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Scottish Legal News: Wednesday 25th August 2021

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Latest News

Outer House rejects hospice’s challenge of report by public health body detailing service complaint

Lord Harrower
Lord Harrower

A petition for judicial review by a hospice challenging the decision of Healthcare Improvement Scotland to publish a report containing details of a complaint made against it has been refused by a judge in the Outer House of the Court of Session

The anonymous petitioner, Y, argued that it had a legitimate expectation that the complaint would not be published by the respondent following representations it made at a meeting following the complaint. 

The petition was heard by Lord Harrower. Walker QC appeared for the petitioner, while the respondent was represented by Gardiner, advocate. 

Unambiguous representation 

The petitioner’s premises were inspected by a team from the respondent in March 2019 in order to investigate a complaint made against it. At the end of this visit the inspectors met with representatives of the petitioner. At this meeting, a representative of the petitioner asked about the details that would end up in the public domain, with a representative of the respondent replying that, while nothing would go there at present, there was a consultation out which partly concerned whether reports should be published online. 

Later that month, the respondent partially upheld the complaint made against the petitioner. The details of this decision were not published. However, a second inspection of the premises occurred in the summer of 2019 to investigate action taken by the petitioner to meet the requirements and recommendations made following the first report. 

Following the second inspection, a draft report was prepared by the respondent and issued to the petitioner. The draft report mentioned the original complaint and noted that some of the measures imposed by the respondent had not been implemented by the petitioner. A third inspection was carried out in December 2020 to determine whether the petition was delivering safe care to patients during the Covid-19 pandemic, and a draft report, which again mentioned the 2019 complaint, was issued to the petitioner. 

The petitioner challenged the publication of the 2021 draft report, founding on the representations made to it by the respondent’s representative in 2019. It was submitted that these formed a legitimate expectation on the part of the petitioner that any matter concerning the complaint would not be placed in the public domain. 

In response, counsel for the respondent submitted that the representations made could not fairly be read as a clear, unambiguous representation that it would avoid putting any reference to the fact that a complaint had been made into the public domain. The 2021 report did not state whether the complaint had been upheld or not, and in any event the original representation had been qualified by the statement that “at the moment” no details of complaints were put into the public domain. 

Proper context 

Lord Harrower, in his opinion, began by noting: “Whatever the respondent’s representations and conduct relied upon by the petitioner, these require to be understood against the relevant background of law and public policy against which the respondent is obliged to conduct its affairs. The central principle, in accordance with which the respondent must exercise its functions, so far as relevant to this case, is to protect and enhance the safety and wellbeing of all persons who use independent health care services.” 

He continued: “The representation founded upon was made at a meeting held on the very day of the inspection . Not only had no report yet been completed, but, as is apparent from the minutes of that meeting, the respondent’s investigation was far from completion. Arguably, therefore, any promise not to put its eventual report on the matters inspected into the public domain would have been premature, and ultra vires the respondent’s statutory obligation to keep open for consideration whatever publicity that report should ultimately be given.” 

Addressing whether the representation given was clear and unambiguous, he said: “What was said at the meeting in March 2019 must be understood in its proper context, and that included the public policy and statutory duties outlined above, as well as the actual policy on inspections and reports adopted by the respondent. If the legitimate expectation contended for by the petitioner was not actually inconsistent with the respondent’s statutory duties, as I have suggested it might have been, then at the very least it ‘sat awkwardly’ with them, as the respondent argued.”  

He went on to say: “Counsel for the respondent had further submitted that the representation was relevantly qualified by the words, ‘At the moment, nothing’. I have some difficulty with his submission that this should be taken to be referring to the near future’, and also with whatever the ‘near future’ might be in this context. However, nor do I consider that it would have been reasonable for the petitioner to interpret the representation as binding the respondent for all time coming.” 

Lord Harrower concluded: “The respondent could never reasonably have been understood, either by its representation at the meeting, or by not immediately producing a report following inspection 1, as having promised never to refer to the original requirement when carrying out and reporting on subsequent inspections.” 

For these reasons, the petition was refused.

Copyright © Scottish Legal News Ltd 2021

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Rachael Kelsey: Lugano – no breakthrough in sight

Rachael Kelsey

A piece in the FT yesterday on the Lugano Convention was one of the first that has looked at the family law consequences of the UK no longer being a party to the Convention (which provides agreed jurisdictional rules in cross border cases for civil and commercial matters, and provides for recognition and enforcement of the resulting judgments).

There has been much written on the other civil (and commercial) law ramifications, but much of that commentary has focused on the potential losses to the UK legal services sector if there is a move away from the UK (for which read London) when it comes to dispute resolution.

For an excellent summary of where we are generally with the UK’s application to accede to Lugano in our own right, and the international context, I commend a great wee article that I read yesterday by Geert van Calster, a Belgian lawyer and academic. His focus, again, does not encompass the family law issues arising, but worth reading if for no other reason than his lovely analogy on the present and foreseeable landscape: ‘If Brussels Ia is the Champions League, then Lugano is the Premier League and the Hague Judgments Convention the Ruritanian Boy Scouts football conference’.

From a family law perspective, we don’t have to wait for the Judgments Convention to come into force to have provision to fill (some) of the gaps left by the loss of the European Regulations and Lugano – we do have the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance 2007. And although that Convention has massively improved the cross border provision with states like the US, it is not as comprehensive, in a European context, as Lugano (let alone Brussels IIa – in Mr Calster’s analogy, in a family law context, replace Br IIa with Br Ia and the Judgments Convention with Hague 2007).

The 2007 Convention, unlike Lugano, doesn’t have ‘direct’ jurisdictional rules setting out which courts can deal with a matter. Rather, at the back end, once you have your judgment, it contains ‘indirect’ jurisdictional rules – rules which can limit recognition and enforcement of judgments. So, the danger is that people bash on and get a judgment that is perfectly valid domestically, which would previously have been capable of recognition/enforcement in another state, but now is not.

The other area where the provision in Hague 2007 is inferior to that in Lugano is in relation to the lack of a lis pendens provision. All of us – whether we are civil practitioners and used to working with Br Ia, or family lawyers working with Br IIa and the Maintenance Regulation – have been used to the ‘first past the post’ system in the Regulations that ensured that parallel proceedings and/or a rush to judgment was avoided.

When Br II (as it then was) came into force in the UK in 2005, some English family lawyers in particular disliked the loss of the classic forum non conveniens regime in family cases, arguing that it discouraged mediation and negotiation, and encouraged an unduly hasty rush to court. That was perhaps unsurprising given that their approach in family cases is inherently much more discretionary than ours, but few retained that view after working with the Regulations – they came to see the benefits of certainty and predictability for the vast majority of people, and welcomed that forum shopping by the more economically dominant party became less easy.

The other aspect of Lugano that we as family lawyers miss is the ability to have binding choice of court agreements. In cross border pre-nups, since the Maintenance Regulation, it was usual to make an election for jurisdiction for spousal maintenance claims. That was very helpful and reduced the scope for economic abuse, again. Lugano also allows for binding choice of court agreements, but there is no similar provision in Hague 2007.

If you are interested in some of the detail on the family law issues, it’s worth reading the IAFL European Chapter paper on Lugano. There was unanimity from top family lawyers in 22 different jurisdictions across the EU, EFTA states and within the UK that if would be better for cross border families and individuals if the UK were allowed to accede to Lugano in our own right.

There is no clarity about the process that is to be adopted for consideration of the UK’s application, which was made in April 2020. The Commission have made their position clear – that they are not ‘in a position to give [its] consent to invite the United Kingdom to accede to the Lugano Convention’. It seems that unanimity of member states will be required to make progress (I bow to the much greater knowledge of Mr Claster on matters of internal procedure in the EU, and he deals with this at the end of his article).

Given France’s vocal opposition to the UK rejoining and the general rather bad tempered tenor of UK and EU discussions, I don’t think that many of us are holding our breath. So, for the time being, we are back to the bad old days of unharmonised rules, races to court (and judgment), parallel proceedings and unenforceable orders. Remind me, when can I retire?

  • Rachael Kelsey is a partner at SKO Family Law Specialists, is the Scottish member of the Ministry of Justice ILC Lugano Engagement Group and is currently President of the European Chapter of the International Academy of Family Lawyers.
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SSDT clears Kilmarnock solicitor of alleged threat to journalist

The Scottish Solicitors' Discipline Tribunal (SSDT) has dismissed an appeal from a journalist who complained that he was threatened by a solicitor.

The tribunal upheld the determination of the Law Society's professional conduct subcommittee (PCSC), which cleared Kilmarnock solicitor Neil McPherson of wrongdoing.

Freelance journalist Campbell Thomas alleged that Mr McPherson had "acted in a threatening manner" towards him outside Kilmarnock Sheriff Court in September 2016, and had personally attacked him in comments to other members of the press.

The complaint included the allegation that Mr McPherson had said to him: "You'd better be careful Campbell, you'd better be very careful."

The PCSC concluded in July 2020 that the solicitor had said the words in question, but disagreed that the behaviour could be categorised as professional misconduct or unsatisfactory professional conduct because the words in themselves were not threatening.

The SSDT said the PCSC's determination included "some factual inaccuracies" but considered that these "did not affect the central issue to be determined, namely whether the PCSC had erred in its decision-making in terms of the tests in Hood and ultimately whether [Mr McPherson] was guilty of unsatisfactory professional conduct".

The tribunal, whose decision was handed down in May but published this week, said the PCSC's analysis of the alleged threat "was not unreasonable" and the alleged comments to other members of the press "at worst were a poor joke".

"It is a counsel of perfection to say that solicitors must interact perfectly with others at all times," the tribunal added.

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Human rights watchdog welcomes announcement of Covid inquiry

Kavita Chetty
Kavita Chetty

The Scottish Human Rights Commission has welcomed the Scottish government's committent to a "human rights-based" inquiry into its handling of the Covid-19 pandemic.

Kavita Chetty, head of strategy and legal for the rights watchdog, briefed MSPs last week on why human rights need to be embedded in the inquiry from the outset.

The government announced yesterday that a judge-led inquiry would be established by the end of the year and launched a consultation on its draft aims and principles.

Ms Chetty said: "As we start to look back on decisions made, it is important to understand both why and how people’s human rights were impacted. A public inquiry can shine a light on systemic issues and failures, in turn allowing for accountability and lessons to be learned as we move into recovery.

"People’s human rights, including the right to life, have been impacted by almost every measure and decision taken in response to the Covid-19 pandemic. The experiences of people living in care homes, people accessing social care, those in prison, or children unable to attend school or nursery all have human rights implications.

"While the whole population experienced unprecedented restrictions on their personal freedoms, we already know that some groups have felt the impact acutely and disproportionately."

She added: "The Commission welcomes the Scottish government’s commitment to take a human rights-based approach to this public inquiry. This will enable all of us to examine decisions through the lens of international and domestic human rights laws and standards – a clear, robust framework that can guide us through a complex set of issues.

"A human rights based approach will also mean ensuring those most affected by the pandemic are fully engaged in developing both the process and the outcome of the Inquiry and embedding human rights into the work taking place to develop and specify terms of reference, accountability mechanisms, participation processes and communication methods."

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Six trainees join Your Conveyancer in Dunfermline

Six new first-year trainee solicitors have joined Your Conveyancer in Dunfermline.

David White, Deborah Grant, Aaron Parkinson, Emma McKenzie, Kimberley Fyfe and Leah Adams join two current trainee solicitors, Larissa Keddie and Ross Thomson, who are approaching the end of their first year of training.

Training manager and director Nicola Elliott said: "It is fantastic to be able to bring in another six trainee solicitors who are able to join our very successful programme that we have in place at Your Conveyancer for developing the trainees into solicitors.

"This is the fourth year that we have been providing traineeship opportunities and we are delighted that the programme is such a success.

"Our past trainees have developed into very knowledgeable solicitors and I very much look forward to being part of the development of the current eight trainees that we have at Your Conveyancer.”

Ms Elliott and colleague Neil Crockatt took over as directors of Your Conveyancer earlier this year and oversaw its recent move to new offices in Dunfermline.

The pair said they are "very much looking forward to the future and taking the company from strength to strength".

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Rules of court continued to be drawn up during Covid-19 crisis

Lord Carloway
Lord Carloway

Seven sets of draft rules prepared by the Scottish Civil Justice Council (SCJC) were given legal effect during its 2020/21 reporting period despite the significant impact of the Covid-19 pandemic.

Achievements, accounts and a summary of the rules prepared during the year by the SCJC are laid out in its eighth annual report, which has been published today.

Writing his foreword as Council chair, the Lord President, Lord Carloway, charted the Council’s continued work on civil court reform and noted the wide range of subject matters in which it has developed new rules.

Lord Carloway said: "During this reporting period the Covid-19 pandemic has had a significant impact on the delivery of the Council’s business, and its available resources. We have however adapted effectively and changed working practices to ensure that our business priorities can be progressed as appropriate.

"The Council and its committees continued to respond to rules requests in light of new legislation and policy initiatives. New rules, as well as amendments to existing rules have been implemented over a broad spectrum of subject matters including the introduction of group procedure and various instruments that arose in response to the United Kingdom’s exit from the European Union."

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Manus McGuire

An obituary of Brian Manus McGuire, founding partner of Thompsons Solicitors Scotland, has been published by The Herald.

Mr McGuire, who died last month the day before his 82nd birthday, "defined what it is to be a socialist lawyer", it notes.

The Herald writes: "As founding partner of Thompsons Scotland, along with his partner David Stevenson, Manus became the rebel with a cause.

"The many tributes paid to Manus repeat the same sentiment – he was a man of principle who was dedicated to fighting for justice for working people."

Read the full obituary here

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US: Trump-era asylum policy reinstated by court order

A Trump-era policy forcing asylum seekers to wait in Mexico while their claims are processed in the US must be reinstated following a decision by the Supreme Court of the United States (SCOTUS).

The top court refused to grant the Biden administration a stay on a district court injunction pending appeals, with three justices – belonging to the court's liberal wing – dissenting.

The so-called Migrant Protection Protocols, also known as the "remain in Mexico" programme, were halted by the Department of Homeland Security (DHS) shortly after Biden's inauguration, NPR reports.

However, the state of Texas sued the federal government over the suspension of the programme, claiming that it placed a burden on local governments to provide services to asylum seekers.

"The applicants have failed to show a likelihood of success on the claim that the memorandum rescinding the Migrant Protection Protocols was not arbitrary and capricious," the justices wrote in yesterday's order.

A spokesperson for DHS said: "The Department of Homeland Security respectfully disagrees with the district court’s decision and regrets that the Supreme Court declined to issue a stay.

"DHS has appealed the district court’s order and will continue to vigorously challenge it. As the appeal process continues, however, DHS will comply with the order in good faith"

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And finally... mermaid's tale

The estate of the sculptor of Copenhagen's famous Little Mermaid statue is suing a small Danish town to demand it removes its own statue of a mermaid.

The heirs of Edvard Eriksen, who sculpted the character from the Hans Christian Anderson story that inspired the Disney classic, argue the statue in Asaa is too similar.

Asaa artist Palle Moerk denies copying the Eriksen statue, saying he had seen it but his statue was based on "my own inspiration".

Although the Copenhagen statue is bronze and the Asaa statue is granite, and they have distinct features, they have a similar posture, The New York Times reports.

Mikael Klitgaard, mayor of Asaa, reportedly said: "How else is she going to sit? She's a mermaid. You can't put her in a chair."

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Global Language Services Ltd

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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 Traineeships

Trainee Law Accountant – Hamilton Mullan Law Accountants

We are law accountants located at Stirling Business Centre close to the town centre and with good access to public transport links and car parks.

As part of our planned expansion, we are currently seeking to fill the position of Trainee Law Accountant.

The successful candidate will follow a structured development plan, including full training in judicial accounting practices and related tasks. They will also undertake work within our administrative function as part of their daily tasks. Depending upon their existing level of experience, it is envisaged that they will emerge as a fully trained law accountant within an 18 to 36-month timeframe. As part of their development, they will be required to participate in the SOLAS qualification. Subject to conditions the company will meet all fees. Your normal place of work will be in Stirling, however, there may be occasions when you will be required to travel and work in other locations. A full Job Description is available on request.

The management team will support the successful candidate in developing their skill-set, and the position offers excellent prospects for career advancement.

Preferred attributes

  • A good academic record and/or related work record/experience
  • A desire to work with numbers on a daily basis with attention to detail
  • Strong negotiation skills.
  • An ability to maintain existing and develop new client relationships.
  • Excellent written and verbal communication skills
  • Self-motivated
  • An ability to work as part of a small flexible team.
  • Proficiency in Microsoft Office (Outlook, Word, Excel).
  • UK Driving Licence.

Initial salary scale range is from £18,384 to £24,600 for a 35-hour 5-day week during training. In addition, we offer an attractive contributory pension scheme, sick pay provisions and a generous holiday entitlement.

The recruited Trainee Law Accountant will have an excellent opportunity to develop their career path within our organisation. An appropriately motivated candidate will be given preferred status for the emerging posts that we foresee within our future middle and senior management structure, offering significant opportunities for further career development and earnings expansion.

Interviews will likely take place in person between 13 and 23 September. If you would like to be considered for this role, please forward your CV and short covering email before 3pm on Thursday 2nd September 2021 to Kirsty McGhie, Head of Administration at Kirsty.mcghie@hamilton-mullan.co.uk.

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Trainee Solicitor (Justice First Fellowship) – Shelter

Edinburgh/Glasgow/Dundee/Remote
2 year Fixed Term
Accountable to: Principal Solicitor/Senior Solicitor
£21,960 (year 1) £22,426 (year 2)
37.5per week (pro-rata if part time)
30 days holiday per annum plus bank holidays

About Shelter

A home is a fundamental human need, as essential as education or healthcare. Yet millions of people across Britain struggle on a daily basis with homelessness, bad housing conditions, soaring rents, discrimination and the threat of eviction.

Above all we seek a transformation in housing policy, including investment in homes people on low incomes can actually afford – an investment that has been missing for decades and from all political parties, so that now the human cost has become intolerable.

We need ambitious, best-in-class individuals who are passionate about our cause to join us at this exciting time. This is your chance to play a part in the fundamental change we are striving to achieve. 

Why Join Shelter?  

We welcome anyone to apply who possess the qualities and behaviours outlined or who believes they have the propensity to learn them fast. You will be joining an inclusive and supportive team who welcome people from all backgrounds. What’s important isn’t your the opportunities which you have had, it’s about you and how you seize the opportunities ahead of you.

We are happy to talk about flexible working, personal growth, and to promote a workplace where you can be yourself and achieve success based only on your merit. We also offer the following benefits:

  • Flexible working hours
  • Flexible working practices
  • 30 days paid holiday plus bank holidays
  • Competitive pension scheme
  • Salary sacrifice schemes

Diversity Statement

At Shelter we are united by our purpose to defend the right to a safe home; our enemy is the social injustice at the core of the escalating housing emergency. We believe to win that fight; we must be representative of the people we are here to help and those who support our movement for change. In all our people decisions, we take pride in being inclusive, fair, equitable and transparent.

We have committed to combat racism both within and outside Shelter and welcome you on our journey to becoming a truly anti-racist organisation. 

About the team

Shelter Scotland Housing Law Service comprises 10 solicitors, lay representative and experienced legal support staff. We deliver the highest quality housing advice and litigation services throughout Scotland.

We work closely with other teams in Shelter Scotland’s services, taking referrals of complex cases to ensure that Shelter can provide an end-to-end service to its clients. In addition to supporting individual clients, we also provide digital advice and training to other solicitors and advice agencies as well as supporting the organisational priorities of policy and campaigning on social welfare law and access to justice issues.

We have a national reputation for excellence in housing law and a long history of seeking to assist the development of Scots law in the field of homelessness and issues of inadequate housing through litigation. We use the law to solve people’s problems and test the limits of the law. We want to be able to offer all Shelter clients a complete advice and advocacy service and to fill gaps in existing legal services. In the challenging current environment, offering legal solutions to enable people to access, keep and improve their homes whilst maintaining cost effectiveness requires innovation, imagination and high calibre financial and problem-solving skills. 

About the role

To provide a specialist casework service in Housing and Public law and related areas including advice and litigation work.

Role Specific Responsibilities 

Key Responsibilities

Legal Advice & Representation

  • To assist the supervising solicitor to maintain an active caseload, including litigation, which enables homeless people, those with housing problems to enforce their existing rights. This includes litigation in test and lead cases and taking cases to judicial review.
  • To carry out such casework tasks as may be assigned or delegated by the solicitor from time to time, including (but not limited to)
    • Taking instructions from and giving advice to clients
    • Taking statements from witnesses
    • Drafting letters, statements, representations and other documents
    • Liaising, instructing and negotiating with third parties, including opponents, experts and counsel
    • Attending court with counsel
    • Research
    • Other fee earning tasks as required
  • Other tasks as agreed with the supervising solicitor and managing solicitor.
  • Actively promote the legal service and identify referrals from internal and external sources.
  • Meet income, open cases, work in progress, and other targets set by the management team.
  • Keep informed and up-to-date of changes in legislation, case law and other areas.
  • Comply with the requirements of the Law Society of Scotland in ensuring that training records are kept.
  • Comply with the requirements of the Law Society of Scotland in completing the Professional Education and Training Program (PEAT).

General 

  • Ensure all work meets both external and internal Quality Standards and any funding requirements.
  • Support Shelter Scotland Housing Law Service legal team as required.

About you

You will hold an LLB in Scots Law and have completed the Diploma in Professional Legal Practice. You will have a strong commitment to social justice and a keen interest in human rights and equalities litigation. Experience of the third/voluntary advice sector is desirable bit not essential, as would be experience or knowledge of the housing law sector. While you will be given a high level of professional support and training from expert housing solicitors, you must be pro-active and confident in managing your own legal caseload, and keen to develop a skillset drafting written pleadings and defences, oral and written advocacy, along with a technical ability to interpret and utilise relevant housing law before the Courts. At the appropriate time, you will be keen to appear personally at the Sheriff Courts and Tribunals, and instruct Counsel in the higher courts wherever required. You will have strong communication skills, and an ability to explain complex legal issues to vulnerable clients in a way which can be easily understood, and an ability to empathise with a client group who are often vulnerable. 

Required behaviours

The Shelter Behaviours demonstrate the attitudes and approaches we take to our work; from how we do things, how we treat each other and expect to be treated both internally and externally. They help us to have the culture we need to deliver our ambitious strategy.

At Shelter we have 5 overall behaviours, that are each made up of 3 descriptors, these are outlined below.

We work together to achieve our shared purpose  

  • by actively collaborating and putting trust in the people we work with
  • by recognising the contribution of others
  • by carefully considering the “how” when taking on new projects and initiatives

We prioritise diversity and have an inclusive and open mindset

  • by not tolerating and actively tackling racism and any other forms of hate and discrimination
  • by creating safe spaces for people to be their authentic self, challenge each other and learn
  • by being compassionate towards the people we work with and prioritising each other’s wellbeing

We enable decision making

  • by giving people the tools, they need to make well informed decisions
  • by being accountable for the decisions we make
  • by delegating authority to those closest to the work

We create change and align behind our strategy

  • by participating in change initiatives that deliver our strategy
  • by supporting tough strategic choices
  • by saying no to work that does not serve our purpose 

We are open to risk and learning from our experiences

  • by learning from our failures and successes
  • by being reflective and giving and receiving feedback
  • by being proactive and taking initiative 

Other information 

  • All staff should adhere to Shelter's Equality Policy and will be expected to play a key role in its successful implementation.
  • This post is not exempt from the Rehabilitation of Offenders Act.

Please note

This job description cannot cover every issue or task that may arise within the post at various times and the post-holder will be expected to carry out other duties from time to time which are broadly consistent with those in this document. This job description does not form part of the contract of employment.

TO APPLY FOR THIS POSITION PLEASE CHECK THE LEGAL EDUCATION FOUNDATION RECRUITMENT PORTAL

https://www.thelegaleducationfoundation.org/articles/applications-for-19-justice-first-fellowships-are-now-open

https://jff.thelegaleducationfoundation.org/host/shelter-scotland/

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Latest Jobs

Solicitor – Scottish Environment Protection Agency

Solicitor (up to 30 June 2022 Fixed Term)

Location: Flexible

Salary: The salary band for this post is Band D, £36,914 to £41,561, starting salary will be on the base of the salary scale, £36,914.

About SEPA

At SEPA we work to protect and enhance Scotland’s environment by helping communities and business prosper within the constraints of one planet. We call this One Planet Prosperity. This is an ambitious strategy and we will need talented people to help us achieve it. This is why we are recruiting a Solicitor on a fixed term contract to join our Compliance and Beyond Legal Team.

We are looking for a lawyer with strong legal skills. Environmental law experience, whilst desirable, is not essential. We are keen to hear from lawyers with transferable skills and experience, whether gained in-house or in private practice, who are interested in developing or furthering their experience in environmental law.

Purpose of this role

To provide legal advice on environmental, criminal and administrative law to enable SEPA to take informed decisions arising from the performance of our regulatory function, particularly in relation to enforcement activities. This will involve working with colleagues from a variety of functions –regulators, scientists, technical specialists. To provide bespoke legal advice and solutions tailored to each individual issue/situation and specific facts/circumstances as a qualified solicitor.

Main activities

  • Providing professional legal support to SEPA’s Compliance & Beyond and the Circular Economy portfolios.
  • Providing legal advice and direction to officers on legal options and solutions in relation to enforcement activities.
  • Providing legal advice to officers in relation to the completion and submission of reports to Crown Office & Procurator Fiscal Service (COPFS) recommending criminal prosecutions
  • Providing legal advice to officers on permits.
  • Supporting Legal Senior Managers to defend appeals against regulatory decisions.

You can find out more about this role by viewing the job description and visiting our micro site: Solicitor | Scottish Environment Protection Agency (SEPA)

If that sounds like you, we would love to receive your application.

The closing date for this vacancy is: 30 August 2021 at midnight.

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Family Solicitor – Nelsons Solicitors Falkirk

Family Solicitor sought for busy and established Falkirk practice.

We are looking to recruit an industrious, well-motivated solicitor with experience in family law. The role will involve a wide variety of interesting work incorporating all aspects of family and children’s law.

You will be part of a supportive and welcoming team with early prospects for development in the role.

The practice is a mix of privately funded and legally aided work so while some knowledge of the legal aid system would be beneficial, it is not essential.

Ideally, this role would suit a solicitor in the PQE 2-5 year range although solicitors with all relevant experience out with this band will be considered.

Salary commensurate with experience. Applications for flexible working will be considered.

Applications with CV and reference by 24th September 2021 to
Nelsons Solicitors Falkirk Limited
326 Main Street,
Camelon, Falkirk FK1 4EG
DX: FA61, Falkirk
01324 613316
mail@nelsonslawyers.co.uk

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Legal Commercial Adviser – Heineken

"Looking for a legal role with lots of variety and great colleagues? We have a fantastic opportunity for a junior commercial/compliance lawyer to join the HEINEKEN UK legal team" — Lynsey Nicoll, hiring manager and Director of Legal Affairs

Click here to find out more

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Chair and Board Members – Albyn Housing Association

Closing Date

Noon on Tuesday 31st August

Salary & Employment Details

Chair and Board Members (non-remunerated)

Location – flexible with virtual attendance at meetings possible

Job Description

Exciting opportunities have arisen to join the Albyn Housing Society Board of Directors as our Chair, and as general Board Members.

As the largest Registered Social Landlord in the Highlands, the Society has been committed to delivering excellence in the provision of housing and housing services across the region for nearly 50 years.

The Board is currently looking for new members to help the Society reach its ambitious targets in the coming years, through providing strategic guidance and support to the organisation.

This is an exciting time to be a member of the Board at Albyn as the organisation progresses its business transformation programme which underpins the mission of the Society to provide affordable, high quality homes to people who need them. 

Having assessed our needs, we are specifically seeking applicants who have experience of working within a Registered Social Landlord, and who have previous Board or governance experience.

If you are keen to be member of Board with aspirations to do well for the communities in the Highlands, we would be delighted to hear from you.

Notes

For an informal chat about the organisation, please contact kirsty.morrison@albynhousing.org.uk

To apply, please contact laura.morgan@albynhousing.org.uk for an application pack.

Closing date for applications is noon on Tuesday 31st August 2021.

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Civil Solicitor – Moir and Sweeney Litigation

Civil solicitor sought for a friendly, busy and established Glasgow practice.

PQE – 2 – 5 years although solicitors with relevant experience out with this band will be considered.

Experience in civil litigation is essential. The role will involve a wide variety of interesting work incorporating most aspects of civil practice over a range of matters including family and childrens work. The successful candidate will need to have a driving licence as we regularly attend childrens hearings and court cases across Scotland.

Experience in any/all of the following areas is also desirable:

  • Powers of attorney and guardianship;
  • Wills;
  • Employment law

You will be part of a supportive and welcoming team with good prospects for development in the role.

Salary commensurate with experience. Applications for flexible working will be considered.

Criminal solicitor sought for multi-award-winning criminal team.

PQE – 2 -5 years with experience of solemn matters desirable. Other candidates will be considered but this is a qualified post and assignation of traineeship is unlikely to be considered.

Moir and Sweeney Litigation are the reigning Criminal Defence Firm of the Year and are Finalists again this year. We are regularly instructed in courts across the whole of Scotland and are increasingly instructed in Health & Safety cases and Public Inquiries. The successful candidate will be able to operate with little supervision, but support is always available from the team. A driving licence and access to a car are essential.

Salary commensurate with experience. All enquiries will be treated confidentially including from solicitors who have their own client following.

Apply to paul@moirandsweeney.com

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Criminal Solicitor – Anthony Mahon Solicitors

Anthony Mahon Solicitors is looking for an experienced criminal lawyer to be based in its Duke Street office in Glasgow on an interim basis.

Job Description

This busy Court Practice is looking for an experienced criminal lawyer to be based in our Duke Street office on an interim basis with a view to a permanent position being offered.  The role will initially last for 6 months.  The essential part of the role is to provide high quality criminal legal defence services in the summary and solemn courts throughout mainly the Central belt of Scotland; and at police stations – both as a nominated solicitor and duty solicitor.

Your main duties will be:

  • Provide advice and representation to clients who are subject to criminal investigations or criminal proceedings.
  • Apply/adhere to practices, procedures and Codes of Practice to ensure the maximum efficiency and effectiveness
  • Maintain and Build on our current client base.
  • Represent the organisation in its relationship with outside bodies as required.

Ideally you will have:

  • A sound technical ability as a criminal court practitioner
  • An in-depth working knowledge of the criminal justice system and legal aid.
  • A minimum of 1 full years’ experience of advising and assisting suspects in police detention.
  • A current, valid driving licence.

Salary is negotiable.

Please send CVs to F.A.O Anthony Mahon, c/o info@amlawyer.co.uk or call 07976920731 for any initial queries

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Paralegal – Digby Brown Solicitors

Full-time, Permanent

Edinburgh (Currently home working role due to Covid-19)

Digby Brown has been one of the success stories of the Scottish legal sector in the past decade – we now operate in seven regional areas across Scotland, having tripled in size in the last nine years.

We are the only firm top ranked by Chambers and Legal 500 for personal injury work, which has been the case now for 15 years running. The Firm has also been voted Scottish Law Firm of the Year in three out of the last six years.

We have developed a reputation as a formidable court firm, focused on quality service for our clients and expertise in our people. We work in a distinctive way – what we do works and makes a difference in people’s lives.

Digby Brown is committed to being an employer of choice, which is evidenced by our competitive salary and benefits package, as well as the opportunities we provide for further development – a total of 14 of our 25 Partners joined us as NQs or Trainees.

To support the quality of service we provide to our clients, and our people’s personal development, we have innovated together and built a brand new, cutting edge, digital client case management system. We have focused on providing modern digital solutions and unique case workflow to our employees and we will continue to adapt this technology in line with our firm values.

In addition, the events of the past year surrounding the Coronavirus pandemic have enabled us to implement a more flexible working approach moving forward, which we are calling Hybrid Working. This will enable our people to split their working time between their homes and the office, on a pre-agreed number of days per week, in line with the needs of their department.

Due to ongoing growth within the business, an opportunity has arisen for a client-focused individual to join our team in the Edinburgh office.

Ideally, you will be a paralegal, with some experience in civil litigation. Alternatively, you may have had commercial training/experience and be seeking an opportunity to move to an area of law where you can make a difference to clients and know that you are doing work that really matters.

The successful candidate will have a keen eye for detail, the ability to act on their own initiative and a strong desire to assist others, displaying an empathetic and proactive approach in dealing with clients.

This is a rare and exciting opportunity to work in a supportive and stimulating environment, providing a high quality legal service to pursuers of personal injury claims nationwide.

If you would like to apply for this post, please send your CV and covering letter to David Hendrie, by e-mail at recruit@digbybrown.co.uk by Wednesday 1 September 2021.

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2 x Solicitors – Fixed Term Contracts up to 24 months – Dumfries and Galloway Council

Dumfries

£39,285 - £42,345 per year

Exciting and unique opportunity to join Dumfries and Galloway Council’s Legal Services Team.

We are looking to recruit two temporary Solicitors for a period of up to 24 months, to work primarily on our Finance, Procurement and Transformation Review Project, including both Procurement and Governance/Assurance aspects of contracting activity by the Council. You will provide specialist legal advice and input on all areas of Contracts and Procurement law and drafting, assisting with the new contract register, contract template development and contract management input. We would be pleased to hear from anyone with strong technical skills, enthusiasm, and experience in these areas.

The posts will work alongside the in-house Legal Services Team, Procurement professionals and any appointed external Legal firms under the supervision of the Legal and Licensing Manager.

For the purposes of these posts, and the nature of the project, fulltime working entirely remotely with very limited occasional travel to Dumfries is envisaged.

For an information discussion about the role, contact Robin Fletcher, Legal & Licensing Manager on 07931 436422 or Robin.fletcher@dumgal.gov.uk.

For further information and to apply, please visit:

https://www.myjobscotland.gov.uk/councils/dumfries-galloway-council/jobs/solicitor-230049

Closing Date: 9 September 2021

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Solicitors – John Jackson & Dick

John Jackson & Dick is a long established, forward thinking practice. We have interesting and exciting opportunities for Solicitors in both our Hamilton and Strathaven offices. You may already work within a high street firm or perhaps you work in a large city firm and are seeking a better work/life balance.

The roles would suit applicants with a strong background in residential and/or commercial property, or in commercial or private client law. Training and support is available. You should have a minimum of 2 years’ post qualifying experience in relevant areas of law, have excellent interpersonal skills and the desire and ambition to drive the business forward and want career progression.

Depending on experience, key responsibilities may include:

  • Advising clients on all matters relating to the purchase, sale, remortgaging and transfer of residential and/or commercial property;
  • Negotiating missives;
  • Attending to registration of title and voluntary registrations;
  • Negotiating commercial leases both for landlords and tenants;
  • Able to advise on all aspects of commercial and/or agricultural conveyancing;
  • Negotiating Share and Asset purchase and sale agreements;
  • Shareholder & Partnership Agreements, Service Agreements
  • Commercial fixed and floating securities;
  • Wills, Trusts, POA’s & Guardianships, Executries and Inheritance Tax;
  • Being able to manage a busy caseload and prioritise work.

A clean driving licence would also be useful.

The roles on offer are flexible with genuine career prospects for the right candidates. Although full time is preferred, we may consider part time. Salary is commensurate with experience.

To apply, please forward your CV, along with a covering letter to pmilligan@jacksondicklaw.com or by post to 48-50 Cadzow Street, Hamilton ML3 6DT.

Tel: 01698 281747

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Criminal Defence Solicitor – Keith J. Tuck Solicitors

Keith J. Tuck Solicitors, Glasgow are looking to recruit a Solicitor to join our busy high profile criminal defence team in 2021.

We have an extremely busy case load with multiple high profile High Court Trials together with a daily case load at Sheriff Court level. Our offices are based in Glasgow although our work takes us around Scotland.

The position would be suitable for a Solicitor between NQ and 5 years PQE although we would consider applications from practitioners at any level who fit the profile. Some experience of criminal court work would be necessary and a commitment to work hard will be rewarded. An ability to manage their own case load and to assist in the preparation of cases will be required.

The successful applicant will also require to have their own vehicle and a full driving licence.

To apply please email a CV in the strictest confidence to keith@keithjtucksolicitors.co.uk or ktuck@btconnect.com or to discuss the matter further please feel free to contact our Mr Tuck on 07786432856 or at our offices on 0141-336-2020.

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Private Client Solicitor: 1-3 PQE – Friends Legal

Offices in Glasgow and Edinburgh though geography not dependent as fully flexible with 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. 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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Personal Injury Paralegal – Jackson Boyd

Glasgow City Centre – initially remote working before moving to a blend of office and remote working

Full time (35 hours), Permanent

Salary: Competitive

Reports to: Partner

Description of Role:

Jackson Boyd’s Personal Injury Team is ranked as a leading firm by both Legal 500 and Chambers and Partners.

Due to growth in our Employers and Public Liability team we are currently looking for a Personal Injury Paralegal to join us.

The successful candidate will be responsible for their own caseload of Personal Injury cases. The cases will largely arise from Employers and Public Liability.

We require an ambitious and motivated paralegal who can work autonomously while providing a first class service to our clients.

About Us: 

Jackson Boyd are a leading litigation firm in the areas of Personal Injury, Medical Negligence, Dispute Resolution and Employment Law.

We aim to provide a positive and supportive working environment for our team. We have been awarded a Gold Accreditation by Investors in People and also hold the Investors in Young People Good Practice Award.

We are based in modern office accommodation in the centre of Glasgow. We provide regular internal training for our staff, flexible and remote working opportunities and operate a “dress for your day” policy.

We offer our clients the highest level of expertise offered in a caring and compassionate way. From almost 1000 reviews of our service on Trustpilot 98% of our clients rate us as “Excellent” or “Great”.

Key Responsibilities: 

  • Managing a Personal Injury caseload
  • Taking Precognitions
  • Conducting pre litigation investigation
  • Communicating with Third Party Insurers
  • Negotiating Settlements.
  • Complying with our clients’ Service Level Standards.

Skills and Experience Required: 

  • Experience of working within a personal injury team in a legal firm or an insurance company
  • Excellent client communication skills.
  • Strong time management skills.
  • Commercial awareness and applying it to each case.
  • Ability to work autonomously.

Application Process

To apply for this role, please visit our careers section at http://www.jacksonboyd.co.uk/about-us/work-for-us/ or send an up to date CV along with a covering letter and salary expectations to jobs@jacksonboyd.co.uk.

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Associate - Corporate (1 - 3 PQE) – Carey Olsen

Location: Jersey

Service Area: Corporate

Carey Olsen is a leading offshore law firm with a client base that includes global financial institutions, investment funds, private equity houses, multinational corporations, public organisations, sovereign wealth funds and high net worth individuals.

We are looking to recruit a junior to mid-level lawyer with a mergers and acquisitions and mainstream corporate advisory background to join the Corporate practice group in our Jersey office.

Our corporate practice – the largest in the Channel Islands – is a cornerstone of our legal services offering. The award-winning corporate team is renowned for its excellence and commitment to delivering high-quality and expert service to our clients.  The three partners in the mergers and acquisitions and mainstream corporate advisory team are ranked in the relevant legal directories and the team has a broad mix of experience and background.  Becoming part of the team would offer you the opportunity to advise on some of the most cutting-edge work taking place in the offshore market from within a flexible and supportive team environment.

Applicants will have a minimum of 1 years' post qualification experience from a top tier corporate or commercial firm. If you have an excellent academic background and you feel that you have the right blend of experience and ambition then please send your CV to recruitment@careyolsen.com

To find out more please follow the link to our website: https://www.careyolsen.com/careers/vacancies/associate-corporate-1-3-pqe

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Legal Advisers’ Pool – Institute and Faculty of Actuaries

The Institute and Faculty of Actuaries (IFoA) wishes to add to the number of experienced lawyers in their existing Legal Advisers’ Pool, undertaking the role of independent Legal Adviser to the various judicial committees which sit to consider allegations of Misconduct. The role holder is appointed on an independent contractual basis.

Appointments to the Legal Advisers’ pool are reviewed periodically by the Regulatory Appointments Committee.  Initial appointment will be reviewed after an initial 5 year period, subject to usual contractual performance monitoring. Further information can be found here: https://www.actuaries.org.uk/about-us/working-ifoa/legal-advisers

If you are interested in applying for the above position please send your CV (maximum of two pages) and a covering letter (maximum 500 words) that addresses how you meet the requirements of the role to Julia Wanless at clerk@actuaries.org.uk by 15 September 2021.

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Corporate Solicitor / Associate – Bellwether Green

With a strong reputation in M&A, private equity, restructuring and reorganisations, Bellwether Green’s corporate team is growing. We’d like to hear from lawyers who are looking for a committed role that will be integral to further growth of the team and our wider business.

Working for our busy and exacting team provides significant exposure to noteworthy clients on complex and high value transactions. Commercial awareness and attention to detail are going to be essential. We are highly service focused and like to make our advice as concise and relatable as possible for clients.

Candidates should be able to demonstrate relevant experience and that they can project manage autonomously to tight deadlines.

The firm offers proven career progression and actively encourages development of management and work winning skills.

The team’s clients told Legal 500:

‘The team are excellent they work together to deliver an excellent client service with exceptional expertise.’

‘They are very service-focused and have the ability to describe technical language in ways which clients understand’.

'Bellwether Green demonstrate huge amount of experience within all aspects of work undertaken for us and give us great confidence with their succinct and thorough reviews’.

‘In comparison to some other firms we find them to be more responsive and straightforward to communicate with’.

Please email us if you would like to discuss this opportunity further: careers@bellwethergreen.com

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Paralegal – Property - Registration and Digitisation of Land team – Scottish Water

Paralegal – Property - Registration and Digitisation of Land team

Hybrid Working/ Office based – Castle House, Dunfermline

Fixed Term Contract to end of March 2025

Scottish Water has opportunities for experienced paralegals to join our Registration and Digitisation of Land team.

About the Role

The Registration and Digitisation of Land team has been created to meet requirements under the Land Registration (Scotland) Act 2012 and is in the process of registering title to Scottish Water’s assets which are recorded on the Sasine Register. The team is using this as an opportunity to digitise Scottish Water assets to help Scottish Water achieve its strategic ambitions.

You will be a key member of the Registration and Digitisation of Land team by giving sound legal advice and proactively driving forward land registrations to an efficient and high quality standard.  

You will:

  • Work collaboratively with surveyors, stakeholders and external solicitors to assist with the completion of a high number of land registration applications.
  • Liaise with relevant parties to enable the completion of an accurate registration in the Land Register.
  • Play an active role in process improvement and participate in knowledge sharing both within the legal team and the rest of Scottish Water.
  • Provide sound legal advice to stakeholders clearly and concisely, and without jargon.
  • Proactively manage risk and identify workable solutions whilst securing Scottish Water’s commercial and reputational interests, and help to achieve its strategic ambitions.
  • Maintain up-to-date knowledge of relevant legislation, case law and practice and attend and contribute to training sessions within the wider property team
  • Help keep our project on track with accurate progress reporting.
  • Work efficiently in a team and on your own
  • Instruct where appropriate and liaise with external solicitors working on behalf of Scottish Water to ensure quality and value for money.

About You

  • You must be a paralegal with experience working with sasine deeds and land registrations.
  • You will have experience with independently progressing commercial property and/or rural & agricultural property transactions.
  • You will be enthusiastic, personable and will relish the challenges of enabling efficient project delivery in a dynamic working environment.

The closing date for applications is the 29th August 2021

Next Steps

For more information about the role and to apply, please follow this link:

https://scottishwater.wd3.myworkdayjobs.com/en-US/External_Careers/job/Scotland-Wide-Geog/Paralegal_R1406

Do you have any Assistive Support Requirements? If we can support you further at any point during your application to Scottish Water, then please let us know by emailingSWRecruitment@scottishwater.co.uk

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Legal Counsel – Property - Registration and Digitisation of Land team – Scottish Water

Legal Counsel – Property - Registration and Digitisation of Land team

Hybrid Working/ Office based – Castle House, Dunfermline

Fixed Term Contract to end of March 2025

Scottish Water has opportunities for experienced, Scottish qualified property solicitors to join their Registration and Digitisation of Land team.

About the Role

The Registration and Digitisation of Land team has been created to meet requirements under the Land Registration (Scotland) Act 2012 and is in the process of registering title to Scottish Water’s assets which are recorded on the Sasine Register. The team is using this as an opportunity to digitise Scottish Water assets to help Scottish Water achieve its strategic ambitions.

You will be a key member of the Registration and Digitisation of Land team by giving sound legal advice and proactively driving forward land registrations to an efficient and high quality standard.  

You will:

  • Work collaboratively with surveyors, stakeholders and external solicitors to assist with the completion of a high number of land registration applications.
  • Liaise with relevant parties to enable the completion of an accurate registration in the Land Register.
  • Play an active role in process improvement and participate in knowledge sharing both within the legal team and the rest of Scottish Water.
  • Provide sound legal advice to stakeholders clearly and concisely, and without jargon.
  • Proactively manage risk and identify workable solutions whilst securing Scottish Water’s commercial and reputational interests, and help to achieve its strategic ambitions.
  • Maintain up-to-date knowledge of relevant legislation, case law and practice and attend and contribute to training sessions within the wider property team
  • Help keep our project on track with accurate progress reporting.
  • Work efficiently in a team and on your own
  • Instruct where appropriate and liaise with external solicitors working on behalf of Scottish Water to ensure quality and value for money.

About You

  • You must be a solicitor qualified to practice in Scotland and hold a current unrestricted practicing certificate from the Law Society of Scotland.
  • You will have at least 3 years PQE in independently progressing commercial property and/or rural & agricultural property transactions.
  • You will be enthusiastic, personable and will relish the challenges of enabling efficient project delivery in a dynamic working environment.

The closing date for applications is 29 August 2021

Next Steps

For more information and to apply for this role, please follow this link:

https://scottishwater.wd3.myworkdayjobs.com/en-US/External_Careers/job/Scotland-Wide-Geog/Legal-Counsel---Commercial-Property-and-or-Rural-Property_R1395

Do you have any Assistive Support Requirements? If we can support you further at any point during your application to Scottish Water, then please let us know by emailingSWRecruitment@scottishwater.co.uk

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Legal Counsel – Property - Capital Investment Programme Legal Team – Scottish Water

Legal Counsel – Property - Capital Investment Programme Legal Team

Hybrid Working/Office based – Castle House, Dunfermline

Fixed Term Contract – 2 years

We have an exciting new opportunity for an experienced, Scottish qualified property Solicitor to join the property team within Scottish Water’s in-house legal team.  This post is being advertised as a fixed term appointment for a period of 2 years.

About the Role

You will be a key player in our team to support the successful delivery of Scottish Water’s Capital Investment Programme by giving sound legal advice and proactively driving forward a high volume of property land transactions.  The Programme is fast moving, challenging and priorities can shift quickly, and so we need someone who can work calmly and efficiently under pressure. 

You will:

  • Work collaboratively with surveyors, stakeholders and external solicitors to secure land to deliver Scottish Water’s projects.
  • Work efficiently on your own but also be good team player.
  • Carry out all parts of conveyancing process (including acquisitions, leases and servitudes) with minimum supervision, but with the awareness to seek assistance when required.
  • Provide sound legal advice clearly and concisely, and without jargon.
  • Proactively manage risk and identify workable solutions whilst securing Scottish Water’s commercial and reputational interests, and help to achieve its strategic ambitions.
  • Help keep our projects on track with accurate progress reporting.
  • Instruct where appropriate to and liaise with external Scottish Water’s framework solicitors to ensure quality and value for money.
  • Maintain up-to-date knowledge of relevant legislation, case law and practice.
  • Play an active role in process improvement and participate in knowledge sharing and training sessions for the legal team and the rest of Scottish Water.

About You

  • You must be a solicitor qualified to practice in Scotland and hold a current unrestricted practicing certificate from the Law Society of Scotland.
  • You will have at least 3 years PQE in independently progressing commercial property and/or rural & agricultural property transactions
  • You will be enthusiastic, personable and will relish the challenges of enabling efficient project delivery in a dynamic working environment. 

The closing date for applications is 29 August 2021

Next Steps

For more information and to apply for this role, please follow this link:

https://scottishwater.wd3.myworkdayjobs.com/en-US/External_Careers/job/Scotland-Wide-Geog/Legal-Counsel_R1334

Do you have any Assistive Support Requirements? If we can support you further at any point during your application to Scottish Water, then please let us know by emailingSWRecruitment@scottishwater.co.uk

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Associate, Commercial Litigation – Morton Fraser

Associate, Commercial Litigation

Litigation

Edinburgh

Permanent, Full Time 

To provide commercial legal advice to corporate and private clients on a range of commercial litigation matters and deliver an excellent client service. 

Key Tasks

  • Manage your workload competently, professionally, efficiently and cost effectively with minimum supervision to achieve client and firm objectives.
  • Advise clients on whether they have a valid case and provide risk/benefit analysis of settlement or progressing with the dispute.
  • Gather evidence and witnesses to support the client’s position; develop case strategies.
  • Issue court proceedings or embark on a process of alternative dispute resolution.
  • Represent clients at hearings and case management conferences.
  • Instruct counsel speedily and accurately, attending briefing meetings.
  • Representing clients in sheriff court, proofs and debates.
  • Draft pleadings efficiently and accurately.
  • Research and advise on various areas of dispute including insolvency, construction, property, company/commercial matters.
  • Be pro-active in the financial control of all your own and team matters, including accurate time recording and prompt feeing.
  • Contribute constructively to the work of other team members in the Litigation division and contribute to delivering technical training within the division.
  • Keep up to date with case law and legislative changes with relevant law.
  • Proactively support the Division's business development and marketing initiatives.

Qualifications and Experience 

  • 4 years plus PQE

Person Specification

  • You have excellent communication skills, you are articulate, you communicate clearly, concisely and without any jargon.
  • You enjoy working within a team and autonomously on your own initiative.
  • You are personable and good at building and developing client relationships.
  • You are confident and you have a strong belief in yourself and your own ability.
  • You are committed to providing a good client experience and willing to put in extra time and effort when required

Application Process

Applicants should visit our website (https://www.morton-fraser.com/associate-commercial-litigation) to complete an application and return it to ailsa.cameron@morton-fraser.com

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Professional Support Lawyer, Litigation – Morton Fraser

Edinburgh or Glasgow          

Permanent, Full Time or Part Time 4 days a week

This role will be based in either our Edinburgh or Glasgow office for administrative purposes. We operate our business on an agile basis reflecting the needs of our clients and our people to deliver outstanding client service. We will agree a suitable office/homeworking arrangement with all candidates.

Summary of Role

To support the Litigation division with legal research, knowledge management and facilitation and delivery of relevant training.

Key Tasks

  • Monitor legal developments and ensure all Litigation fee earners receive appropriate technical and legal market knowledge by means of internal training sessions, circulation of appropriate articles and regular email updates.
  • Carry out legal research on cases and legislation and support other fee earners with their research.
  • Manage and update the litigation style documents creating and updating templates on the case manager system as required.
  • Liaise with fee earners on an ongoing basis in relation to continuous improvement of documentation and the collection of information.
  • Manage the divisional training budget and organise sessions with external speakers as appropriate.
  • Manage contracts for external knowledge resources and databases.
  • Support in the preparation of tender and marketing materials, drafting e-bulletins, researching content for client seminars etc.
  • Ensure centrally held litigation information is up-to-date and accurate.
  • Ensure the presentation and quality of finished products, for both internal and external use, reflect the Firm's key message about outstanding quality.
  • Assist with trainee recruitment resources and organise and deliver the Litigation PEAT2 training for trainee solicitors, working with the HR Director within the framework of our Licence, and contributing to the Firm's induction sessions.
  • Assist with organisation and delivery of the Division's external webinar and seminar programme.

Qualifications and Experience 

  • 2+ years PQE experience in litigation
  • Previous experience of working in a case management system.
  • Ability to write style documents.
  • Strong presentation/training skills.

Person Specification

  • You have excellent communication skills, you are articulate, you communicate clearly, concisely and without any jargon.
  • You enjoy working within a team and autonomously on your own initiative.
  • You are personable and good at building and developing client relationships.
  • You are confident and you have a strong belief in yourself and your own ability.
  • You are committed to providing a good client experience and willing to put in extra time and effort when required.

Application Process

Applicants should visit our website (https://www.morton-fraser.com/professional-support-lawyer) to complete an application and return it to ailsa.cameron@morton-fraser.com

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Residential conveyancing solicitor (2+PQE) – Gibson Kerr

Gibson Kerr is looking for a residential conveyancing solicitor with a minimum of 2 years PQE.

Location: Edinburgh (but flexible working available)

Hours: 37.5 per week

Salary: Excellent salary for the right person

Annual leave entitlement: 30 days (incl public holidays)

Gibson Kerr is a long-established, central Edinburgh, legal practice with an established client base, specialising in family law, personal law, residential conveyancing and estate agency.

The business is a three-partner firm, with eight other qualified solicitors. We operate from two offices in Edinburgh’s New Town, but also offer flexible/agile working, so working from home is available. We are a small team of specialists in our individual areas and our emphasis is on providing a quality, personal service to our clients.

The firm is looking for a solicitor with a minimum of 2 years post qualifying experience who specialises in residential conveyancing to join a small team to work in our residential estate agency and conveyancing department.

This is an excellent opportunity for the right candidate to develop their career within a supportive environment. The successful candidate will have their own caseload and be required to help develop an already expanding department. They will report to head of property, Beverley Cottrell.

The person will have a good working knowledge of the relevant law and experience in a client-facing role and have good communication skills. They will be enthusiastic, bright and cheerful – someone who will have a good rapport with clients, colleagues and other solicitors.
They will be hardworking and confident. An ability to deliver sound advice to clients in a confident and professional manner is essential. A willingness to promote the services of the business when suitable opportunities arise is important.

To apply you should send your CV and contact details to Morag Hunter at Gibson Kerr at morag.hunter@gibsonkerr.co.uk or telephone on 0131 226 9164 for more information.

Closing date for applications: 31 st August 2021

Interviews are expected to take place: early – mid September 2021

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Events

Personal Injury Conference | Law Society of Scotland | Online Sponsored post

Mornings of 8 & 9 Sept
6 hours verifiable CPD

Join us for comprehensive updates on personal injury law and practice. Designed for both pursuers and defenders, the programme will reflect on the impact of Covid-19 on PI litigation and the practical issues that are expected to emerge in relation to Covid litigation. We will also update you on the latest decisions and awards; provide you with expert guidance on cost and funding; and on the practical operation of Chapter 42A of the Rules of the Court of Session one year after its introduction.

Our confirmed speakers lineup includes:

  • Darren Deery, Partner, Drummond Miller             
  • Bryan Heaney, Advocate, Westerwater Advocates           
  • Kate Bennett, Advocate, Compass Chambers      
  • Laura McMillan, Partner & Director of Advocacy, Brodies LLP       
  • Trish McFadden, Partner, Digby Brown LLP          
  • Clare Macpherson, Partner, Thorntons Law LLP  
  • Michael Stewart, Head of Litigation, Central Legal Office
  • Pete Murrin, Partner, Turcan Connell     
  • Stuart Barton, Partner, Digby Brown       
  • Andrew Young QC, Arnot Manderson Advocates
  • Mark Gibson, Partner, Digby Brown
  • Kim Leslie, Partner, Digby Brown

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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