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Welcome to Scottish Legal News - the leading source of news, events and jobs in Scotland's legal sector

Scottish Legal News: Monday 26th July 2021

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Inner House extends interdict banning sale of trade mark infringing Lidl gin to UK-wide order

Lord Carloway
Lord Carloway

The makers of Hendrick’s Gin have succeeded in extending the range of an interdict preventing a discount supermarket chain from selling a product that infringes on their trade mark to the whole of the UK after the chain brought a reclaiming motion to the Inner House of the Court of Session.

W Grant and Sons Ltd, the owners of the Hendrick’s mark, originally obtained interim interdict against Lidl Stiftung & Co KG and its UK equivalents preventing the sale of its ‘Hampstead Gin’ product in Scotland. Lidl raised a reclaiming motion challenging the interdict, with W Grant bringing a cross-appeal against the scope of the interdict.

The appeal was heard by the Lord President, Lord Carloway, sitting with Lord Woolman and Lord Pentland. Dean of Faculty, Roddy Dunlop QC, and Usman Tariq, advocate, appeared for the pursuers while Lord Keen of Elie QC appeared for the defenders and reclaimers.

Unable to conclude

The alleged infringement came about when Lidl changed the design of their Hampstead Gin bottle in January 2021 to a Victorian-style bottle with a diamond label, characteristics that also apply to bottles of Hendrick’s, as well as changing the alcohol by volume to match that of Hendrick’s Gin. At a hearing before an IP judge, it was determined that there was a case for the proposition that Lidl had infringed W Grant’s trade mark and that there was a prima facie case based on section 10(3) of the Trade Marks Act 1994.

In considering the scope of an interim interdict preventing the sale of Hampstead Gin in the infringing get up, the IP judge felt unable to conclude that he could make an order with a territorial scope beyond Scotland, having regard to European case law on the matter including UVG Ambulances v Auto Conversions (2000) and Speechworks v Speechworks International (2000).

Lidl raised a reclaiming motion seeking recall of the interim interdict, on the basis that the IP judge had made a fundamental error in considering that the Hendrick’s mark was not a colour mark, which W Grant later acknowledged it was. A new trade mark introduced by W Grant had not been disclosed to the IP judge, and no unfair advantage had been demonstrated by W Grant.

In the counterclaim, it was submitted for W Grant that the principal argument concerning colour had not been advanced before the IP judge, and that in any event his judgment applied mutatis mutandis to the new mark. In respect of the scope of the order, it was submitted that the 1994 Act was a UK-wide statute, and it would be perverse if the court could not grant a UK-wide interdict for a UK trade mark.

Extensive use of a colour

Delivering the opinion of the court, Lord Carloway began: “There was sufficient material upon which to conclude that there was a prima facie case of infringement. The Hendrick’s Trade Mark depicts a bottle of a particular shape and bearing a coloured label. It does not show a white bottle, nor does it expressly limit itself to a clear bottle. Grants have for some time used as part of their get-up the dark/brown, opaque, apothecary-style bottle upon which the coloured label is affixed.”

He continued: “Where there is no colour specified in the trade mark, extensive use of a particular colour can result in that colour becoming associated in the mind of a significant portion of the public with the trade mark with the consequence that the defenders’ use of the same colour may be seen as taking unfair advantage of that mark. On this basis, the IP judge was entitled to hold that a prima facie case of infringement had been made out.”

Addressing the arguments on the scope of the order, he said: “Grants had a choice of proceeding in either jurisdiction. They elected to sue in Scotland, as they are entitled to do. It would be surprising if it were otherwise given that the alleged infringement is being committed partly in Scotland and Hendrick’s is produced in Scotland. There is no need, where there is jurisdiction in both countries, to raise separate actions in each one.”

He concluded: “That would be an inefficient use of judicial and court time. No issue of comity arises. There are no parallel proceedings in England and Wales. Had there been such proceedings already in existence, the Scottish courts would possibly have awaited the outcome in England and Wales and vice versa. In these circumstances, and in others where it would be more convenient for the litigation to be dealt with by the courts in England and Wales, the defenders could plead forum non conveniens and the court would consider that issue by carrying out the customary balancing exercise.”

For these reasons, the court refused the appeal and allowed the cross-appeal, recalling the part of the IP judge’s interlocutor restricting the scope of the interim interdict to Scotland.

Copyright © Scottish Legal News Ltd 2021

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CMS announces five senior of counsel promotions

Pictured (clockwise): Claudia Russell, Jane Fender-Allison, Keith Simpson, Madeleine Young and Kirsty Nurse

CMS has announced the promotion of five colleagues to the role of of counsel in Scotland.

Construction law specialist Claudia Russell and two further Edinburgh-based colleagues, Kirsty Nurse and Keith Simpson from the firm’s banking and finance team, have been elevated to the senior position.

They are joined by Jane Fender-Allison and Madeleine Young from CMS’s Glasgow construction disputes team, who have also been promoted to of counsel level.

These latest promotions follow last month’s appointment of Michael Urquhart, who joined CMS as an of counsel further bolstering its banking and finance team in Edinburgh, and the promotion of six new partners in May.

Allan Wernham, CMS managing partner in Scotland, said: “We’re delighted to announce these five promotions in Edinburgh and Glasgow into the senior role of Of Counsel. They demonstrate our commitment to on-going career progression for our colleagues and ensure stability and continuity for our clients as we develop talented people across all practice areas of the firm.”

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Appointments at DWF’s Scottish offices

Paul Pignatelli

DWF has appointed five newly-qualified solicitors and taken on six new trainee solicitors across its expanding Scottish teams in Edinburgh and Glasgow.

Taking up newly-qualified solicitor positions in the Scottish offices in September are Katherine Lynch, Sara Baskin, Hope Donnachie, Katy Smith and Nicole Hannah. Their roles will span DWF's legal advisory teams in employment, real estate, insurance and corporate law.

Meanwhile, the new trainee solicitors are Columba Cordingley, Hannah McGirr, Iona Hamilton, Monica Kochar, Rachael Ward and Sophie Campbell. All six will now embark on a two-year training process based across DWF's Edinburgh and Glasgow offices, where they will take four six-month 'seats' before qualifying as a solicitor in two years' time.

Wayne Lawrence, executive partner of DWF in Edinburgh, said: "It's been a very positive first half of the year and we are delighted to be able to invest in the next generation with five newly-qualified positions and six trainee solicitor roles among our new arrivals, which is aligned to our wider commitment to develop legal talent for the future."

Paul Pignatelli, executive partner of DWF's Glasgow office, added: "The expansion of our teams is directly in response to the needs of our clients and is a very positive sign in an otherwise challenging environment. We look forward to continuing this positive momentum as the year progresses, buoyed by our Glasgow move later this month into new fitter-for-purpose premises in The Sentinel."

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Defence solicitor who let client access confidential files fined £2,000

A solicitor who let a sex offender access confidential files has been fined £2,000 by the Scottish Solicitors' Discipline Tribunal (SSDT).

Leon Kondol, 40, from Glasgow, was hired to represent a man accused of the sexual abuse of children.

He shared witness statements given to police and medical reports with the accused, contrary to an undertaking he had made not to do so in his request for disclosure of evidence from the Crown Office. His client was convicted on various charges and thereafter complained to the Scottish Legal Complaints Commission (SLCC).

An SSDT panel has now found Mr Kondol, who said the client had put sustained pressure on him, guilty of professional misconduct.

The SSDT stated: “The tribunal took account of what was said on the respondent’s behalf regarding pressure from the client. However, competent and reputable solicitors must be able to withstand these kinds of demands from clients.

“Failure to do so brings the profession into disrepute and has consequences for the criminal justice system. Witnesses may not be prepared to give statements to the police if solicitors provide them to accused persons.”

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England: Lord Devlin’s daughter claims father sexually abused her as a child

The now 81-year-old daughter of influential English judge Lord Devlin has told an inquiry that she suffered sexual abuse at his hands throughout her childhood and adolescence.

Clare Devlin spoke to The Observer over the weekend about her experience of her late father, who served on the High Court from 1948, as Lord Justice of Appeal from 1960 and as a Lord of Appeal in Ordinary from 1961 to 1964.

Lord Devlin is remembered in particular for his debate in the 1950s with legal philosopher H.L.A. Hart over the role of the law in enforcing morality, in the wake of the Wolfenden report into the criminalisation of homosexuality.

He famously argued that the "suppression of vice is as much the law's business as the suppression of subversive activities" and that it is "not possible to set theoretical limits to the power of the state to legislate against immorality".

However, he privately supported the report's recommendations and by the mid-1960s openly supported the decriminalisation of homosexuality.

Ms Devlin has made a submission about her father to the independent inquiry into child sexual abuse in England and Wales, which is receiving evidence until October.

Asked about her decision to go public, she told The Observer: "It is our silence that permits perpetrators to continue."

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New rules to protect sibling relationships for children in care

Clare Haughey

Legislation comes into force today to help siblings in care stay together.

Part 13 of the Children (Scotland) Act 2020 and the Looked After Children (Scotland) Amendment Regulations 2021 mean local authorities have a duty to ensure siblings are supported to stay together, where appropriate. 

Where it is not appropriate for brothers and sisters to live together, steps should be taken to help them stay in regular touch with each other and to nurture their relationships.

The new rules also mean changes in children’s hearings procedures. Brothers and sisters will have new rights to appropriately participate – with support including advocacy services – in children’s hearings where contact with their siblings is being considered.

Guidance has been published today to help social workers and other practitioners to implement the legislation. The guidance was developed in consultation with children, young people and families with care experience.

Children’s minister Clare Haughey said: “All children need the same things to thrive ­- a stable home, strong support and steady, loving relationships. We know through speaking to children and young people that the relationships with their brothers and sisters are vital to their sense of belonging and to their wellbeing.

"Thankfully, most siblings who experience care away from home are now placed together, but where that is not possible, it is important that those precious bonds are protected and nurtured through spending time with each other.

“The changes that come into force today are a significant step in our commitment to keeping The Promise to drive the changes needed in how we care for our children, young people and families.”

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£5m for gender-based violence services

Christina McKelvie

Frontline services for women and girls affected by gender-based violence will receive £5 million to deal with additional pressures that have occurred during the pandemic.

The funding will go to rape crisis centres and domestic abuse services to cut waiting lists, helping to ensure those affected can access the support they need more quickly. The increased support fulfils one of the commitments for the first 100 days of this government.

It will comprise approximately £4.5 million to be split between Scottish Women’s Aid and Rape Crisis Scotland, and a total of £500,000 for 12 other specialist support services and organisations.

Equalities minister Christina McKelvie said: “Violence against women and girls is one of the most devastating and fundamental violations of human rights and is totally unacceptable.

“We recognise the vital work that local women’s aids and rape crisis centres do day in, day out to support women and girls, including throughout the pandemic, and I know demand for these services has increased. This in itself is appalling and I am determined to support rape crisis centres and domestic abuse services, which provide a lifeline for many women and girls.

“As the need for these services has grown in this most difficult of times, this funding will help survivors, and those at risk, to access specialist support when they need it most.

“We will continue to encourage survivors to report their experience and seek support they need.”

Dr Marsha Scott, Scottish Women’s Aid chief executive, said: "This funding from the Scottish government will help us manage this higher demand and reduce these waiting lists, allowing more accessible support for survivors.

"For us, this is an opportunity to bridge funding between coronavirus emergency funding and a new funding system based on need, rather than historical arrangements.”

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Hope for Aberdeen property market as activity bounces back

Joni Esson

New figures reveal hope for the Aberdeen property market as confidence and activity is back to the pre-downturn level.

The Aberdeen Solicitors' Property Centre (ASPC) has published a new report showing that after five years of steep decline, annual house prices have now risen 3.2 per cent across Aberdeen and Aberdeenshire.

It also revealed a significant 34.5 per cent increase in the number of homes sold in the area.

The report was compiled with the support of the University of Aberdeen business school.

Managing director of Esson & Aberdein, Joni Esson, said the findings have not come as a surprise as her company is seeing many of the homes it lists sell in a matter of days and competition resulting in early closing dates being set.

Ms Esson said: "Positivity in the Aberdeen and Aberdeenshire market is certainly back, with demand growing and in many sectors outstripping supply.

"These figures reflect that this isn’t a sudden surge. It’s sustained growth - which we welcome after the difficult years from the oil crash.

"What's abundantly clear to us is that these new figures marry with our day to day experiences as solicitor estate agents.

"Sellers of good quality homes should feel confident about the market - since our launch at the end of April we have had huge interest in the properties we have listed for sale, a large number of which have sold within the first week of marketing”

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Rumpole rebooted – iconic series to return with female lead

Lily James
Credit: Eva Rinaldi, CC BY-SA 2.0

Rumpole of the Bailey is to make a return – albeit in a form easier on the eyes.

The famous series is being revived three decades after Leo McKern's last closing speech at the Old Bailey. The series was created by Sir John Mortimer, whose daughter, Emily, is updating it for modern times.

The Mail on Sunday has reported that Lily James and Keeley Hawes are in the running for the lead role. Ms James recently starred in The Pursuit of Love, which Ms Mortimer wrote and directed.

The latest figures from the Bar Standards Board indicate that women make up 38 per cent of the profession in England and Wales.

It is understood that the show will be broadcast next year, though it is not clear on which station. The original show was based in part on Sir John's own experiences as a barrister.

He was called to the bar in 1948, at the age of 25 and took silk in 1966. In 1968, he succeeded in an appeal against conviction on behalf of John Calder and Marion Boyars for publishing Hubert Selby Jr.'s Last Exit to Brooklyn. He retired from the bar in 1984.

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Quote of the day

Beliefs about how you live your life, matters of private decision, views best kept for private enjoyment, prejudice or entertainment, can't be imposed by the operation of criminal law. Attempts to enforce such views can only make the government the subject of ridicule.

Sir John Mortimer

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And finally… fake law

A woman managed to dupe the legal profession into believing she was qualified to practise law for three years.

Sessy Xavier, 27, from Kerala in India allegedly forged documents to join the Alappuzha Bar Association.

Xavier, who lacked an LLB, was outed by an anonymous letter sent to the bar association. She was given 24 hours to produce her documents, which she failed to do.

She has now reportedly fled.

In 2017, the Bar Council of India reported that an incredible 45 per cent of lawyers in the country were fake.

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Stewart Title: Property Market – A Perfect Storm for Fraudsters?

Many commentators have warned that the restrictions on face-to-face meetings and inspections caused by COVID-19, and the pressure to complete quickly to benefit from advantageous market conditions, can create a “perfect storm” for criminals seeking to fraudulently sell property.

A new report on money laundering activity in 2020 has shown these fears to be well founded, as property fraud was a key theme in £200 Million of criminal activity.

Many of these cases relate to transactions where a criminal purports to sell a property without the knowledge or consent of the proper legal owner. Where they are successful, a legitimate buyer and their lender can face enormous losses.

Protection against this type of loss is provided by Stewart Title’s Fraud Solution Policy. This policy offers safeguards against losses arising from fraud for buyers and their lenders where a criminal successfully impersonates the owner of a property. Cover of up to £1,000,000 is available for residential properties in England, Wales and Scotland with premiums starting at £28 (inclusive of IPT).

Solicitors acting for buyers are also protected as all rights of subrogation are expressly waived so their Professional Indemnity Insurance is protected.

Policies can be ordered online at: www.stewartsolution.com. Where cover is required for all of a firm’s buyer and lender clients, it is also available as a Block Policy.

For more details, please contact:

John Logan

Country Manager

01698 833308 

john.logan@stewart.com

Elizabeth Birrell

Business Development Executive

07940 513681 

elizabeth.birrell@stewart.com

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Global Language Services Ltd

Technology in the 21st Century is providing us with the means to communicate our thoughts and ideas across the planet in a way that would have been unthinkable, even 10 years ago.

However good the technology is, it cannot pick up the subtleties of a language, the culture that underpins it, or even the humour that oils many of our conversations.

For this reason there has always been a need for skilled interpreters and translators and probably always will. That’s where Global Language Services Ltd can help you.

Not only do we have the language service talent that you are likely to need, we also have a track record that spans Government, health, justice, commercial and private sector contracts.

So, whatever you want to achieve in a different language, we’re on your side from the word ‘go’.

We go out of our way to help with any translation and interpreting requirements and you can test that simply by picking up the phone and getting in touch. Calls are answered by trained operators with no call centres – just real people determined to help you achieve your language service requirements as quickly as possible.

If you’ve been searching for Professional Translation or reliable Interpreting Services at competitive prices, we like to think that Global will be your long-term partner after your first project with us.

With offices in Glasgow, Edinburgh, Inverness and Aberdeen we are committed to finding local interpreters and translators wherever possible. Our reach, however, goes much further than Scotland and we are happy to take translation projects from across the world.

Call Today on 0141 429 3429 to discuss your Project or email mail@globallanguageservices.co.uk

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Latest Jobs

Technology associate/ senior associate – CMS

Due to continued success, CMS is creating a number of new roles within its Band 1 ranked technology team.

About the Role

The team advises on a broad range of commercial matters across technology sectors. We focus on work of the highest quality and clients range from blue chips to smaller, cutting edge technology entities.

On the IP side, you will be advising a wide range of clients on commercial agreements relating to the development, protection and exploitation of IP. We advise leading universities, research institutions and entrepreneurial businesses on high profile projects involving IP, complex licensing and technology transfer agreements.

A number of our IP lawyers work closely with clients in the life sciences sector, advising on pharmaceutical products, medical devices, personalised/stratified medicine projects and eHealth/digital health technologies. You will have the opportunity to develop a specialism in this area if of interest.

Other clients include innovative companies across food and drink, consumer products, media, energy, and oil & gas.

On the IT/Telecoms side, the work will involve significant projects and high value transactions e.g. outsourcing, system development and software contracts. We advise a wide range of clients across financial and public sectors, from blue chips to innovative technology companies. We are actively involved in developing areas such as Fintech, blockchain, robotics and AI.

If you are interested in IT projects, CMS will provide you with exposure to some of the most significant in the UK.

The team also advises across Data Protection law.

We have a close-knit team across Glasgow, Edinburgh and Aberdeen, working across the UK and internationally.

About You

Strong general commercial expertise is essential with a good working knowledge of IP and IT matters (we are looking for several roles at associate and senior associate level, we envisage in the 2-10PQE+ range). Specific expertise in certain sectors such as financial services, energy or life sciences is a bonus.
 
The role will carry a high degree of client contact, and so experience and confidence in dealing directly with clients is important.

To apply, please follow the link here.

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Scottish IP disputes associate – CMS

CMS has an exciting and rare opportunity for an IP disputes lawyer to join its ambition and growing Band 1 Scottish IP disputes team.

About the role

Our Band 1 team advise on a broad range of contentious IP matters across a wide range of sectors, e.g. financial services, oil & gas, food and drink, hospitality & leisure, consumer products, education, sport, and energy.

The role will be based in our Scottish offices (Glasgow, Edinburgh or Aberdeen) and you will be working for the head of our Scottish IP disputes team, Neeraj Thomas. You will also work closely with our top-ranked London IP group, comprised of a cross-disciplinary team of solicitors, trade mark and patent attorneys.

Our team acts for a number of Scottish, National and International brands on the full range of contentious IP work, including patents, trade marks, copyright and confidential information. You will have the opportunity to advise clients on all stages of the contentious work including pre-action advisory, raising, running and defending court actions (predominantly in the Court of Session) as well as potentially being involved in managing/running IP litigation in England and beyond.

You will also have the opportunity to act on IT and Telecoms disputes and we are actively involved in developing areas e.g. Fintech, blockchain, robotics and AI.

About You

Scottish Contentious IP experience and excellent knowledge of Court of Session procedure as it relates to the Scottish IP court are essential. We envisage the candidate will be 2- 6 PQE+. Specific expertise in some of our key sectors (outlined above) is a bonus.

The role will carry a high degree of client contact, so experience and confidence dealing directly with clients is important.

We would also expect you to be able to delegate work to more junior members of the team and also help with training and development.

Finally, you should be comfortable assisting with, and taking the initiative in, business development activities to help the continued growth of the practice.

To apply, please follow the link here.

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Senior Solicitor (Litigation) – Scottish Fire and Rescue Service

The Scottish Fire and Rescue Service would like to invite applications for the post of senior solicitor (litigation), based in Hamilton (though presently working from home).

Salary: £44,721- £48,158

Fixed-term position.

This is an exciting and unique opportunity to join the Scottish Fire and Rescue Service’s Legal Team (SFRS). The successful candidate will assist the legal services manager in the effective delivery of professional legal advice and guidance to the Service and the execution of legal work (including appearance work), with a specific focus on the Cameron House Fatal Accident Inquiry. The Service is a Core Participant at the Inquiry. The post holder will be embedded into the Service’s Inquiry Team.

Applicants require to:

  • be educated to LLB Degree (Bachelor of Laws) or equivalent.
  • hold a current unrestricted Practicing Certificate from the Law Society of Scotland.
  • have a flexible attitude, and capacity to work under pressure with excellent communication skills.
  • have proven achievements in Court appearance work - specifically fatal accident inquiries.
  • have a minimum of 5 years' Post Qualifying Experience (exceptions will be considered subject to proven track record in inquiry work).

This is a temporary (c.2 years), full-time opportunity, working 35 hours per week however applications from individuals seeking to work on a flexible working basis would be considered.

Salary on appointment will normally be at the lower salary point, with progression subject to regular review - in line with the SFRS performance appraisal arrangements. A higher salary placing will be considered in exceptional circumstances subject to experience demonstrated.

This post is also subject to the provision of the Rehabilitation of Offenders Act 1974 (Exclusions and Exemptions) Scotland Order 2013. Therefore, the successful candidates will be subject to a Standard Disclosure record check through Disclosure Scotland.

For a Job Description or any further information, or to apply, please submit your CV and supporting statement to Sharon Clelland, legal services manager, SFRS – sharon.clelland@firescotland.gov.uk

Closing date: 2 August 2021, 4pm.

Anticipated Interviews w/c 16 August 2021

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Property Solicitor – Harper Macleod

Harper Macleod has an exciting opening for a property solicitor.

The successful candidate will work in a team that specialises in rural property transactions and acts for a wide variety of clients across a broad range of work - from crofting law to renewable energy projects and from agriculture farm purchases to some of the most significant community buyouts under the Scottish Government's landmark Land Reform legislation.

The modern Rural Economy is a major focus of Harper Macleod, which this year extended its presence in the north of Scotland by acquiring another law firm in Elgin, Moray and also helped to organise the inaugural Scottish Highlands and Islands Rural Economy Conference & Awards.

This position provides an opportunity to be part of the continued growth of the largest legal team in the Highlands, Islands and Moray, working from our Inverness office which is home to 25 lawyers.

Experience in rural property is not essential and the successful candidate will provide transactional and advisory support across a range of matters, working with Partner Calum MacLeod, who is one of only two Accredited Specialists in Crofting Law in Scotland.

You will gain exposure to commercial transactions in a rural context, and have the chance to contribute to the growth of an exciting practice in a fantastic part of Scotland in which to live and work.

The firm won Real Estate Team of the Year at the recent Law Awards of Scotland and we are passionate about providing a platform for our talented lawyers to develop their career as part of the ongoing success of the Harper Macleod business.

Let your ambitions and ours go hand in hand

Harper Macleod’s culture is the sum of the actions of the people who make up our business – it’s built around taking calculated risks and pushing for innovative solutions. You know the law, but you also know that there’s much more to being a lawyer than that.

You know that doing things the right way is always the best way – the right things for clients, colleagues and our communities. We will never compromise on this.

We also embrace flexibility – including when and where our people work.

We are a business that has been named Law Firm of the Year eight times and ranked in The Times Scotland Best Law Firms 2020. We offer a competitive salary and benefits package, an active colleague engagement & CSR programme and the opportunity to develop your career.

We believe the best is yet to come for Harper Macleod. If this sounds like the type of firm you’d like to be part of, maybe the best is yet to come for you?

To apply please send a CV and current salary details to Rona Cargill

Rona.cargill@harpermacleod.co.uk

www.harpermacleod.co.uk

Harper Macleod LLP is committed to promoting equal opportunities and developing a diverse workforce.

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President of Local Taxation Chamber of First-tier Tribunal for Scotland – Judicial Appointments Board for Scotland

The Tribunals (Scotland) Act 2014 created a new statutory framework for tribunals in Scotland. The Act created two new tribunals, the First-Tier Tribunal for Scotland and the Upper Tribunal for Scotland, known collectively as the Scottish Tribunals. The First-Tier Tribunal consists of a number of Chambers, each with its own jurisdiction and headed by a Chamber President.

Vacancies

The Judicial Appointments Board for Scotland (JABS) invites applications from suitably qualified individuals who wish to be considered for appointment as President of the new Chamber which, subject to regulations, is expected to be called the Local Taxation Chamber of the First-tier Tribunal for Scotland.

This is an opportunity to contribute to justice in Scotland. The successful applicant will be involved in setting up the new Chamber and recruiting its membership. The Local Taxation Chamber will consist of legal and ordinary members with valuation and surveying experience. It will consider appeals relating to a number of elements of local taxation including: property valuation, calculation of council tax liabilities and reductions thereof, and local taxation related civil penalty decisions.

Rates

This post is paid on a daily fee basis. Initially, the daily fee will be £354.70, rising to £506.71 once the Chamber begins hearing cases in January 2023.

Start Dates

It is expected that the appointment will start in January 2022 to allow the post holder to be involved in the creation of regulations for the new Chamber and the recruitment of members for the chamber. The Chamber President will personally not be asked to hear cases until there is a formal transfer of the appeals functions to the Chamber in January 2023.

Eligibility and Specifications

Please see the specific role description on our website.

Scottish Tribunals

Applicants should note that the Tribunals (Scotland) Act 2014 added tribunal members to the list of judicial officers who are subject to the retirement provisions contained within the Judicial Pensions and Retirement Act 1993.

We encourage diversity and particularly welcome applications from persons currently under-represented in the judiciary. The principles of fair and open competition will apply and recommendation for appointment will be made solely on merit.

Further information can be found within the Guidance Note and Role Profile here.

Applications must be submitted by noon on Wednesday 11 August 2021.

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Ancho voluntary board members – Ancho

Ancho is seeking to recruit new board members who have a real desire and interest in helping our organisation achieve its aims and objectives and contribute towards providing an excellent service to our tenants and the local community.

Ancho is a housing association with 850 properties for social rent and provides factoring services to 200 owner-occupiers with the majority in North Ayrshire. It has an annual turnover of £3.1m and is a registered social landlord with the Scottish Housing Regulator. Ancho is part of the Cairn Housing Group, following the establishment of the constitutional partnership with Cairn Housing Association in November 2018, the Group provides homes and services in communities across Scotland.

Our mission is to provide quality, safe, affordable homes and services, in our communities and with our partners, throughout Scotland.

Our values are customer first, excellence, accountability, respect, one team.

Ancho’s board has responsibility for good governance and direction of the service, supported by the local Ancho staff team and the executive team at Cairn. We are looking for interested parties who can commit to attending up to 9 meetings per year (currently Thursday evenings online via Teams). As part of our succession and development approach, we encourage and support Board members’ personal development through induction, mentoring, training, seminars and conferences or study visits and involvement in working groups across the Cairn Group. You will receive a laptop, email account and IT support to facilitate attendance at virtual meetings. As a voluntary position, you will not be paid but travel to attend meetings and other expenses are reimbursed in line with the group entitlements, payments and benefits policy.

We are committed to improving equality and diversity on our board and welcome applications from all sections of the community, particularly under-represented groups, and we would be keen to hear from you if you have experience in the following areas:-

  • Ancho Tenant
  • Law / Charity Law

If you wish to discuss this matter informally, or for further details and an application pack please contact: Carolyn Owens, governance services manager, on Tel: 0800 990 3405, email carolyn.owens@cairnha.com or write to us at Cairn Housing Group, 22 Hopetoun Street, Edinburgh, EH7 4GH.

Closing date for applications is Monday 2 August 2021. Interviews will take place w/c 9 August 2021.

Visit our website at www.ancho.co.uk for more information.

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Voluntary board members – Cairn Housing Group

Cairn Housing Group is a national provider of housing services operating across 24 local authority areas throughout Scotland. We are a strong business with a clear social purpose, 4,000 homes under management, have an annual turnover of £21m and are a registered social landlord with the Scottish Housing Regulator. We are looking for Board Members for the parent organisation, Cairn Housing Association. The Group also includes Ancho our registered social landlord subsidiary in North Ayrshire and our commercial subsidiary, Cairn Living. We recently secured a private placement of £50 million to fund our growth, development and investment plans. We are also in advanced discussions with Pentland Housing Association about a potential merger, so this is a really exciting time to join our Board.

Our Vision is Great Homes, Great Services, Great People.

Our Values are Customer First, Excellence, Accountability, One Team and Respect.

Cairn is led by an experienced board that has overall responsibility for governance and strategic direction. As part of our succession planning, we are seeking to recruit new members who have a real desire and interest in helping our ambitious organisation achieve its aims and objectives and contribute towards business growth, service excellence and good governance. As a voluntary position, it will not be paid but travel and other expenses for attendance at meetings are reimbursed in line with our group entitlements, payment and benefits policy. You will need to commit to attending up to 9 meetings per year (currently virtual and daytime but will also be held in Edinburgh, Bellshill or Inverness once Covid restrictions are eased). You will receive a laptop, email account and IT support to facilitate attendance at virtual meetings. As part of our succession and development approach, we encourage, support, and expect Board members to commit to personal development through induction, mentoring, training, seminars and conferences or study visits and involvement in working groups across the Cairn Group.

We are committed to improving equality and diversity on our Board and welcome applications from all sections of the community, particularly under-represented groups and women with relevant skills and experience. We would be particularly keen to hear from you if you have a legal qualification, experience, and skills.

If you wish to discuss this matter informally or for further details and an application pack please contact Carolyn Owens, governance services manager, on 0800 990 3405, email carolyn.owens@cairnha.com or write to us at Cairn Housing Association, Bellevue House, 22 Hopetoun Street, Edinburgh, EH7 4GH. 

Closing date for applications is Wednesday 11 August 2021. It is anticipated that
interviews will be held on 18/19 August 2021.

Visit our website at www.cairnha.com for more information.

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Senior solicitor/associate IPTC (3-6 years' PQE) – MacRoberts LLP

MacRoberts IPTC has an opportunity for a senior solicitor or associate to join its IP/IT/commercial team in Edinburgh.

The role

A fantastic opportunity to join a dynamic and growing IP/IT/Commerical team with a strong team ethos and support culture.

The successful candidate will be involved in working on commercial contracts and information technology, information law, intellectual property and compliance matters, including, outsourcing, managed services, cloud / SaaS, e-commerce, data protection compliance, data sharing, processing and security, brand protection, copyright, domain names, and freedom of information.

The team is working with exciting and leading commercial clients nationally and internationally. The organisations that the candidate will work with range across almost all industry sectors and in size from central and local government, education, financial services, energy, food and drink, charities, media, medtech, technology, start-up to international. The type of work is broad-ranging, stimulating and often innovative. We are also members of strong international legal networks and work closely with firms across the world on joint projects.

The successful candidate will also be involved in the preparation and delivery of training to clients and in networking activities generally. We encourage active participation in our industry sector teams. Commercial awareness is essential.

Education/experience

Applicants should have the relevant post-qualifying experience.

In addition to being able to demonstrate relevant legal expertise, the successful candidate will require excellent interpersonal and communication skills, attention to detail, problem-solving, time management and a client focussed approach to all aspects of day to day tasks.

Applicants must be able to juggle a busy and varied workload, have an enthusiastic approach to work and enjoy working in a team environment. The successful candidates will be expected to work alongside other practice groups within the firm providing a collaborative approach to the provision of client service.

Applicants must also be able to demonstrate a proven ability to manage and run their day-to-day work with appropriate supervision.

Location

Our approach to agile working allows employees a blend of working from home as well as in our office in Edinburgh with travel to our Glasgow and Dundee offices when required.

To apply or to find out more about our other vacancies please visit our recruitment portal.

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Solicitor (1-4 years' PQE) – commercial property & real estate – BTO

BTO Solicitors has an exciting opportunity for a solicitor to work within its commercial property and real estate team based in Glasgow.

The successful candidate will support the commercial property and real estate department with a broad caseload including acting on behalf of businesses and individuals on a wide and varied range of commercial property concerns, and advising clients on all aspects of commercial property issues including purchases, sales, leasing, banking, etc.

Candidates must have a sound understanding of commercial property law and processes, good technical skills, commercial awareness, a strong client-focused approach and well-developed interpersonal skills with the ability to build strong relationships with clients and other team members.

For further information please visit the careers page on our website: https://www.bto.co.uk/careers.aspx

To apply, please forward your CV to hr@bto.co.uk along with a covering letter and details of your salary expectation.

Closing date: Friday 6 August 2021.

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Dispute Resolution Associate/Senior Solicitor (4+ years PQE) – SKO

Edinburgh

Full time position

The role

This is an excellent opportunity for a litigator with a commercial, corporate or contentious wills & trusts background who wants to move into family law. The role will involve complex litigation, primarily in the Court of Session, and will allow you to gain experience of other dispute resolution models and non-contentious work. You will have lots of client contact and responsibility.

We are looking for someone who wants to help find creative solutions that are commercially realistic, tax-efficient and effective - in a family law context. The clients you will be working with will usually have shareholdings in private limited companies and/or interests in partnerships; they will often be company directors or partners and there will be tax implications inherent in the resolution of their affairs.

You will be working daily with a wide variety of other professionals- family and commercial counsel, corporate and private client lawyers, forensic and tax accountants, actuaries, family offices and reputation managers- in Scotland and elsewhere. You will be the lynchpin for the client - they will trust your judgement and wisdom, and expect you to have brought together a team that will sensitively and efficiently deliver a resolution.

For the right person there is also the opportunity to do other creative things like writing, lecturing and potential for involvement in firm management and business development.

The firm 

SKO is Scotland's largest niche family firm, top ranked in both Chambers & Partners and the Legal 500. We are focused solely on meeting the needs of clients accessing Scots Family Law advice, advising individuals and other lawyers in the UK and abroad. As well as having Solicitors accredited by The Law Society of Scotland as Specialists in family law, child law and as family mediators we have four family Arbitrators and knowledgeable and experienced support staff. We are close knit team and pride ourselves on our commitment to our clients and to excellence in our specialist field.

Who we are looking for

You will be a dispute resolution lawyer who has experience of both negotiation and litigation, primarily in the Court of Session, and who is confident interacting with clients.

We are not expecting the successful applicant to have any experience in family law although potential applicants with a background in family law should not count themselves out if they have the key skills and experience we seek.

A significant proportion of the matters you deal with will also involve you working with lawyers in other jurisdictions and if you have an interest in PIL/IPL that would be an advantage.

You will be a strong team player with excellent interpersonal, client and commercial skills. You will work well as part of a close-knit team.

You will have a flexible approach to meeting client demands and priorities and show a commitment to excellence in client service.

We are a small firm so you will be someone who is adaptable and enthusiastic about assisting and supporting your colleagues.

You must be intellectually able, motivated to learn and interested in dealing with varied, often very complex and/or legally novel work.

You will be someone who feels comfortable acting as main point of contact for clients and as an ambassador for the practice. You will be acutely aware of the need for privacy and sensitivity in dealing with clients who are often experiencing anxiety and distress.

You will have integrity, sensitivity and empathy and value the fact that we are an equal opportunities employer and we recruit the best possible people regardless of their age, gender, race, sexual orientation, disability, religion or belief.

The successful candidate will have very strong written and oral communication skills, be a good listener and have excellent attention to detail.

Applications

To apply for this position please email your CV together with a covering letter to rachael.kelsey@sko-family.co.uk

The closing date for applications is 5pm on 30th July 2021. Interviews will be conducted on 4th August 2021.

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Part-time Sheriffs/Summary Sheriffs – Judicial Appointments Board for Scotland

The Judicial Appointments Board for Scotland (JABS) invites applications from suitably qualified individuals who wish to be considered for a part- time appointment to the office of Part-Time Sheriff and Part-Time Summary Sheriff.

This is an exciting opportunity to contribute to justice in Scotland and to assist with the court recovery programme. Potential applicants should note that there are anticipated to be a higher number of sitting days, up to 60 days, within the first year of their appointment and should ensure they are able to commit to 60 days before applying. Thereafter the expectation is that each Part-Time Summary Sheriff and Part-Time Sheriff will sit for a minimum of 20 days annually.

For further information please see the JABS website here.

We welcome applications from civil and criminal practitioners alike. We encourage diversity and particularly welcome applications from groups currently under-represented in the judiciary. The principles of fair and open competition will apply and recommendation for appointment will be made solely on merit.

Applications must be submitted by noon on Wednesday 10 August 2021.

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Private Client Solicitor (1-3 PQE) – Friends Legal

Friends Legal is looking to recruit a private client solicitor with 1-3 years' PQE.

Location: Glasgow, Edinburgh, and homeworking

Friends Legal is a new name in the Scottish legal market with offices in Glasgow and Edinburgh. We have just launched our new Wills, Trust and Afterlife Legal Services team with the focus on service delivery at a transparent, market leading fixed cost. The aim is to dispense with legal jargon and treat people who need legal help fairly.

We invest heavily in our people, IT and case management systems.

We are committed to making the process affordable and straightforward for all our clients. No jargon. No barriers. Just proactivity, sensitivity and commerciality. Our staff are trained to exceed exacting service level agreements and deliver exceptional, individual client care.

Role

We are looking to recruit an enthusiastic solicitor 1-3 PQE to join our new and quickly growing team mainly based in Glasgow. The role shall involve managing a caseload of Wills, Powers of Attorney, and Executries. Some Trust experience would be useful but not essential. You will be expected to manage your work with minimal supervision, and to assist in supervising other members of the team.

The role involves significant client contact. You must have excellent client skills, together with a pragmatic and results orientated approach. Candidates should have a proven passion for private client work,and be able to deal with clients at vulnerable stages in their lives with sensitivity and compassion.

Case management experience would be desirable although a willingness to learn and adapt is more important. We aim to offer an expanded hours service and you may be required to work accordingly.

We offer a competitive salary, benefits package and the opportunity to develop your career according to ability and aptitude. This is a fantastic opportunity to join and shape a new team in a successful, growing firm who like to approach legal services differently.

To apply for this position please send a CV and covering e-mail to recruitment@friends-legal.co.uk.

Equal Opportunities

The firm is committed to providing a non-discriminatory and harassment free working environment for all its employees.  All staff are expected to have due regard for those policies when carrying out their duties.

All offers are subject to satisfactory Criminal Records Bureau, Credit Check and professional/personal referee checks.

No agencies.

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Reporter to the Professional Conduct Sub Committee – Law Society of Scotland

Two exciting opportunities have arisen within the professional conduct team at the Law Society of Scotland for two temporary reporters to the professional conduct sub committee, £39,000pa.

The Team

The professional conduct team handle all conduct complaints against Scottish solicitors, executry and conveyancing practitioners. We investigate and report on the conduct complaints, and the professional conduct sub committees (PCSCs) make the decisions on whether the complaints should be upheld or not. The PCSCs may impose sanctions on the solicitor if a complaint is upheld, or refer them to the independent Scottish Solicitors’ Discipline Tribunal for prosecution.

The Role

We are looking for an applicant with an LLB, or equivalent, to investigate and report on complaints about the conduct of Scottish solicitors. Experience of working as a solicitor, handling complaints and regulatory matters would be an advantage. One role will be offered to the successful applicant on a fixed term 12-month contract, and the second role will be offered to the successful applicant on a fixed term 6-month contract.

The Candidate

We are seeking an individual who is self-motivated, highly resilient, enjoys working as part of a team, is organised and confident interacting with people who are in stressful situations. They should have excellent verbal and written communication skills and sharp analytical skills.

What will I receive in return?

  • 35 hour working week
  • 25 (pro rata) (rising to 30 after 5 years’ service) days holiday plus bank holidays
  • Flexitime
  • Extensive training is available for the successful candidate

As an organisation, our values are respect, openness, progress, inclusion and integrity. We strive to embed these in all our interactions with colleagues, members, stakeholders and members of the public.

Further information on the vacancies can be found on our website by clicking apply now.

Please note that only applications submitted in the correct format will be considered.

This vacancy will close at 12 noon on Friday 30 July 2021. It is anticipated that interviews will take place on 10 & 11 August 2021.

All interviews will be via video conference.
No CVs or agencies please.

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Personal Injury Solicitor (2 years + PQE) – UnionLine Scotland

Due to continued expansion UnionLine Scotland are seeking to recruit a solicitor to join its hard working and dynamic personal injury team. Experience of dealing with disease claims from either a Pursuer or Defender background is essential.

UnionLine is a law firm owned by two of the UK’s leading trade unions and operates in Scotland as UnionLine Scotland, managed by DJ Mackay Solicitors, LLP. The model has proved highly successful and the firm has expanded year on year since inception in 2016.

The aim of UnionLine Scotland is to continue to provide the highest quality services to trade union clients. The COVID-19 pandemic has presented many challenges for our trade unions clients and their members, requiring expert legal advice and support, especially from our disease team. The legal challenges, however, also provide opportunity thus necessitating our current recruitment drive.

The successful candidate, as well as demonstrating the necessary skills and experience, will be a highly motivated litigator, ambitious both for themselves and UnionLine Scotland.

Excellent terms and conditions offered for the successful candidate.  

If you would like to apply for this post, please send your CV and covering letter to Lisa McLuckie – lisa.mcluckie@unionlinescotland.co.uk by Friday 30 July 2021.

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Events

Commercial Contract Law Conference | Law Society of Scotland | 17 & 18 August Sponsored post

Join us online over two mornings to discuss the nuances of negotiating and drafting in different circumstances and to take a look at commercial contracts in practice, hearing about a range of topics from arbitrations, data protection, contract and client management.

On both days you’ll have many opportunities to engage with the speakers and ask the questions most relevant to your work.

Our expert speaker lineup includes:

Iain McDougall, director, MBM Commercial
Laura Irvine, partner, Davidson Chalmers Stewart
Valerie Allan, partner, CMS Cameron McKenna Nabarro Olswang

Bookings made by Friday 23 July will receive a 20 per cent early bird discount.

For more information or to book your place please visit the Law Society website here.

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Sole Practitioner and High Street Firm Conference | Law Society of Scotland | 27 & 28 July Sponsored post

As the virtual-working and financial challenges of the past year continue to cause ripple effects, take this opportunity to come together for peer guidance and in-depth analysis of issues affecting your practice.

Join us for key legal updates, strategic insight and practical debate facilitated by our expert speakers. You will have plenty of opportunities to engage in lively and extensive discussions over the two mornings of this online forum. We will be joined by Ken Dalling, our incoming President, for an opening address looking at the future of the profession and thoughts for the coming year. 

For more information or to book your place please visit our website.

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Send your events to Scottish Legal News Sponsored post

Get your events listed on Scottish Legal News by contacting our advertising manager, Jeff Anderson, on jeff@scottishnews.com.

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