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Scottish Legal News: Monday 29th September 2014

Preparations under way for Scottish Legal News Annual Review 2015

Latest News
Scottish health board loses appeal in baby birth injuries negligence case
Abolition of automatic early release would cost up to £6m a year study finds
Business magnate appeals to Supreme Court over proposals for incinerator
Lawyers call on authorities to ensure safety of Scot in Pakistani jail
HMRC seizure limit increases from £3,000 to £17,000
Treasury ordered to pay whistleblower £142,000 after ignoring tribunal ruling
Plans to introduce legislation covering bovine tuberculosis in non-bovine species
BLM to merge with Campbell Fitzpatrick Solicitors
Anderson Strathern Asset Managment appoints Eamonn Mirner
MMS represents Skyscanner in successful competition ruling
Faculty of Advocates to host MiniTrials for twelfth year this weekend
And finally... it’s the story of my life

Latest Jobs
Solicitors – BLM
Property / Renewables Solicitor – Dale Solicitors LLP
In House Legal Adviser (Paisley Campus) – University of the West of Scotland
Property Solicitor (3+ Years PQE) – Lindsays
Finance and Projects Solicitor – DLA Piper
Energy Solicitors (Senior Assistant or Associate level) – Harper Macleod LLP
Corporate Solicitor/Associate (2 yrs + PQE) – Harper Macleod LLP
Solicitor, Asset Protection, Private Client Division – Morton Fraser
Edinburgh Vacancies – Shepherd and Wedderburn
Family Solicitor Associate – Kilcoyne & Co
Planning and Environmental Solicitor – Wright Johnston & Mackenzie
Legal Business Process Analyst – Brodies
Real Estate Solicitor (NQ-2 Year PQE) – Brodies
Land & Rural Business Senior Solicitor or Associate Solicitor – Brodies
Solicitor (0 - 2 years PQE), Corporate & Commercial Department – Brodies
Employment Solicitor (0 - 4 years PQE) – Brodies
Qualified Assistant (3-5 Years Qualified) – Dallas McMillan
 


 





 

Preparations under way for Scottish Legal News Annual Review 2015

Following on from the success of this year's Scottish Legal News Annual Review, preparations are now well under way for the 2015 edition.
 
We intend to expand next year's edition both in terms of pagination and print run. Circulation will be extended within and beyond the profession. It is also intended to make more use of colour.
 
We had a fantastic response to this year's review and would once again thank the many lawyers and firms who made it such a success.
 
If you would like to suggest an article, please email SLN editor Graham Ogilvy on grahamogilvy@hotmail.com.
 
Similarly if you would like to receive your free copies or change the number your firm receives, please email Graham at grahamogilvy@hotmail.com

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Latest News 

Scottish health board loses appeal in baby birth injuries negligence case

A health board which challenged a judge’s ruling that there was a “causal connection” between the severe brain injury suffered by a baby during birth and a “breach of duty” by midwives has failed in an appeal.
 
Helen Coyle sued Lanarkshire Health Board over the injuries sustained by her son Ryan, who has severe quadriplegic cerebral palsy resulting from chronic partial asphyxia which occurred during the labour when he was born at Bellshill Maternity Hospital in August 1993.
 
The Lord Ordinary, Lord Tyre decided the issues of liability and causation in favour of the pursuer, but the health board challenged the finding that there was a causal connection between the injuries suffered by the child when he was born and the breach of duty by the midwives, who failed to call for urgent medical assistance for the pursuer during labour. 
 
The question to be decided by the Inner House of the Court of Session was whether the Lord Ordinary was “plainly wrong” in concluding, on the balance of probability, that if the obstetrician had been summoned by the midwives at the time of 22:55 on 18 August 1993 the child would have been delivered by 23:15. 
 
It was agreed that if Ryan had been born before 23:15 he would not have suffered the injury.
 
Lady Clark of Calton, Lord Eassie and Lord Wheatley heard that the pursuer, in her capacity as welfare and financial guardian of Ryan, raised an action for damages against the defenders and reclaimers for loss, injury and damage suffered by her son on the basis of alleged fault and negligence on the part of the obstetrician Dr David Anderson and midwives employed by the reclaimers.
 
In evidence, Dr Anderson said that if he had been called to the delivery room by midwives at or shortly before 23:00 he would have moved to expedite the birth and considered it would have been suitable for forceps delivery.
 
In his judgement, the Lord Ordinary referred to a midwife's note recording a deceleration in heart beats on the cardiotocograph (CTG) trace, timed at 22:55.

Lord Tyre said taken together with evidence from midwifery experts, he held that was the time when a midwife exercising “reasonable skill and care” would have called for medical assistance.
 
However, counsel for the reclaimers submitted that the Lord Ordinary had “misinterpreted and misunderstood” the evidence and failed to appreciate that there was a distinction drawn between an emergency delivery and an urgent delivery.  
 
There was “clear and uncontradicted” evidence from Dr Anderson that on arrival, he would not have proceeded immediately to expedite delivery but would have spent about five minutes in assessing the CTG trace, obtaining information, examining the respondent and coming to a decision, which “clearly pointed to a delivery sometime after 23:15”.
 
On the evidence, a 10-minute period from arrival to delivery time was possible in the present case but that mere possibility “did not entitle the Lord Ordinary to conclude that on the balance of probability, Dr Anderson would have delivered Ryan before 23:15,” it was argued.
 
For the respondent, counsel invited the court to refuse the reclaiming motion as “ill founded”. She submitted that the respondents were “not entitled to reargue the case” to persuade the court to give different weight or different interpretation to the evidence.
 
The appeal judges refused the reclaiming motion as they were “not persuaded” that the Lord Ordinary had misunderstood the evidence. 
 
They were unable to read Dr Anderson’s evidence in the way put forward by the reclaimers to the effect that the estimate of time from arrival to delivery of 10 minutes had a “qualification” which referred back to Dr Anderson’s evidence about a five minute period for assessment.  
 
Delivering the opinion of the court, Lady Clark (pictured) said: “There is some potential confusion in the evidence as some of the estimates are based on timings of arrival to delivery and some estimates are based on timings of decision to delivery. We consider that the Lord Ordinary was entitled to analyse the evidence on the basis of timings from arrival in labour room to delivery taking the matter broadly. 
 
“He was not obliged to analyse each individual step including the decision‑making, assessment, examination, anaesthesia, forceps preparation etcetera and then add up all the timings to come to a conclusion. We are thus unpersuaded that the Lord Ordinary misunderstood the evidence or had no evidential basis in Dr Anderson’s evidence for his conclusion that, on a balance of probabilities the baby would have been delivered before 2315 had the midwives sought the attendance of Dr Anderson at 2255.”

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Abolition of automatic early release would cost up to £6m a year study finds

A Scottish Government analysis has found that plans to scrap the automatic early release of prisoners in Scotland will cost the taxpayer up to £6 million per year.

Ministers have called for an end to the scheme which lets offenders be considered for parole midway through their sentence and to be automatically released if they are still in custody at the two-thirds point.
 
Proposed changes would see prisoners still eligible for early release at the midway point of their sentence, however, automatic release would no longer apply in cases of prisoners sentenced to four years or more for sexual offences or ten years or more for all non-sexual offences.
 
The long term effects of the move would be to increase the prison population by about 140 by the year 2030-31.
 
The Scottish Prison Service is predicted to be burdened with extra annual costs of £900,00, from 2019-20, increasing to £6m by 2030-31 – these figures being based on the average annual cost of £42,619 per prisoner.
 
The Scottish Conservative party said the proposals would affect less than 2 per cent of offenders and that violent criminals with sentences of less than 10 years would still be subject to early release.
 
The Scottish Government said that if the reforms had applied to the relevant offenders in 2012-13, they would have applied to 131 offenders, less than one per cent of people given non-life custodial sentences that year.
                          
Scottish Conservatives justice spokeswoman Margaret Mitchell said: “People expect convicted prisoners to serve their full sentence, so the point is not so much about the cost but about the need to stop early release for everyone."
 
Ms Mitchell (pictured) added: “This would be a far more effective deterrent and would go some way to restoring the public’s faith in Scotland’s justice system.”
 
The Scottish Government said that the proposed reforms are the best for improving public protection.

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Business magnate appeals to Supreme Court over proposals for incinerator

Wealthy entrepreneur Mohamed Al-Fayed has appealed to the UK Supreme Court in his battle to stop a huge incinerator being built near his home in the Highlands.
 
The entrepreneur said plans for the waste plant in Easter Ross, near Mr Al-Fayed’s Balnagown estate, were an “outrageous assault” on the environment with fears that the local area could be affected by the toxins released from the site.
 
He told The Sunday Times recently: “I have initiated proceedings in the Supreme Court in London against the Scottish government.
 
 “I have lived in Easter Ross for more than 40 years — it was my first home in Britain. I am determined to protect it against this outrageous assault on the environment and the wellbeing of local people. It’s mad and bad.”
 
Mr Al-Fayed’s case comes after a six-year fight to defeat proposals for the £43m waste plant at the Cromarty Firth industrial park in Invergordon.
 
It is argued that the plant would be able to process 100,000 tons of waste a year and would be able to generate electricity for 10,000 properties.
 
Those proposals were thrown out by Highland Council in 2009 but were approved two years ago by a planning reporter appointed by the Scottish ministers.
 
A judge in the Court of Session ordered a review of the decision last month following concerns about the volume of waste that would be conveyed to the site from outside of the Highlands. 
 
Mr Al-Fayed (pictured) has said the 65 metre-high chimney stack seen against the skyline of the Cromarty Firth could adversely affect tourism in the area.
 
The Port of Invergordon sees around 100,000 cruise passengers and crew members each year.
 
He said: “They don’t set sail to see a smoking chimney burning thousands of tons of rubbish.”
 
Mr Al-Fayed called the First Minister Alex Salmond a “donkey” for not taking local residents’ concerns into account in addition to welcoming the outcome of the independence.
 
Of Mr Salmond, he said: “I respected him once and believed a SNP government would put the people of Scotland first, but it is his government that is trying to curse the people of Invergordon by imposing a foul incinerator at the heart of their community.
 
“I hope his successor shows more common sense.”
 
The Scottish Government confirmed ministers have been served with papers on an appeal to the Supreme Court.
 
A spokeswoman for the Scottish Government said: “Scottish ministers, including the first minister, had no involvement in the decision-making process.
 
“As the legal process is ongoing, it would be inappropriate to comment further at this stage.”

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Lawyers call on authorities to ensure safety of Scot in Pakistani jail

Lawyers for a Scottish man who was jailed in Pakistan after he was convicted of blasphemy and who later shot by a police officer have called on the Prime Minister to intervene.
 
Mohammad Asghar, 70, of Edinburgh, was shot in Adiala prison in Rawalpindi, Punjab.
 
The legal action charity Reprieve said he must be moved to a secure medical facility as he has paranoid schizophrenia.
 
Spokeswoman for the charity Maya Foa said: “To move Mr Asghar to a prison now, where there is no way of guaranteeing his safety, would be to effectively hand out a second death sentence that could be carried out at any moment.
 
“The British Government simply cannot allow this to happen.
 
“They must ensure that he is held in a secure medical facility where he can receive the treatment he so desperately needs, both for his recent injuries and his existing mental illness.”
 
Mr Asghar was jailed in January after he claimed to be the Prophet Mohammed. He was shot in the back by a police officer last week and remains in hospital.
 
Reprieve said people convicted of blasphemy in Pakistan are at serious risk of attacks from religious extremists.
 
An appeal against the decision has been lodged with lawyers saying judges did not account for his mental illness.
 
Aamer Anwar, representing the family of Mr Asghar, said: “The Asghar family is horrified to learn that their father is being threatened with being returned to prison tomorrow morning.
 
“The Pakistani authorities are unable to guarantee Mr Asghar’s security and we have insisted that he be moved to a secure military medical facility where he can continue to be treated in safety."
 
Mr Anwar (pictured) added: “The repeated failure of David Cameron to intervene is a green light for the Pakistani authorities to continue punishing Mr Asghar.
 
“When will somebody in power act to save his life?”
 
Mr Asghar’s daughter, Jasmine Rana, 40, called on the UK Government last week to do everything it could to help her father.

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HMRC seizure limit increases from £3,000 to £17,000

As of this week HM Revenue & Customs (HMRC) will be able to take up to £17,000 from pay packets – compared to the previous limit of £3,000.
 
From April, tax codes will be altered for those believed to have underpaid income tax, capital gains tax or National Insurance contributions.
 
The move has alarmed tax professionals. Chas Roy-Chowdhury, head of taxation at the Association of Chartered Certified Accountants (pictured), said: "This is another creeping of HMRC’s powers, which are skewed in favour of themselves and away from the taxpayers. HMRC is becoming a more confrontational and all-powerful organisation."
 
HMRC has had the power to seize cash wages since 1944 and claims that any money taken would be spread out over 12 monthly instalments.
 
But accountancy firm Kingston Smith said raising the cap could be seen as "a new high in the intrusion of the state into private affairs".
 
Tax partner Tim Stovold said: "These so far overlooked new rules are a continuation of powers being given to HMRC to collect amounts owing to them and will come as a nasty surprise to many."
 
HMRC said: “Taxpayers welcome the option to have tax debt collected by instalment.
 
“This is a very longstanding feature of the payroll system but the increase in the current threshold will allow more tax debts to be paid in this way.”
 
The UK Government recently consulted on the controversial direct recovery of debts, which would enable unpaid tax to be recovered from bank and building society accounts without going through the courts.
 
Officials want to be able to take funds directly from current accounts, joint accounts or ISAs.
 
They will focus on debtors who owe at least £1,000 and who have been contacted at least four times by HMRC.
 
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Treasury ordered to pay whistleblower £142,000 after ignoring tribunal ruling

The Treasury has been ordered to pay a former employee £142,000 to after it refused an employment tribunal’s ruling to re-employ him.
 
David Owen, former head of national insurance policy at the Treasury, was given the money after the department refused to give him another job.
 
He was originally forced to leave his job after he accused colleagues of attempting to defeat a proposal by David Gauke, a Treasury minister.
 
The Treasury has refused to say why it did not follow the ruling or how much public money has been spent fighting the case.
 
Cathy James, chief executive of Public Concern at Work said it was staggering that the Treasury ignored the ruling and that the case showed much more protection was needed for whistleblowers.
 
She said: “It beggars belief that the Treasury did not follow the tribunal’s order to re-employ Mr Owen but instead chose to fight this case to the bitter end, resulting in huge costs to the taxpayer.
 
“How can we trust what government says about the commitment to protect whistleblowers if this is how their own departments behave?”
 
Mr Owen accused other civil servants of attempting to sabotage a policy proposed by Mr Gauke in 2011.
           
The chancellor George Osborne had asked for a note on the proposal – an indication that it was being taken seriously.
 
However, Mr Owen said his colleagues were preoccupied with the risks included with the policy after officials at HM revenue & Customs (HMRC) said they disliked it.
 
The tribunal said that Mr Owen’s dismissal was “seriously flawed in a number of important respects”, and that the Treasury “did not act reasonably”.
 
It is thought the costs to the public purse in the case are about £500,000 but the Treasury has refused to confirm this figure.
 
Mr Owen (pictured) said: “It’s good it’s been confirmed I deserve my job back but the simple, just course would have been to take me back without a long, costly process.
 
“I’m shocked that a government department is refusing to do as British justice has ordered.
 
“It feels wrong that I’m faced with a huge legal bill when how I was treated was so flawed that my dismissal was bound to be found unfair.”
 
A public accounts committee report last month said whistleblowers have been victimised by managers who are almost never sanctioned and that government departments do not support employees who uncover wrongdoing in public services.
 
A spokeswoman for the Treasury declined to discuss the case, she said: “We do not comment on individual employment matters. This matter is still the subject of an appeals process.”
 
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Plans to introduce legislation covering bovine tuberculosis in non-bovine species

A 12-week-long public consultation has been launched on proposals for new controls to address incidences of bovine tuberculosis (TB) in specific non-bovine animals including llamas, sheep and farmed deer.
 
The consultation, which will run from today until December 22, will consider the Scottish Government’s proposal to introduce legislation and a regime of TB controls covering camelids (alpacas, llamas, guanacos, vicunas), goats (farmed or domestic), sheep, pigs and deer (farmed).
 
TB is a serious infectious disease of cattle that can be passed on to other animals.
 
Rural Affairs and the Environment Secretary Richard Lochhead said: “Although the cattle industry is strictly regulated for TB, there are no legal powers in Scotland specifically covering controls of non-bovine species, except deer, where TB is strongly suspected or confirmed.
 
“The European Commission recognised Scotland as being officially tuberculosis free in September 2009 and the Scottish Government is very keen to maintain this.
 
“Introducing a non-bovine TB Order will provide Scottish Ministers and the Animal Health Veterinary Laboratories Agency (AHVLA) with the powers needed to deal effectively and quickly with TB incidents in camelids, goats, sheep, pigs and deer when they arise."
 
Mr Lochhead (pictured) added: “It will also give us the ability to provide animal keepers with statutory compensation for animals slaughtered as a result of TB.
 
“We are launching this public consultation to engage directly with the various livestock sectors and who will shortly be invited to meet with officials to discuss any issues raised by the proposal.”

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BLM to merge with Campbell Fitzpatrick Solicitors

BLM has announced it is to combine with risk and insurance Irish law firm Campbell Fitzpatrick Solicitors (CFS) which has offices in Belfast, Londonderry and a presence in Dublin.
 
CFS will become part of BLM and will be rebranded as such. The combination will complete on 30 November.
 
The new combination with Campbell Fitzpatrick Solicitors will welcome an additional 21 legal experts to the business which includes eight partners.
 
CFS is unique in that it has three dual-qualified solicitors who can offer legal services across both Northern Ireland and the Republic of Ireland – complementing BLM’s existing presence in Dublin and providing a consistent approach for clients operating across both jurisdictions.
 
Mike Brown, senior partner at BLM said: “This combination completes our physical presence across the United Kingdom and Ireland. It allows us to further develop our business in accordance with our customers’ needs.
 
“Both firms have their roots firmly embedded in risk and insurance litigation. We share a clear focus and ambition to remain as a specialist and leader within the risk and insurance sector."
 
Mr Brown (pictured) added: “Our new colleagues have a great deal to offer BLM both commercially and technically, and will enable us to confidently build upon what we have already achieved in Ireland and throughout the UK.”
 
CFS’s senior partner, Cormac Fitzpatrick, said: “The combination with BLM is an extremely positive move for us. This was a no money transaction and was a voluntary decision, a decision we wanted to do rather than one we needed to do.
 
“We share the same aspirations and already work with many of the same customers. We share the same vision, style and approach to our business. It was a very easy decision to make to combine with BLM. 
 
“Our customers want a firm that provides more than just legal services and can provide it in a range of global markets. 
 
“They want a firm that is embedded into the wider risk and insurance world and now we can certainly provide that. The future is very exciting for us and we are thrilled to be a part of BLM.”
 
Berrymans Lace Mawer combined with Scottish firm HBM Sayers on 1 May 2014 to create BLM. 
 
The firm represents nine of the top 10, and 15 of the top 20 insurance companies and was voted "insurance law firm of the year" in 2014 by Post Magazine
 
As part of its continuing strategy to develop its business, BLM is moving its London office from London Wall, EC2 to Plantation Place, EC3 in the first quarter of 2015.
 
BLM has an existing office in Dublin with two partners, nine solicitors and 13 staff.

Campbell Fitzpatrick Solicitors was formed in 1998 as a result of a merger with two long established firms, R B Campbell & Co and V P Fitzpatrick & Co, who could trace their legal roots to the 1880s.
 
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Anderson Strathern Asset Managment appoints Eamonn Mirner

Wealth management firm, Anderson Strathern Asset Management, has announced the appointment of Eamonn Mirner to its financial services team.
 
He takes up the position of finance director, and will play a pivotal role in setting the company’s operational and financial strategy.
 
Mr Mirner (pictured) brings with him 27 years of experience in the financial services industry.

He previously held the position of chief financial officer at Ignis Asset Management, with responsibility for both its Glasgow and London offices.
 
More recently, he has worked with Standard Life Wealth and is head of fund administration at HSBC.
 
The appointment is the second in a series of high profile appointments made by the growing firm.
 
In August 2014, Harry Morgan, joined as chief investment officer, leaving his post as head of private investment at Thomas Miller Investment Management.
 
In his new position, Mr Mirner will take a leading role in targeting new markets including energy, technology entrepreneurs, law firms, and accountancy practices.
 
Alec Stewart, chief executive of Anderson Strathern Asset Management, said: “Eamonn has extensive managerial experience and an in-depth understanding of the financial services sector and investment operations.
  
“As the success of Anderson Strathern Asset Management grows, Eamonn will play a key part in setting the company’s strategy, underpinning both the operations and finances of the business.
 
“I am confident that Eamonn is equipped with the expertise and business acumen required to support us through this period of fast growth.”
 
Mr Mirner said: “It’s exciting to be joining Anderson Strathern Asset Management at a time when there’s a real opportunity for the business to flourish.
 
The firm is wholly owned by Anderson Strathern LLP and based in Edinburgh.

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MMS represents Skyscanner in successful competition ruling

Maclay Murray & Spens LLP (MMS) has represented global travel search site Skyscanner in its successful appeal to overturn an earlier decision by the Office of Fair Trading (OFT).
 
The Competition Appeal Tribunal (CAT) has backed Skyscanner’s challenge to the adequacy of commitments given by online hotel companies to remove discounting restrictions for online travel agents.
 
The original decision reduced price transparency and introduced new restrictions on the advertising of available discounts for hotel rooms, leaving consumers disadvantaged.
 
The original decision would have also prevented any comparison sites (also known as metasearch), like Skyscanner, from publishing the best available prices, as the discounts for closed group members, a key part of the commitments, were not available to be seen on these sites.
 
Catriona Munro, a partner at MMS who advised Skyscanner in its CAT appeal, said: "The OFT had originally identified several competition concerns.
 
“Its decision to draw a line under the issue, by accepting undertakings from the key parties, was therefore not only baffling but fundamentally flawed.
 
"This was the first appeal under section 31A against a commitments decision and a particularly tough case, with very high legal hurdles to overcome.
 
"Skyscanner has become a brand leader in this market and the case highlights the importance of a strong regulatory regime that allows such pioneers to thrive, in the knowledge that they face a fair playing field."
 
Carolyn Jameson, director, general counsel at Skyscanner, added: “We are pleased to hear that we have been successful in our appeal of an earlier decision by the OFT, following their investigation into online hotel room booking.
 
“We believe this is good news for consumers as well as the wider travel industry. We are also grateful for the support of MMS – the team quickly got to grips with the complexities of the case and worked hard to assist us in this case.”
 
Ms Munro added: "This case will be welcomed by the industry, including metasearch sites, which inject important competitive energy into online markets.
 
“The CMA will now look again at the arrangements between hotels and online travel agents. Other competition authorities are looking closely at the so-called ‘price parity clauses’ - arrangements where neither sellers nor resellers discount from the headline price because of pricing mechanisms that mean that competitors’ prices will also drop.
 
“These mean that there is no competitive advantage in discounting, for the companies involved. These types of arrangements exist in sectors other than hotels and could be found to be illegal.”
 
 

Faculty of Advocates to host MiniTrials for twelfth year this weekend

It sounds like a recipe for anarchy, not just allowing but positively encouraging groups of teenagers to take the law into their own hands.

However, peace will prevail because events this weekend at Edinburgh Sheriff Court have learning very much at their heart.

Pupils from eight city schools are taking part this Saturday in the MiniTrials initiative of the Faculty of Advocates.

Helped by lawyer volunteers and working from information packs compiled by the Faculty, the pupils act out a criminal jury trial, as it might actually be seen in any sheriff court in the land.

They convene the court, prosecute and defend the accused, and deliver a verdict.

The proceedings are overseen by a lawyer acting as sheriff, and the day will also include a visit to the cells complex in the court.

MiniTrials are now in their 12th year, and were the idea of the judge, Lord Kinclaven.

He said: “I would like to see a day when every school pupil in Scotland has an opportunity to learn more about how our courts actually function in real life." 
 
Lord Kinclaven (pictured) added: “Preferably, that should be done in a realistic, structured and organised way. It seems to me that MiniTrials are a great way to achieve those objectives and to help nudge pupils away from common misconceptions.”

Dean of Faculty, James Wolffe QC, added: “The courts are an essential part of our democracy and MiniTrials give students a real insight into what the court process is really like. I am very proud of the Faculty’s continuing role in MiniTrials. We all owe Lord Kinclaven our thanks for this initiative.”

The first case involves an attack by two youths on a man who is struck on the arm with a knife as he walks home.

Only one of the youths has been caught and he faces a charge of acting with another to assault the victim to his severe injury. The other trial follows an incident outside a nightclub when the accused approaches a car and allegedly takes part in an exchange with the driver.

On being stopped and searched by the police, ecstasy tablets are found in his jacket.

The question for the jury is whether he is guilty of possessing drugs with intent to supply them.

Each school has a chance to be the prosecution and the defence team in the 90-minute trials. The eight are:  Craigmount, Drummond, Firrhill, Forrester, St Augustine’s, St Thomas of Aquin’s, The Royal High and Trinity Academy.

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And finally… it’s the story of my life

The makers of the animated film Frozen are being sued for more than £150 million by a woman who said the film his based on her life story.
                           
Isabella Tanikumi said the Disney film took the idea for the film from her 2010 autobiography Yearnings of the Heart.
 
The £600m grossing film tells the story of a princess who has the ability to turn things into ice.
 
The film is inspired by Hans Christian Andersen’s fairytale The Snow Queen and includes a snowman called Olaf and a troll king named Ciarán.
 
Tanikumi’s book describes her life growing up in the Peruvian Andes.

The author has lodged a claim at the New Jersey county court for $250m against Disney.
 
Ms Tanikumi’s allegations include the fact that both she and the protagonist both live at the foot of a mountain where each lives with their sister and parents.
 
In addition, the lawsuit cites as evidence of plagiarism the fact that both pairs of sisters have horses and that they love each other.
 
It goes on to say both Ms Tanikumi and Ana fall in love with tall, fair, dark haired men, both of whom toy with their girlfriends’ affections.
 
Perhaps most damning, however, is the thirteenth cited similarity – that in both stories there is a moon.
 
The lawsuit states: “Isabella writes about her love under the shadows of the moon”, while in the film “Ana goes for a walk with her romantic suitor under the moonlight”.
  • Contributions from SLN readers to our "And finally" section are welcome – they should be sent to: newsdesk@scottishnews.com
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Jobs

Solicitors – BLM

BLM, the UK and Ireland’s leading risk and insurance law business is seeking to recruit a number of experienced solicitors to join its growing insurance litigation team in Glasgow.

Applicants should ideally have five years PQE or more, excellent communication and IT skills and be capable of managing a varied and challenging case load. 

The firm’s requirements span the following areas;- property damage, personal injury, HSE/Regulatory work.  Candidates with relevant experience in any of these areas are encouraged to apply.

The successful candidates can expect to receive a competitive remuneration package, including benefits, and to enjoy good career prospects.

If you are interested in learning more about this opportunity then we would be delighted to hear from you. 
To apply please submit your CV to louise.gallagher@blmlaw.com.

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Property / Renewables Solicitor – Dale Solicitors LLP

PROPERTY / RENEWABLES SOLICITOR REQUIRED
           
Dales Solicitors LLP boast an extensive client base of property owners, located throughout Scotland, and as part of our ongoing commitment to provide our clients with the highest standard of care and attention to which they are accustomed, we have an opportunity for a motivated and enthusiastic solicitor to join our vibrant team of solicitors, based in Galston, Ayrshire.   
The successful candidate will have the opportunity to take on an interesting and diverse workload which will include:-
  • negotiating renewables and development option and leases
  • large scale purchases and sales of agricultural property
  • utilities servitudes
  • telecoms leases
  • security work in connection with purchases and refinance transactions
  • commercial property
All levels of experience will be considered for the post and whilst ideally we are looking to recruit a full time solicitor, we are happy to consider a candidate with part time availability.

The successful candidate can expect a very competitive remuneration package, excellent benefits and real prospects for career development within the Firm.  

Due to the geographic spread of our client base, we offer flexible working arrangements for members of staff.  
For more information on our Firm, check out our website: www.dalesllp.co.uk

Please forward covering e-mail together with CV in strictest confidence to:  info@dalesllp.co.uk  Closing date for applications:  Wednesday 22 October.

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In House Legal Adviser (Paisley Campus) – University of the West of Scotland

In House Legal Adviser (Paisley Campus)
Part-time – 4 days (28 hours) per week
£40,847 - £45,954 pro-rata
 
University of the West of Scotland’s purpose is to change lives, transform communities and encourage enterprise through outstanding, distinctive and progressive higher education. Our focus is on personalised learning experiences supported by internationally recognised research. UWS graduates will be work-ready and contribute locally and globally.
 
We are ambitious for our future and continue to invest in our people. The University is therefore delighted to invite applications for its first in-house legal adviser.
 
The post-holder, a qualified solicitor, will support the University Secretary and Registrar in managing the provision of legal services to the University.
 
In this interesting and varied role you will provide advice on a full range of legal matters and will have particular responsibility for advising on regulatory and constitutional matters including data protection, freedom of information, due diligence and provision of advice on student disciplinary issues, student appeals and complaints.
 
You will have a least two years’ post-qualification experience in a wide range of legal areas.  
 
Flexibility, creativity and a solutions focused approach are essential as well as excellent interpersonal skills. 
 
Informal enquiries to Donna McMillan, University Secretary & Registrar on 0141 848 3677 or donna.mcmillan@uws.ac.uk.
 
Further information, including details of how to apply, is available at www.uws.ac.uk/jobs or by contacting the Department of People& Organisational Development by email to shiela.irvine@uws.ac.uk or telephone: 0141 848 3491, quoting the reference number 14/218
 
Closing date: 4.45pm on Friday 17 October 2014
 
Interviews will be held on Thursday 6 November 2014

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Property Solicitor (3+ Years PQE) – Lindsays

Property Solicitor – 3+ years PQE
Dundee
£neg + Benefits Package

Lindsays is a progressive, mid-sized law firm with a reputation for providing an excellent and outstanding service.
 
Our Dundee office provides a high quality service to clients in both Residential and Commercial Property.  Our Residential Property Team acts for a wide range of individuals including investors, developers and landlords whilst our Commercial Property Team act for investors, developers, banks, landlords and tenants.
 
We have an exciting opportunity for an experienced property solicitor to join the Dundee team to undertake either a mix of residential and commercial property work or to focus exclusively on one of the two areas of work.
 
The Commercial Property side of the team provides a quality service to clients principally in the sale and purchase of commercial property, commercial leasing, development work, security transactions and general commercial conveyancing advice.
 
The Residential Property element of the team provides a quality service to clients in the sale and purchase of residential property, security transactions and general residential conveyancing advice.
 
The successful candidate is likely to have a minimum of 3 years’ experience in the area of commercial and/or residential property work. In addition to technical competencies, the candidate will have the ability to communicate in a confident, clear and relaxed way and will be able to work well as part of a busy team.
 
Please note that this vacancy is immediately available and we wish to appoint someone as soon as possible.

If you are interested in applying for the above role and possess the relevant experience please send your CV including a note of your current salary to Pauline Dalbeck, HR Advisor, Caledonian Exchange, 19A Canning Street, Edinburgh, EH3 8HE or email: recruitment@lindsays.co.uk

Lindsays is an equal opportunities employer.

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Finance and Projects Solicitor – DLA Piper

Solicitor
Finance and Projects, Edinburgh

DLA Piper's strategic vision is to be the world's leading business global law firm.  The development and growth of the Finance & Projects Group lies at the core of that vision.

We are now seeking an exceptional Projects solicitor to join our Finance & Projects team in Edinburgh.  The Finance and Projects team advises a range of organisations, including banks, contractors, developers, sponsors, and the public sector.  The role will involve working on infrastructure, transport and energy projects across sectors.
 
The team is part of a wider UK and International team and frequently acts on deals involving our worldwide colleagues, giving our clients access to one of the largest teams in the world. There is therefore the opportunity to work with clients and colleagues in other jurisdictions and to become involved in high-profile infrastructure projects across the UK.

We are looking for a motivated, enthusiastic and friendly team player who will thrive in an environment where excellence, commitment and going that extra mile are the norm.  Previous experience in projects, strong commercial awareness and the ability to give pragmatic advice are essential for this role.

If you are interested in learning more about this opportunity, we would be delighted to hear from you.

To apply please submit your CV to tracey.stewart@dlapiper.com

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Energy Solicitors (Senior Assistant or Associate level) Glasgow – Harper Macleod LLP



We are looking for two solicitors at senior assistant or associate level to join our award-winning Energy and Natural Resources practice with a focus on renewable energy, natural resources & infrastructure projects.
 
Named Energy Team of the Year 2013 at the Scottish Legal Awards, our lawyers have advised on projects responsible for more than 2.5GW of renewable energy, more than a third of the total installed capacity in Scotland to date.
 
The successful candidates will have strong commercial property skills, be capable of dealing directly with a wide variety of client enquiries with a commercial approach and be able to work confidently in a fast-moving environment, handling a challenging caseload.  One of the positions will concentrate mainly on on-shore wind work, where prior experience is important.  The other position will principally involve working for one of the Energy team’s public sector clients, dealing with a large caseload, where prior experience is not essential.
 
You will work for one of the largest, most progressive and innovative law firms in Scotland, a business which has been named Law Firm of the Year seven times in the past eight years and which has grown impressively in both turnover and headcount over the same period.
 
We offer a competitive salary and benefits package and the opportunity to develop your career over a period which will bring exciting challenges and opportunities for everyone involved.
 
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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Corporate Solicitor/Associate (2 yrs + PQE) Scotland – Harper Macleod LLP



 
Ranked among the country’s leading dealmakers, Harper Macleod’s Corporate team continues to grow and we’re looking for a Solicitor or Associate who has the drive and ability to join a group advising some of Scotland’s leading businesses.
 
In the past year our team has been involved in more than 100 transactions with an aggregate value in excess of half a billion pounds, involving work in 18 different jurisdictions.
 
Our work involves the full spectrum of corporate advice and transactions, with a particular focus on family owned, owner managed and entrepreneurial businesses.
 
You will work for Partner Chris Kerr and his team on a varied and challenging caseload, involving advising on the sale and purchase of businesses and companies, joint venture and shareholder arrangements, corporate structuring and reorganisations, providing business succession planning advice and general support on transactional work.  You will also have the opportunity to assist Partner Paula Skinner and her team with clients such as Entrepreneurial Spark, angel syndicates and university spin outs. 
 
Applicants must be able to work well within a team environment and be capable of dealing directly with numerous and varied client enquiries. You must have corporate transactional experience and be able to be the first point of contact for a transaction, with Partner support being provided as required.
 
You will work for one of the largest, most progressive and innovative law firms in Scotland, a business which has been named Law Firm of the Year seven times in the past eight years and which has grown impressively in both turnover and headcount over the same period.
 
We offer a competitive salary and benefits package and the opportunity to develop your career over a period which will bring exciting challenges and opportunities for everyone involved. Harper Macleod is committed to staff development and will invest in the successful candidate.
 
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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Solicitor, Asset Protection, Private Client Division – Morton Fraser

Solicitor, Asset Protection, Private Client Division, Glasgow
 
We have an opportunity for a Solicitor in our Private Client division in Glasgow. The job purpose is to deliver an excellent client focused legal service, primarily in all areas covered by the Asset Protection team. To include the provision of wills; estate planning; Powers of Attorney; Guardianships, Executry administration and the creation/administration of trusts.

Key tasks include: advising clients on matters relating to Wills, tax and estate planning, Powers of Attorney, Trusts, Executries, Guardianship,  long term care, etc; drafting legal documents in connection with all of these matters; preparing accounting to the client, as required for Trust and Executry administration; assisting partners and associates; being proactive in the financial control of your caseload, including accurate time recording and prompt feeing; contributing constructively to the success of the division; supporting the Firm’s marketing initiatives and identifying and maximising opportunities to sell the services of the Firm; delivering technical training as required within the division.

The ideal candidate will have LLB and 1-3 years relevant experience (post qualifying stage). The job holder will take responsibility for their own clients (primary point of contact) and manage those cases with reference to the partner or associate where appropriate.

Morton Fraser offers you a great benefits package, with ample opportunities for personal development and training. Working with businesses, the public sector, families & individuals, clients tell us we are great to work with and we aim to be great to work for.

Please apply on Morton Fraser’s website: http://www.morton-fraser.com/work-us/current-vacancies

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Edinburgh Vacancies – Shepherd and Wedderburn

Assistant - English Property Unit
 
Edinburgh Office
 
We are looking to recruit an Assistant Solicitor to join our English Property Unit.
  • NQ-1 year PQE
  • Edinburgh
  • English property law experience desirable but not essential
  • Commercial property experience preferred
  • Where Scots law qualified, there would be an expectation that the successful candidate would re-qualify, with the support of the Firm
  • Salary competitive dependent on experience
The team is headed up by Neil Rainey, Partner, and further comprises 1 Associate and 2 Assistants. It is a small and dynamic team and this role would suit a competent, outgoing team player.
To apply for this position, please send your CV to Derek.Gunn@shepwedd.co.uk
 
Non-contentious Construction Assistant/Associate
 
Edinburgh/Glasgow Office
 
We are currently recruiting for a Non-contentious Construction Assistant/Associate.
  • NQ-Associate level
  • Edinburgh / Glasgow
  • Experience in energy, property development and infrastructure work
  • Salary competitive dependent on experience
To apply for this position, please send your CV to Derek.Gunn@shepwedd.co.uk
 
Commercial Property Assistant
 
Edinburgh Office
 
We are looking to recruit an Assistant Solicitor to join our Real Estate team in Edinburgh. The role will be reporting principally to Paul Donald and will involve a wide range of commercial property transactions, including property investment sales and purchases, negotiating commercial leases of all types of premises for both landlords and tenants, dealing with the site assembly work for development sites and the negotiation of Agreements for Lease and Development Agreements, as well as the property aspects of corporate transactions, cross-border deals and loan facility agreements and acting for a wide range of clients from pension funds, multi-national companies, public authorities and developers to private individuals and small businesses. The candidate will have 1 to 3 years PQE and preferably have some experience of commercial property work.

To apply for this position, please send your CV to Derek.Gunn@shepwedd.co.uk
 

Family Solicitor Associate – Kilcoyne & Co

Family Solicitor Associate – Kilcoyne & Co

2 Years plus ( Post Qualifying Experience)

Kilcoyne and Co are seeking to recruit an experienced and enthusiastic Family Law Solicitor. The Position will be based both at Our Glasgow City Centre Office and Southside Office. The successful candidate will be required to manage a large caseload. You will be accustomed to working to High volumes and demanding targets. The caseload includes both private client and legal aid. Significant experience of legal aid procedures will be required. 

Application by way of Covering letter and CV will be treated in strictest confidence.  To  johnkilcoyne6@gmail.com 

Salary range ( £29000 to £40000) depending on experience and ability.
 www.familylawyersglasgow.co.uk

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Planning and Environmental Solicitor – Wright Johnston & Mackenzie

Planning and environmental solicitor – fixed term maternity cover (1 year, with possibility of extension)
 
WJM’s planning team is highly regarded and well known, with a roster of excellent clients.
 
Your job will be based in Edinburgh working for our Head of Planning and Head of Renewables, Fraser Gillies, on a wide range of planning and environmental issues. The role is maternity cover for one year but there may be a possibility of extension at the end of the fixed term.
 
 A large proportion of the work will be assisting Fraser in relation to a portfolio of onshore wind Appeals and s.36 applications.   You will have lots of direct client contact with some of the biggest players in the industry and will get out and about to see clients, for site visits, to attend conferences and other events.
 
The team is also involved in a range of other planning and environmental issues including in relation to housing, infrastructure, transport and retail projects. The work is often challenging and you will frequently be involved in advising on novel points and unusual circumstances – so the ability to think creatively and to get to the bottom of the issue quickly is a must.
 
A key element of the role will be helping build the business up. WJM’s planning team is continuing to expand and has grown significantly over the last three years. A willingness and ability to help build the business is essential. You will be expected to attend networking events and client pitches, as well as helping with tenders, articles, seminars and other profile raising activities. Above all we are looking for candidates with the ability to come up with ideas and the ability to implement and follow through on those ideas to help build the business.
 
As well as having the necessary experience and technical expertise you must be committed to providing an excellent level of client service and to building a relationship with your immediate peers and other members of our full service renewable energy team. This team’s market leadership credentials have been built upon a reputation for providing key strategic advice on their clients’ successful projects. It is crucial that you can deliver that advice in a straightforward manner and with a level of confidence.
 
WJM offers good candidates the opportunity of a great career in a medium sized, friendly, client focused environment.  We also offer competitive salary and benefit packages according to the experience you will bring to the Firm.  If you are interested in this great opportunity please send your CV or apply on our Application Form to Julia MacDonald at recruitment@wjm.co.uk, quoting reference GLRE1/13.
 
The closing date for applications is 1 October 2014.
 
WJM is an Equal Opportunities Employer.

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Legal Business Process Analyst – Brodies

JOB TITLE:
 
Legal Business Process Analyst - Corporate & Commercial Department – Commercial Services Division
 
Based in Edinburgh
 
REPORTING TO:
 
Grant Campbell, Partner
 
JOB PURPOSE:
 
This is an exciting opportunity for an experienced Business Process Analyst to join the Commercial Services Division working on a highly innovative technology solution which helps clients with the challenges of properly managing their commercial contracts.
 
BOrganised™ is a completely new contract management service that we provide to clients using technology that we have developed internally within Brodies. It is internet based so clients can access and manage their contracts from wherever they happen to be – anywhere in the world – with the aim of helping clients to rise to the day to day challenges of managing their contracts in a way that protects them
 
CORE TASKS: 
  • Identify new approaches and solutions to business issues that will deliver improved customer experience and increase operating efficiency identified through analysis of processes
  • Assist in the design and implementation of action plans for process improvements to BOrganised
  • Provide business process expertise to BOrganised IT developers
  • Work directly with legal and IT Departments to assist in mapping new processes and procedures and  develop specifications,
  • Facilitate user acceptance testing
  • Assume ownership of project documentation, updating as service functionality develops
  • Proactively assist in marketing and undertake demonstrations to potential clients
  • Able to generate leads and/or handle leads from Partners and convert to business wins
  • Liaising with clients and potential clients
  • Provide regular updates to stakeholders on progress
  • Quickly build strong working relationships to gain buy in from interacting functions
  • Assisting clients to meet their overall business objectives.
  • Act as a champion for BOrganised internally and externally
  • Be aware of Brodies’ information security policies, and protect information assets from unauthorised access, disclosure, modification, destruction or interference at all times
PERSON SPECIFICATION: 
  • A proven track record in analysing business processes within a service-based organisation
  • Ability to elicit business requirements using interviews, document analysis and workflow analysis and deliver documented requirements
  • Sales and business development experience is essential
  • A background in, or knowledge of, commercial law/general commercial contracts would be highly desirable
  • An analytical mindset and able to think around complex problems
  • Ability to understand legal processes 
  • Credible with a genuine focus on business development
  • Ability to work collaboratively as part of a team
SKILLS:
  • Strong analytical, facilitation and process mapping skills
  • Proven track record in B2B sales and business development
  • Ability to adapt and stretch skills and capabilities to meet the needs of a fast growing law firm
  • Strong verbal and written communication skills
  • Adapts style of communication appropriately when dealing with colleagues and clients
  • Excellent presentation skills
  • Excellent attention to detail
  • Problem solving
  • Self motivated and driven
  • Commercial and profit focussed
  • Conduct and communication skills
 
To apply for this position please send a copy of your CV and covering letter to recruitment@brodies.com quoting reference number BR291. If you would like to discuss the role in further detail, please contact Tracey Miller on 0131 656 0255

Brodies is committed to equality, diversity & the creation of an inclusive work environment where no partner, employee, potential employee or job applicant receives less favourable treatment.  We value the skills, experience and perspective that a diverse and representative workforce offers us in terms of our ability to deliver top class legal services to our clients.

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Real Estate Solicitor (NQ-2 Year PQE) – Brodies

JOB TITLE:
 
NQ – 2 years PQE Solicitor, Real Estate 
 
Based in Aberdeen
 
REPORTING TO:
 
Colin MacLaren /Tracey Menzies

JOB PURPOSE:
 
With our continued focus on expanding our existing team in Aberdeen, and our soon to be move to brand new, purpose built office space in the heart of one of Scotland’s most dynamic and successful business Centre’s, we have an opportunity for a newly qualified solicitor to join the real estate team.  Our Aberdeen role offer clear career paths and significant opportunities for career advancement.
 
This role will work with a team that focuses on all aspects of commercial real estate including development, landlord and tenant, sales and purchases.   The successful candidate will work closely with a team of lawyers and will therefore have a great opportunity to learn and be involved in many aspects of the real estate world.
 
By way of background to the Real Estate practice, Brodies is top ranked by the independent legal directories Chambers & Partners and The Legal 500, and is regarded by market commentators as probably the most successful in the Scottish market in recent years.   With more than 80 real estate solicitors, based over 3 locations, the department continues to grow and expand. 
 
CORE TASKS: 
  • Noting title and report drafting for clients
  • Analysing and reporting on investment leases
  • Drafting, negotiating and implementing acquisition/sale missives for a variety of transaction types.
  • Drafting and negotiating leases
  • Assisting with negotiation and implementation of development/project agreements
  • General property management for various types of client/properties
  • Involvement in business development activities linked to the department’s strategic plan
  • Be aware of Brodies’ information security policies, and protect information assets from unauthorised access, disclosure, modification, destruction or interference at all times.
PERSON SPECIFICATION:
  • Interest and enthusiasm for property industry
  • Takes personal responsibility to learn on the job and keep knowledge up to date
  • Excellent attention to detail
  • Enjoys working in a fast paced environment
  • Ability to deal with competing priorities and meet deadlines
  • Shows understanding of clients’ needs, and tailors advice appropriately
  • Strong written and oral communication skills
  • Communicates in a confident, clear and relaxed way
  • Adapts style of communication appropriately when dealing with colleagues and clients
  • Research skills
  • Takes responsibility for their own transactions and advice
  • Works to understand the department’s key clients, the industries that they operate in and the challenges they face

SKILLS:

  • Self motivated and driven
  • Accurate
  • Prepared, organised and able to prioritise
  • Commercial and profit focus
  • Excellent communication skills 
To apply for this position please send a copy of your CV and covering letter to recruitment@brodies.com quoting reference number BR278. If you would like to discuss the role in further detail, please contact Suzanne Ross on 0131 656 0156

Brodies is committed to equality, diversity & the creation of an inclusive work environment where no partner, employee, potential employee or job applicant receives less favourable treatment.  We value the skills, experience and perspective that a diverse and representative workforce offers us in terms of our ability to deliver top class legal services to our clients.

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Land & Rural Business Senior Solicitor or Associate Solicitor – Brodies

JOB TITLE:
 
Senior Solicitor or Associate Solicitor - Land & Rural Business
 
Based in Aberdeen
 
REPORTING TO:
 
Clive Phillips, Partner, Land & Rural Business
 
JOB PURPOSE:
 
The Land & Rural Business team at Brodies has long been renowned for top quality, client-focused service covering rural business of all types.  Our large, market leading team is continuing to grow and expand and we currently have an opportunity for a Senior Solicitor/Associate to join our Land & Rural Business team as part of our Real Estate offering in the Aberdeen office. The successful candidate will work closely with Clive Phillips to service the needs of our large and varied client base and take responsibility for leading transactions within the team. In addition, they will also be required to build effective client and contact relations and be involved in business development working closely with Clive to help further grow the practice in Aberdeen.
 
CORE TASKS:
 
The role holder(s) will have the opportunity to experience a wide range of work as follows: 
  • Purchase and sale of estates, farms, woodlands, minerals, rural houses and fishing rights
  • Advise landlords and tenants on agricultural tenancies
  • Carry out the property elements of wind farms and other renewable energy projects
  • Advise on options for developments/diversifications of different types
  • Drafting and advising on some commercial leases in rural context
  • Advise on changes and developments in the law in rural context
  • Rural conveyancing
  • Advising estate and farm clients on partnerships and other business structures
PERSON SPECIFICATION: 
  • A minimum of 3 years post qualified experience advising the rural sector or relevant commercial property experience is required for this role. Candidates with a strong background in commercial property are encouraged to apply too
  • Proven track record in dealing with complex property matters
  • An ability to lead their own transactions as well as working as part of a team
  • Previous experience in rural business and agricultural law preferred.  Full training in relation to agricultural tenancies will be provided
  • Committed to keeping up to date on changes in law and developments in business area
  • Takes responsibility for managing his or her own workload
  • Works effectively with other team members, and is able to supervise the work of those less qualified
  • Understands the department’s key clients, the industry in which they operate and the challenges they face
  • Has strong drafting skills and works in a logical manner
  • Provides client advice that is well presented and tailored to client needs
  • Communicates in a confident, clear and relaxed way
  • Maintains regular contact with clients and shows an understanding of client’s priorities
  • Participates in business development activities of the unit, department and firm and is a self starter in attracting and developing his or her own client following
  • Genuine interest and enthusiasm for rural property work

SKILLS:

  • Self motivated and driven
  • Prepared, organised and able to prioritise
  • Applied knowledge
  • Commercial and profit focus
  • Conduct and communication skills
To apply for this position please send a copy of your CV and covering letter to recruitment@brodies.com quoting reference number BR307. If you would like to discuss the role in further detail, please contact Suzanne Ross on 0131 656 0156.

Brodies is committed to equality, diversity & the creation of an inclusive work environment where no partner, employee, potential employee or job applicant receives less favourable treatment.  We value the skills, experience and perspective that a diverse and representative workforce offers us in terms of our ability to deliver top class legal services to our clients.

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Solicitor (0 - 2 years PQE), Corporate & Commercial Department – Brodies

JOB TITLE:
 
Solicitor (0 - 2 years PQE), Corporate & Commercial Department – Commercial Services Division
 
Based in Edinburgh
 
REPORTING TO:
 
Grant Campbell, Partner
 
JOB PURPOSE:
 
We currently have a vacancy for a Solicitor to join our Commercial Services Division based within the firm's Corporate & Commercial Department. The role will be based in Edinburgh although working in Aberdeen and Glasgow will be expected as the need arises and the successful applicant will report to Grant Campbell, who heads the Division. 
 
The Division  houses leading commercial contract experts working alongside specialists in other commercially focused areas – including IP, technology & outsourcing, procurement, corporate tax, employee benefits and pensions – to provide a one-stop transactional and advisory resource..  Clients include financial institutions, public sector bodies, technology suppliers, pension funds and corporates generally.
 
The successful applicant will gain experience in, and be given exposure to all of, these practice areas although the main workload is expected to be in the core areas of commercial contracts, IP, technology, outsourcing and procurement.
 
CORE TASKS: 
  • Advising clients generally on day to day commercial contracts, IP, technology, outsourcing and procurement matters.
  • Supporting specialist members of the Division on employee benefits, pensions and corporate tax matters as required.
  • Working within a team environment to support the delivery of major projects undertaken by the Division. 
  • Drafting a wide variety of contractual documents for review by associates and partners. 
  • Liaising with clients and managing client relationships.
  • Thinking creatively when looking at issues and proposing solutions.
  • Managing a complex, busy and challenging workload whilst striving to exceed the service requirements and expectations of our diverse client base.
  • Being aware of Brodies’ information security policies, and protect information assets from unauthorised access, disclosure, modification, destruction or interference at all times
 PERSON SPECIFICATION: 
  • Has a keen interest and enthusiasm for commercial contracts, IP, technology, and outsourcing work and a proven track record in that area.
  • Takes personal responsibility to learn on the job and keep knowledge up to date.
  • Takes responsibility for own transactions and advice, subject to supervision.
  • Works effectively with other team members, and is able to supervise the work of those less qualified.
  • Enthusiasm and aptitude for supporting the different areas covered by the Division.
  • Understands the team’s key clients, the industry in which they operate and the challenges they face.
  • Shows understanding of clients’ needs and tailors advice appropriately.
  • Adapts style of communication appropriately when dealing with colleagues and clients.
  • Maintains regular contact with clients and shows an understanding of client’s priorities.
  • Participates in business development activities of the unit and is a self-starter in attracting and developing his or her own client following.
  • Ability to deal with competing priorities and meet deadlines.
SKILLS:
  • Has strong commercial contract drafting skills
  • Demonstrates strong research skills
  • Works in a logical manner
  • Self-motivated and driven
  • Prepared, organised and able to prioritise
  • Commercial and profit focus
To apply for this position please send a copy of your CV and covering letter to recruitment@brodies.com quoting reference number BR295. If you would like to discuss the role in further detail, please contact Tracey Miller on 0131 656 0255                                         

Brodies is committed to equality, diversity & the creation of an inclusive work environment where no partner, employee, potential employee or job applicant receives less favourable treatment.  We value the skills, experience and perspective that a diverse and representative workforce offers us in terms of our ability to deliver top class legal services to our clients.

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Employment Solicitor (0 - 4 years PQE) – Brodies

JOB TITLE:

Solicitor (0 - 4 years PQE) – Employment
 
Based in Aberdeen
 
REPORTING TO: 

Employment Partners and Fiona Morrison, Associate
 
JOB PURPOSE: 

With our continued focus on expanding our Employment team in Aberdeen, and recent move to brand new, purpose built office space in the heart of one of Scotland’s most dynamic and successful business Centre’s, we have an opportunity for a solicitor to join the Employment department. 
 
As part of the team you will be providing advice and support to clients on matters across a broad spectrum of employment issues ranging from the development of good employee relations to the management of disputes. The key aspects of the role will be employment litigation, providing HR advice and support to clients, policy and procedure drafting, non-contentious support along with delivering client training.  You will also be actively involved in business development activities and promoting the services of the employment team. 
 
The successful applicant will benefit from excellent career development with clearly defined career paths and opportunities for career advancement.
 
CORE TASKS:
  • Drafting ET3 submissions
  • Taking and drafting witness statements
  • Analysing and evaluating evidence of cases
  • Conducting pre-hearing reviews
  • Appearance at employment tribunals
  • Providing clients with advice in relation to day to day employment law matters via phone, email and face to face
  • Review of contracts and policies and procedures for clients
  • Providing employment support on corporate transactions
  • Advising clients on termination of employment
  • Drafting compromise agreements
  • Active involvement and enthusiasm in business development activities linked to the department’s strategic plan
  • Delivering training to clients, as part of a team, on employment law issues
  • Supervise the work of those less qualified and contribute to the development of the team, where appropriate
  • Be aware of Brodies’ information security policies, and protect information assets from unauthorised access, disclosure, modification, destruction or interference at all times
PERSON SPECIFICATION:
  • Interest and enthusiasm for employment law – the ideal candidate will have some experience or background in employment law obtained either during their traineeship or post qualified experience
  • Works collaboratively with other team members and ability to build a wider internal network
  • Ability to work in close partnership with clients
  • Ability to adapt and stretch skills and capabilities to meet the needs of a fast growing law firm
  • Takes personal responsibility to learn on the job and keep knowledge up to date
  • Takes responsibility for their own caseload subject to supervision
  • Ability to deal with competing priorities and meet deadlines
  • Shows understanding of client’s needs and tailors advice appropriately
  • Works to understand the department’s key clients, the industry they operate in and the challenges they face
SKILLS
  • Strong verbal and written communication skills
  • Communicates in a confident, clear and relaxed way
  • Demonstrates strong research skills
  • Adapts style of communication appropriately when dealing with colleagues and clients
  • Excellent attention to detail and presentation skills
  • Problem solving
  • Self motivated and driven
  • Prepared, Organised and able to prioritise
  • Applied Knowledge
  • Commercial and Profit Focus
  • Conduct and communication skills
To apply for this position please send a copy of your CV and covering letter to recruitment@brodies.com quoting reference number BR302. If you would like to discuss the role in further detail, please contact Tracey Miller on 0131 656 0255

Brodies is committed to equality, diversity & the creation of an inclusive work environment where no partner, employee, potential employee or job applicant receives less favourable treatment.  We value the skills, experience and perspective that a diverse and representative workforce offers us in terms of our ability to deliver top class legal services to our clients.

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Qualified Assistant (3-5 Years Qualified) – Dallas McMillan

Dallas McMillan are one of Scotland’s leading firms and as part of our firm’s expansion programme we have a vacancy for a 3 to 5 years qualified assistant in our Litigation department.

The role has a particular emphasis on Pursuer Personal Injury work. We would invite applications from candidates with relevant experience in those areas of work.

Please note that the closing date for applications for this post is Friday 3rd October.
 
No Agency applications will be considered.
 
To apply or for further information please contact David Mcelroy on 0141 333 6750 or by email djm@dallasmcmillan.co.uk

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Programmes

Signet Accreditation 2014 Open – The WS Society


Signet Accreditation – 2014 applications open
 
Signet Accreditation is the WS Society’s innovative programme to accredit lawyers.  This year’s assessments will run from Monday 3 November to Friday 14 November 2014 at the Signet Library, Edinburgh.
 
Assessment is based on realistic situations drafted by highly regarded experts and client representatives.  Assessments will be held in the following practice areas:
 
•           Commercial Property
•           Commercial Litigation
•           Corporate
•           Employment
•           In-House
 
The fee is £250 plus £150 annual accreditation fee (subject to VAT).
 
For further information and application forms please visit www.wssociety.co.uk/accreditation or email Anna Bennett (ABennett@wssociety.co.uk).

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CPD, Courses & Events

Faculty Of Advocates Employment Law Group Conference 2014

Tuesday 21 October 2014
Mackenzie Building,
 
Old Assembly Close
172 High Street
Edinburgh.
 
CPD
4 Hours
 
Schedule/Events Include
Tea/Coffee and Registraon from 9:30am for 10am start
  
10:00 Chairman’s Introductory remarks
10:10 Holiday Pay - David Hay
10:50 Case Law Update
11:30 Tea & Coffee
11:45 Workshop Session—Choice of A or B
Choice A: Tribunal Advocacy Skills
Calum MacNeill QC & Alice Stobart
Choice B: Discrima4on: indirect—pointers on how to build/defend claims; and Disability: Key Issues in Reasonable
Adjusment Claims - Greg Cunningham & Colin Edward
13:00 Lunch Break—Full buffet lunch provided
14:00 Developments in ET Prac4ce and Procedure - Maurice O'Carroll
14:45 Mr Jus4ce Langstaff
15:30 Chairmans Closing remarks—The Right Hon Lady Smith

Attendance fee—£50+VAT

To register your place, and for further details on how to pay the

fee and choose your workshop please go to  

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Compass Chambers Annual Conference 2014

Compass Chambers is delighted to invite you to attend our 7th Annual Conference.

The conference will take place on Friday 14th November at the Balmoral Hotel, Edinburgh, from 1pm – 5:30pm and is free to attend. The conference is open to all solicitors, in-house lawyers, trainees and paralegals.

Under the Law Society of Scotland’s guidelines, delegates will be accredited with 3 hours of CPD time.

The conference is free to attend, however Compass Chambers have chosen Wobbly Williams / Funding Neuro as their nominated charity for 2014 and would appreciate any donations on the day to this worthwhile cause.

This year the program will include a review of recent developments in the fields of reparation, regulatory crime and professional negligence. A range of seminars will be led by Compass Chambers’ experts in each field.

As in previous years, delegates are given the opportunity to select 3 seminar topics from a choice of 6 and these will be heard in breakout sessions throughout the afternoon. The topics and speakers are as follows –

David McNaughtan & Yvonne Waugh – Accidents Abroad

Geoff Clarke QC & Robin Cleland – Personal Injury Update

Robert Milligan QC & Steve Laing – Personal Injuries in a Sports Law Context

Rory Anderson QC & Richard Pugh – Clinical / Professional Negligence Update

Peter Gray QC & Susan Duff - Health and Safety Update: R v Tangerine Confectionery Ltd(2011) revisited in light of Polyflor Ltd v HSE (2014); plus analysis of recent sentencing developments

Mark Stewart QC & Emma Toner - Environmental Crime – recent sentencing and procedural developments

The event will continue with a drinks reception from 5:30pm, to which all attendees of the Conference are invited.

BOOK NOW TO AVOID DISAPPOINTMENT.

If you would like to reserve a place at the Conference, please contact Lesley Hogg at lesley.hogg@compasschambers.com providing your name, firm and the 3 seminars you would like to attend on the day.

We look forward to welcoming you to the Compass Chambers Annual Conference 2014.

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Terra Firma: Save the Date – Local Authority Conference on Monday 20th October 2014

Terra Firma Chambers will host its Annual Local Authority Conference on 20th October 2014.   This year’s event will be held at the Lighthouse in Glasgow and will be followed by a drinks reception.

The conference will feature presentations on Judicial Review, Public Procurement, Licensing, Planning and Interpretation of Contracts.  The full conference programme will be finalised shortly with full details to follow on our seminar page.

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Edinburgh Napier Law Alumni Drinks Event: Law celebrates 10 Years at Craiglockhart

Event Date: 15 October 2014
Location and Time: 6pm, The Rivers Suite, Craiglockhart Campus
Please RSVP to: alumni@napier.ac.uk
 
The Centre for Law Staff at Edinburgh Napier University are delighted to advise that we are holding our first Napier Law Alumni Social Event in the recently refurbished Rivers Suite at Craiglockhart Campus on Wednesday 15th October at 6pm – 8pm.
 
The event is free of charge and will be an opportunity to mingle with other alumni and to catch up with Law staff (past and present).  Alexander McCall Smith, an Honorary Doctor of Edinburgh Napier University, will also be giving a short address.
 
We have been asked to confirm numbers for catering. The event is free, but we would ask that alumni RSVP to the email address above.  Further information about the event can also be found here:
 
The event on Facebook:   http://on.fb.me/1rx4Zsr  
The event on the intranet:   http://bit.ly/YWgFIL  
The event on the website:   http://bit.ly/1tQoauj  
The event on LinkedIn:   http://linkd.in/1p6PPTc
 
We look forward to seeing our alumni on 15th October 2014.
 
Law Team, Craiglockhart Campus, Edinburgh Napier University



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IHT 2014 and Crucial Conveyancing Issues – limited places remain

Two new seminars from CLT Scotland are rapidly reaching capacity.

Crucial Conveyancing Issues (1st October) and IHT 2014 – what all private client solicitors need to know (2nd October) will take place at the Glasgow Hilton from 9.45am – 1.15pm with each event attracting 3 hours CPD.

The price for one place on either event is £50 plus VAT or free for those who book a place on the Conveyancing Conference at Murrayfield Stadium on 28th October or the Private Client Conference at the same venue on 27th October.

For more information or to book, visit www.clt-scotland.co.uk, email enquiries@clt-scotland.co.uk or call 0141 225 6700.

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