Jamie Sutherland

Jamie Sutherland practises in all areas of commercial, residential and agricultural landlord and tenant and real property law.

Jamie is an experienced advocate in the courts and property tribunals, as well as in arbitrations and in all forms of alternative dispute resolution. He also has a busy advisory practice. He has been described in the legal press as “ridiculously clever, diligent and personable”.

Jamie’s experience includes:

• Adverse possession
• Agriculture and rural land, including all matters arising under the Agricultural Holdings Act 1986 and the Agricultural Tenancies Act 1995
• Break clauses
• Boundaries
• Business lease renewals under the Landlord and Tenant Act 1954
• Contractual interpretation
• Easements
• Enfranchisement under the Leasehold Reform Act 1967 and the Leasehold Reform, Housing and Urban Development Act 1993
• Forfeiture
• Land registration
• Options
• Overage agreements
• Professional negligence
• Rent review
• Residential tenancies under the Rent Act 1977 and the Housing Act 1988
• Restrictive covenants
• Tenants’ right of first refusal under the Landlord and Tenant Act 1987

Jamie is co-author of the latest two editions of Muir Watt and Moss on Agricultural Holdings (2018 and 2024), and was also a co-author of the first edition of The Law and Practice of Charging Orders on Land (2013). He writes regularly for the legal journals and frequently delivers training sessions to solicitors and other property professionals.

• 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

  Jamie has recently appeared in the following cases:

  • Roberts v Virdee (2024, County Court at Luton) – three-day trial in a boundary dispute, involving interpretation of conveyances and plans, proprietary estoppel and adverse possession
  • Trustees of Seend Lye Recreation Field v MacDonald (2024, High Court in Bristol) – easement case which settled shortly before commencement of a five-day trial
  • Agricultural arbitration (2023) –two-day arbitration on a Case D Notice to Quit under the Agricultural Holdings Act 1986, involving factual and legal disputes on effective service of a notice to pay rent
  • Ensor v Chunga Limited (2023, County Court at Central London) – easement and nuisance case which settled at start of a three-day trial
  • Mackelden v Wilson’s Auctions – (2022, County Court at Canterbury) – three-day trial in a commercial forfeiture case, involving alleged breaches of user and alienation covenants
  • Sneller v Patel (2021, County Court at Central London) – five-day trial in easement, boundary and trespass case resulting from a residential development
  • Clipper Logistics v Scottish Equitable (2021, County Court at Sheffield) – two-day trial in an uncontested business lease renewal, with disputes over rent, alienation terms and energy efficiency regulations (“green lease” terms)
  • Hanuman v Patel (2020, County Court at Romford) – trial regarding rent deposit deed in a commercial tenancy case
  • County of Herefordshire District Council v Bayliss [2019] 9 WLUK 147 – determination by the Agricultural Land and Drainage Tribunal regarding landlord’s ability to seek possession under the Agricultural Holdings Act 1986 for a proposed development which does not yet have planning permission
  • 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
• Publications

  Jamie is co-author of two books:

  • Muir Watt and Moss: Agricultural Holdings, Fifteenth Edition (2018) and Sixteenth Edition (2024)
  • The Law and Practice of Charging Orders on Land, First Edition (2013)

   

  Jamie’s articles include:

  • “Party Wall disputes: in on the Act?”, New Law Journal 2023, 173(8021), 13-14
  • “Adverse possession: the general theory of relativity (and title)”, New Law Journal 2022, 172(7973), 9-10
  • “Another landlord bites the crust: intention in opposed lease renewals”, New Law Journal 2021, 171(7957~), 13-14
  • “One flat, two guvnors: overriding leases and enfranchisement”, New Law Journal 2020, 170(7878), 14-15
  • “Check your email (signatures)! Electronic signatures and formality requirements”, New Law Journal 2020, 170(7878), 14-15
  • “Delineating the jurisdiction to grant relief from forfeiture”, Landlord and Tenant Review 2020, 24(1), 20-24
  • “Leases, Brexit and Frustration”, Landlord and Tenant Review 2019, 23(5), 191-194
  • “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