Jamie Sutherland

Jamie Sutherland has a busy court and advisory practice, spanning commercial, residential and agricultural landlord and tenant and real property law.

He is an experienced advocate in the courts and property tribunals, with reported successes in appeals before the Court of Appeal (concerning an appellate court’s jurisdiction to interfere with a first-instance costs award made after settlement of the substantive claim) and the High Court (concerning the validity of a landlord’s break notice served in the registration gap following a transfer of the reversion).

Jamie is co-author of two practitioner texts, Muir Watt and Moss on Agricultural Holdings, Fifteenth Edition (2018) and The Law and Practice of Charging Orders on Land (2013).

In the real property field, Jamie has recently been instructed in matters involving adverse possession, boundaries, easements, mortgages, land registration, options and restrictive covenants. His landlord and tenant experience includes break clauses, forfeiture, leasehold enfranchisement, service charges, rent review, tenants’ right of first refusal, business tenancies, and tenancies under the Rent Acts and Housing Acts. Jamie regularly acts in cases involving the Agricultural Holdings Act 1986 and Agricultural Tenancies Act 1995. 

• Education
  • Jamie read Classics at Corpus Christi College, Cambridge, obtaining a first class undergraduate degree in 2006 and an M.Phil. in 2007.
  • Jamie was awarded a Distinction in the Graduate Diploma in Law at City University London in 2009.
• Professional
  • Jamie was called to the Bar by Lincoln’s Inn in 2010 and was awarded the Inn’s Lord Bowen, Tancred and Levitt Scholarships.
  • He completed the Bar Vocational Course at BPP Law School in 2010, where he was graded Very Competent.
  • In 2015, Jamie was awarded a Pegasus Trust Scholarship, which enabled him to spend two months working with native title representative bodies in Australia. Based in Perth, he also spent time at a chambers in Sydney and attended “on-country” Federal Court of Australia hearings in two native title cases, held on the Aboriginal claim groups’ traditional lands in the Pilbara region of Western Australia. 
  • Jamie is a member of the Property Bar Association, the London Common Law and Commercial Bar Association and the Chancery Bar Association. 
• Recent Cases

  Recent cases in which Jamie has appeared include

  • Powles v Reeves [2016] EWCA Civ 1375, [2017] 1 Costs L.R. 19  – appeal concerning the circumstances in which an appellate court can interfere with a judge’s decision on costs following a settlement of the substantive issues
  • Stodday Land Limited v Pye [2016] EWHC 2454 (Ch) – appeal on the validity of a landlord’s notice to quit an agricultural holding, served in the registration gap arising on a transfer of the reversion
  • Hughes v Longford (County Court at Telford) – five-day trial regarding the physical extent of a right of way over agricultural land
  • Glassrose v Hamed (County Court at Central London) – two-day trial of a possession claim under the Rent Act 1977, relying on the statutory tenant having ceased to occupy the property as his residence
  • Sher v Miah (County Court at Central London) – five-day trial in a boundary dispute, involving interpretation of the conveyance, rectification and adverse possession
  • Raza v Chauhan (County Court at Willesden) – one-day trial of an opposed business lease renewal under the grounds at section 30(1)(c) and (g) of the Landlord and Tenant Act 1954
  • Yianni v Shakeshaft (County Court at Central London) – two-day trial regarding alleged nuisance by water ingress in a block of flats

   

  Jamie frequently acts in cases which are successfully settled by alternative dispute resolution. Recent examples include:

  • acted for the respondents in a trustee for bankruptcy’s application under the Insolvency Act 1986, challenging alleged transactions at an undervalue: settled at the door of THE court
  • settled at mediation a co-ownership dispute under the Trusts of Land and Appointment of Trustees Act 1996 involving commercial and residential properties
  • acted for the commercial tenant in an expert determination regarding the validity of a break notice
  • settled a commercial service charge dispute at mediation
• Publications

  Jamie is co-author of two books:

  • Muir Watt & Moss: Agricultural Holdings, Fifteenth Edition (2018)
  • The Law and Practice of Charging Orders on Land (2013).

  Jamie’s articles include:

  • “Possessory licences over land – relief all round!”, Landlord and Tenant Review 2018, 22(5), 180-183
  • “Notes in the margin: the court’s approach to negligence claims against valuation surveyors”, Solicitors’ Journal 2017, 161(11), 29
  • “Enforcing restrictive covenants in building schemes”, Solicitors Journal 2016, 160(40), 31
  • “Commercial and competitive: EU Competition Law and Retail Leases” New Law Journal 2016, 166(7698), 11-12
  • “Back on the buses: implied terms after Marks & Spencer v Paribas” New Law Journal 2016, 166(7681), 11-12
  • “Proprietary estoppel and the constructive trust as defences to the operation of a landlord’s break clause” Landlord and Tenant Review 2012, 16(3), 88-91
  • “Section 30(1)(g) of the Landlord and Tenant Act 1954: a landlord’s intention or a tenant’s coercion?” Landlord and Tenant Review 2011, 15(6), 223-226
  • “Time out? How long do a landlord and tenant’s liabilities last under the Tenancy Deposit Scheme?” New Law Journal 2011, 161(7479), 1173-1175.

  Jamie frequently gives talks and seminars for solicitors and other property professionals. Recent topics include:

  • Did anyone notice? Challenges to the validity of property law notices
  • Enfranchisement: recent developments in law and practice
  • Easements and boundaries in agricultural land
  • Rent as an administration expense.