• Bankruptcy & Insolvency
• Building & Construction
• Commercial
• Constitutional
• Fisheries
• Human Rights

Thurs far in 2010 Alan has appeared in the Supreme Court as intervener for the UK Government in Cadder v HMA, a case concerning the Convention compatibility of s.14 of the Criminal Procedure (Scotland) Act. He has also appeared for the Respondents in the Inner House in Scottish Coal Company v Danish Forestry Co, a case concerning the enforceability of a commercial contract for the extraction of coal. He is senior counsel for the Appellants in Royal Bank of Scotland v Wilson (2009 SLT 729) a case concerning heritable securities; the appeal is due to be heard in the Supreme Court in October.

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 Anwer) 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.

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.

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
Articles in S.L.T. and other journals

Appointments

Chairman of Faculty Services Ltd (2008 to date)
Special Counsel to the UK Government (2007 to date)
Standing Junior to Scottish Executive acting principally for the Health Department and the Keeper of the Registers of Scotland (2000 - 2007)

Further Information

Scottish Education Department Scholarship 1986 - 1988
Lecturer, Department of Scots Law, University of Edinburgh 1988 - 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