Alasdair Sutherland, the head of planning and environment at Burness Paull, acted for Trees for Life, a rewilding charity, in a Court of Session challenge to a practice conducted by Scotland’s agency for wildlife and habitats, NatureScot, of licensing the killing of beavers. The court ruled that NatureScot had unlawfully granted licences to kill beavers and in future it must fully set out the reasons why any such licences should be granted.
What were the biggest hurdles you had to overcome in this case?
Beavers cannot pay to represent themselves. Securing protection from costs was key: without that the case would not have gone ahead. We successfully argued that crowdfunding should not bar protection from costs, which sets a precedent for future strategic environmental litigation.
What is the best decision you have taken as a lawyer?
Saying yes to opportunities, no matter how terrifying they may seem at the time. It has led to a career I could never have imagined.
Who do you most admire in the law?
The late Roy Martin QC. One of the most respected members of the Scottish legal profession, he was incredibly generous with his time and taught me the importance of integrity, impartiality and above all respect — including for those on the other side of the argument.
What is the best advice you have received?
Be helpful. Your job is not to beat your opponent but to persuade the decision-maker in your favour. The more you help them, the more likely they are to agree with you. Sometimes easier said than done.
Advertisement
What is the funniest thing that has happened in your job?
Trying to explain a coloured plan to a judge and courtroom. I am colour blind. I think the court was mostly laughing with me.
What are the best and worst aspects of being a lawyer?
The best is being trusted with matters of importance that make a real difference to individuals, organisations and society. The worst is email.
What law would you enact?
The compulsory wearing of helmets for cyclists — children and adults.
What is your favourite film?
Where Eagles Dare. Hands down the best film theme tune of all time.
