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Published by: Scottish Legal News
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Scottish Legal News: Tuesday 11th October 2016







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Scottish Legal News Annual Review 2017: Submissions open!

It is that time of year already and work is now underway to produce next year's Annual Review for free distribution to Scotland's lawyers.
 
Our 100-page full-colour magazine will once again be packed with interesting and thought-provoking features from leading figures in the Scottish legal world and will also appear in a digital format.
 
If you would like to write an article for the Review or have a suggestion to make, please contact our assistant editor Kapil Summan. He can be contacted by email at: kapil@scottishnews.com or by phone on: 01382 427039
 
If you would like to be added to our distribution list or wish to amend the number of free copies received by your firm, please email our circulation manager Jim Rossjim@scottishnews.com.
 
Finally, if you would like to advertise in the Annual Review or have a proposal to discuss, please contact our advertising manager Jeff Anderson: email: jeff@scottishnews.com or phone: 01292 479443

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Latest News 

Man convicted of attempted rape wins appeal over sheriff’s misdirections

A man found guilty of assault with intent to rape who claimed that the sheriff misdirected the jury has successfully appealed against his conviction.
 
The Criminal Appeal Court ruled that a “miscarriage of justice” had occurred after the sheriff failed to give appropriate directions on the credibility and reliability of the complainer.
 
The Lord Justice Clerk, Lady Dorrian, sitting with Lord Menzies and Lady Clark of Calton, heard that the appellant Patrick O’Neill had also been found guilty of assault and being concerned in the supply of cannabis, and had pled guilty to a statutory breach of the peace.
 
The grounds of appeal were (i) that the sheriff erred in failing to direct the jury in relation to an inconsistent prior statement by the complainer to the police, which had been the basis for a significant part of the cross-examination, and referred to in the defence speech; and (ii) that in directing the jury in relation to distress, the sheriff had erred in failing to advise them that the distress required to be spontaneous, genuine and arising directly from the conduct complained of.
 
The court heard that certain aspects of the police statement put to the complainer in cross-examination were consistent with her evidence in chief, but that there were parts which were “incorrect as to the facts”.
 
The appeal judges noted that the sheriff gave conventional directions to the jury that evidence is what is said from the witness box, but made no mention of the statements which had been put to the complainer in this case, the effect of them, or the way in which the jury might use the evidence relating to them.
 
When the jury returned to ask if they could see the statement, the sheriff said “no”.
 
The sheriff also gave the jury relatively standard directions about corroboration, without explaining the extent to which distress might be used as corroboration.
 
She also failed to tell that it was essential for conviction to follow that they should find the complainer to be “credible and reliable” in the essentials of her evidence.
 
And, the sheriff’s directions as to the interplay between differing sections of the Sexual Offences (Scotland) Act 2009 and the verdicts available to the jury were rather “difficult to follow” – the advocate depute describing them as “impenetrable”.
 
Allowing the appeal, the court observed that the extent to which a trial judge may be required to give a direction on the issue of prior statements “will depend very much on the circumstances of the case, the content of the statements, and the evidence given in relation to them”.
 
However, Lady Dorrian added, the extent to which a direction might be required must also be seen “in the context of the charge as a whole”.
 
In the recent cases of Masocha and Moynihan the charge was “otherwise unblemished”, and in each case the trial judge had “clearly directed the jury” as to the need to accept the complainer as credible and reliable before they could convict.
 
Delivering the opinion of the court, the Lord Justice Clerk said: “In the present case, the charge was anything but otherwise unblemished. In the first place, there was no direction that, for conviction to follow, the jury required to accept the complainer as credible and reliable. Further, the directions suggesting that the crown case was to be approached as a circumstantial one, meant that the jury might have considered the evidence of the complainer merely to be one more element in that case to be weighed in the balance.
 
“When the jury asked about the statement they were told that they could not see it because ‘a witness’s evidence is what they said in the witness box’. Whilst this latter observation is correct as far as it goes, it at least ran the risk that, in the absence of a direction, the jury might think they were unable to use the statement even for the obvious purpose of a cross-check on reliability and credibility.
 
“Finally, the context was also of a charge which was, as a whole, confusing. The directions on the issue of distress whilst apparently a direction in favour of the defence, were nevertheless confusing, since the jury were told that the evidence was ‘available to you and relevant’ but they were left in the dark about what its possible relevance might be, in light of the direction which followed. The directions in relation to the permutations of verdict available to the jury on a simple charge of assault with intent to rape, were very difficult to follow.
 
“In all the circumstances therefore we are satisfied that this is a case in which a direction was required, that the misdirection in context was a material one and that a miscarriage of justice has occurred. We will accordingly allow the appeal in relation to ground 1.”

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Review into schoolboy stabbing recommends legal reforms

The independent review into the fatal stabbing of a 16-year-old at an Aberdeen school has recommended legislative changes to protect pupils.

The inquiry was led by Andrew Lowe, chair of child and adult protection for Renfrewshire (pictured).

Two of the 21 recommendations in Mr Lowe's final report, which has not yet been published, include:
  • The Scottish Government should improve the resilience of schools to the threat posed by weapons and give consideration to amending the law in relation to searching pupils.
     
  • The Scottish Government should explore the further legislative controls that can be brought to bear on the purchase of weapons online.
Justice Secretary Michael Matheson told BBC News that the Scottish government would consider the findings and report back in due course.

The report has not yet been published as the "narrative of his report setting out his findings contains a great deal of sensitive, confidential and legally restricted information", the Aberdeen Chief Officers Group said.

However, the Group said it is still committed to publishing the report after permission has been secured from individuals referenced in it.

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CMS combines with Nabarro and Olswang in largest UK legal merger to date

Partners at CMS UK, Nabarro and Olswang have voted to combine their firms to create what will become the world’s sixth largest law firm by headcount and sixth largest in the UK by revenue.

The merger, which is due to complete on 1 May 2017, will be the largest merger ever in the UK legal services market.

Nabarro and Olswang will join the CMS UK LLP partnership. The new firm will trade as CMS, and the name of the UK LLP will be CMS Cameron McKenna Nabarro Olswang LLP.

Penelope Warne, senior partner for CMS UK (pictured), said: "This is an important merger for our clients and for our people.

"For our clients we want to be a firm that delivers excellence, industry knowledge, thought leadership, and the exceptional talent that will help to meet their needs in a complex and changing business environment.

"And for our people, we want to be a firm that is dynamic, progressive, technology-led, with a good culture which supports diversity and inclusion and all aspects of our colleagues’ careers. We believe that if we can deliver on this vision we will be an even more successful, world-class firm."

Stephen Millar, managing partner for CMS UK, said the merger “presents a unique opportunity for us to create a new City of London and UK powerhouse, building on CMS’ deep City heritage and impressive international footprint”.

Andrew Inkester, managing partner of Nabarro, said: “This is a UK legal merger that makes sense. It creates a firm that is more than the sum of its parts, bringing together our market-leading expertise in six strategic sectors. Our international scale and ambition will deliver a global sector law firm to meet the future needs of clients and inspire our people.

“Our combined talent and economies of scale will also deliver the resources we need to invest in new technologies and transform the way we deliver legal services.”  

Paul Stevens, chief executive of Olswang, said: “We are delighted to be a part of this game-changing new business with CMS and Nabarro to form a top-quality, modern law business, which has superior client service and strategic sector alignment at its core.

“Together, we materially strengthen all of our practice areas in the context of a firm with 65 offices worldwide. This new partnership will provide our new firm's clients with a cutting-edge service in our strategic sectors as they grow their businesses and brands in the future."

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Lord Advocate in warning to perpetrators of hate crime

The Lord Advocate, James Wolffe QC (pictured), has welcomed the beginning of UK Hate Crime Awareness Week with a promise to use the full force of the law against hate crime.

Mr Wolffe is attending an event at Police Scotland College in Tulliallan on Friday to raise awareness of disability hate crime.

Mr Wolffe said: “All people in Scotland are entitled to live their lives free from violence, intimidation and prejudice. Crime motivated by hatred is an affront to the basic values of tolerance and respect which characterise modern Scotland. It is liable to create division and fear within and between communities.”

He added: “The prosecution service, along with Police Scotland, plays an essential role in creating an environment in which all people who live in Scotland, regardless of their personal or social circumstances, can have confidence that they live in a just society and that they will be protected from crime – and in particular from hate crime.”

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Number of homicides in Scotland falls to record low

The number of homicides in Scotland fell to their lowest on record last year, according to new figures published today.

There were 57 homicide cases recorded by police in Scotland in 2015-16, an 8 per cent fall on the previous year and 52 per cent down on the 119 cases recorded in 2006-07.

The number is the lowest for a single twelve-month period since 1976, the first year for which comparable data are available.

Justice Secretary Michael Matheson (pictured) said: “While it is encouraging to see continued falls in homicide cases alongside the long-term decline in violent crime, the sustained efforts that have helped achieve this – through education and enforcement – must continue, because each of the lives lost is one life too many.

“There is a clear role across a range of public services, in addition to the critical work of our police, to continue to support communities that may remain at risk from violent crime and to challenge irresponsible attitudes both to alcohol misuse and to so-called ‘casual’ violence.

“We will continue to work with partners and invest in a range of projects to help steer our young people away from the risks of a life of violence and crime, while also ensuring our law enforcement agencies and the courts have the powers and resources needed to deal with those who do harm to others.”

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LawCare marks World Mental Health Day

By Yvette Murphy

LawCare marked World Mental Health Day yesterday and is proud to have joined the thousands of supporters worldwide who observe the programme, designed to draw attention to mental health and how it affects people’s lives.

LawCare supports and promotes mental health and wellbeing throughout the legal community, and World Mental Health Day provides us with the perfect platform from which to raise awareness of the importance of wellbeing and how it impacts mental health.

What do we mean by wellbeing? It means different things to different people but, it’s about how we feel, how we think, our relationships, and how we find meaning and purpose in our lives. Research has shown that about 40% of our wellbeing is influenced by our choices and attitudes - how we approach relationships, our values and our sense of purpose.

There are five steps we can take to improve our wellbeing:
  • Connect –  with the people around us, our family, friends, colleagues
  • Be active – finding time for exercise
  • Keep learning - new skills can boost confidence
  • Give to others – just a simple kind word to someone can improve your wellbeing
  • Be mindful – be more aware of the present moment, including your feelings and thoughts, your body and the world around you
In a professional context wellbeing matters because it brings a number of benefits - greater self-esteem, optimism, resilience, vitality, self-determination, positive relationships with colleagues, better physical and mental health, greater motivation, greater creativity, and more productive work.  

But what is it about the culture and practice of law that can compromise wellbeing?  It’s not that lawyers are genetically predisposed to poor wellbeing; it’s about the culture of law, legal education and professional practice. The culture is one known for poor work/life balance, long hours, the competitive environment, and the fear of failure. We also know that driven and perfectionist personalities can be drawn to law.  

Lawyers are expected to cope with the demands of the job, and not coping can be seen as a sign of weakness: they can find it difficult to acknowledge that they may need support. This is where LawCare comes in: our staff and volunteers have experience in the law, and understand the legal environment.

Our key service is the Helpline. It is free, independent and completely confidential, 365 days a year. We also provide factsheets on topics such as stress, anxiety and depression, and they are available on our website.  

The law is a rewarding and stimulating career. LawCare wants to ensure that the working culture enables lawyers to have fulfilling and healthy professional lives where wellbeing is valued. We are striving for a legal community that talks openly about mental health so that these issues come out of the shadows.  

You can contact the Helpline on 0800 279 6888 or visit www.lawcare.org.uk

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Roundtable of children's rights in Scotland

Lawyers with an interest in children’s rights are being invited to a roundtable event on using the law and human rights to advance policy.

Clan Childlaw, which provides children and young people throughout Scotland with free information about the law and their rights, is bringing together voluntary organisations, lawyers and other professionals working in children’s rights on the afternoon of Wednesday 26 October.

Speakers will include Morag Ross QC, and while it is free to attend, places are limited. Full details are available on the Clan Childlaw website.

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TFC: Next stops Inverness and Aberdeen

Following a successful event in Oban, Terra Firma Chambers are looking forward to the next stops on their ‘Autumn Tour’ - Inverness on 26th October and Aberdeen on the 27th. These events are part of TFC’s ongoing commitment to strengthening links with law firms and direct access organisations throughout Scotland.
 
Members of Terra Firma will present the following talks at each event:
  • Adults with Incapacity: Challenges and Case Review
  • Contract and Company Law Update
  • Judicial Review: New Procedure and Practice
  • Contentious Executry Update
Thanks for sponsorship from Wesleyan, there is no charge for attendance at these events and each has been accredited for 2 hours of CPD by the Faculty of Advocates. Registration will be from 3pm, with the talks starting at 3.30pm. The events will be followed by a drinks reception at 5.30pm.
 
For further information, please visit http://www.terrafirmachambers.com/seminars.html. To reserve your space, please email seminars@terrafirmachambers.com

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England: Internet users who incite harassment to face prosecution

Internet users who incite people to harass others online could face prosecution under new guidance adopted by the Crown Prosecution Service (CPS).

The Director of Public Prosecutions, Alison Saunders, told BBC Radio 4's Today programme: "The internet's not an anonymous place where people can post without any consequences. People should think about their own conduct.

"If you are grossly abusive to people, if you are bullying or harassing people online, then we will prosecute in the same way as if you did it offline."

The new guidance could also lead to prosecution for those who create derogatory hashtags or post manipulated images to humiliate people.

However, Ms Saunders said there would be a "high test" for prosecution, as content posted online would have to be "grossly offensive".

The CPS also said it would not prosecute instances of "sexting" between consenting teenagers if there was no coercion or exploitation.

Ms Saunders said: "If they are children, they are the same age, there's no suggestion or any coercion or bad motives, then we would not expect that case to be prosecuted.

"It shows you how careful you have to be about the context of it."

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Class action against RBS's GRG to become multi-billion pound as numbers soar on leaked docs

RGL Management Limited, the group gearing-up to launch a class action lawsuit against Royal Bank of Scotland over the conduct of its disbanded Global Restructuring Group, has said its numbers and value will soar after internal documents containing damning revelations were published.

RGL had recently set out its stall to launch a legal claim against RBS early next year on behalf of around 140 businesses following a publicity drive that had seen it add around 100 new claimants to its numbers.

Those firms already signed up are pursing claims on average of £6-7 million.

However, that is now expected to swell to more than 1,000 as a result of the data leak reported by the BBC and BuzzFeed News yesterday that appeared to prove claims long denied by still 73 per cent state-owned RBS that it deliberately set out to profit from its own business customers by forcing them to the wall then stripping them of their assets.

RGL, which is being funded by professional litigation investors, was formed in February this year claiming that Edinburgh-based RBS “systematically sought to defraud its customers for its own commercial purposes”.

RGL chief executive James Hayward said: “Many of the victims of GRG have claims that are time-barred. But those claims can be resurrected by virtue of RBS’s concealment of the true nature of GRG’s activities.

“It will be forcefully argued that insufficient knowledge was publicly available as to the truth of what happened until the 2013 publication of the Tomlinson report.

“Consequently, limitation ought not to run against these claims until six years from November 2013.

“Although heavy resistance from RBS is expected, there is reason for confidence. The allegations that will unfold in this litigation will be disturbing for the bank and will continue to cast a shadow over its attempts at reconciliation with its customer base.”

The class action will also claim GRG targeted “asset-rich” small to medium-sized enterprises (SMEs) on an “often invented” pretext to then “hit them with heavy fees, placed them into a manufactured insolvency process and then in many cases obtained their key assets at undervalued rates”.

Jon Pain, RBS’ chief conduct and regulatory affairs officer, told The Herald: “RBS has been very clear that GRG’s role was to protect the bank’s position, where possible by working with distressed businesses to return them to financial health.

“In the aftermath of the financial crisis we did not always meet our own high standards and we let some of our SME customers down.

“We have found no evidence that the bank either inappropriately targeted such businesses to transfer them to GRG or drove them to insolvency. Nor did it buy their assets at a lower than market price.”

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Workers on average earnings ‘priced out of housing market’ in 21 council areas

The GMB union has called for a “massive” housebuilding programme to get underway “without delay” after a report by the union found that workers on average earnings in Scotland are priced out of the housing market in 21 out of 32 local authority areas.

Published yesterday, the report shows current average house prices in the country are between 3.7 and 7.6 times average earnings.

According to the report, the average house price in July 2016 in Scotland as a whole was £143,711 which is 5.2 times the average full time earnings of £27,732. House prices are rising at a much faster pace than earnings with the house price to earnings ratio now 7.8 on average across the UK. Average house prices in Scotland increased by 3.4 per cent in the year to July 2016.

The situation is most extreme in Edinburgh where average house prices are 7.6 times average earnings, 7x in East Lothian, 6.7x in Stirling, 6.6x in Perth and Kinross and 6.5x in Aberdeenshire.

A ratio of 4.5 times a borrower’s income is regarded as the maximum that banks and building societies will lend.

Set out in the table below are house price data and average earnings for all authorities in Scotland ranked by areas with the highest ratio.
 
    Average property price - July 2016 Median full time earnings - 2015 ratio
  Scotland £143,711 £27,732 5.2
         
1 City of Edinburgh £227,580 £30,033 7.6
2 East Lothian £203,315 £29,233 7.0
3 Stirling £177,983 £26,394 6.7
4 Perth and Kinross £162,194 £26,634 6.6
5 Aberdeenshire £197,724 £30,392 6.5
6 East Renfrewshire £216,382 £34,772 6.2
7 East Dunbartonshire £199,026 £32,016 6.2
8 Aberdeen City £178,977 £30,204 5.9
9 Scottish Borders £147,438 £25,416 5.8
10 Midlothian £153,301 £26,885 5.7
11 Highland £154,080 £27,199 5.7
12 Shetland Islands £164,005 £29,413 5.6
13 West Lothian £144,532 £26,340 5.5
14 Moray £141,299 £26,064 5.4
15 Angus £139,269 £26,412 5.3
16 Dundee City £121,219 £24,090 5.0
17 Argyll and Bute £131,455 £26,425 5.0
18 Dumfries and Galloway £116,345 £23,862 4.9
19 Orkney Islands £122,202 £25,750 4.7
20 Eilean Siar £114,625 £24,357 4.7
21 Fife £125,085 £27,138 4.6
22 Clackmannanshire £118,335 £26,546 4.5
23 Glasgow City £119,466 £27,417 4.4
24 South Ayrshire £127,422 £29,591 4.3
25 South Lanarkshire £117,667 £28,192 4.2
26 Falkirk £112,692 £27,001 4.2
27 Renfrewshire £93,529 £28,032 4.0
28 North Ayrshire £100,598 £25,585 3.9
29 Inverclyde £105,114 £27,071 3.9
30 North Lanarkshire £101,800 £26,293 3.9
31 West Dunbartonshire £100,779 £26,966 3.7
32 East Ayrshire £94,066 £25,579 3.7

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Harper Macleod continues partnership with leading Paralympian

Paralympian Samantha 'Sammi' Kinghorn, Scotland's leading wheelchair racer, has signed up as Harper Macleod's Athlete Ambassador for the fourth year in a row.

The firm's relationship with Sammi began after the firm became legal advisers to the Glasgow 2014 Commonwealth Games and they supported the then 17-year-old as she prepared for her first major international event.

Sammi said: “I honestly wouldn't be where I am today without all the help and support I've received from Harper Macleod and I'm extremely grateful that they are continuing to back me.

"I feel like part of the firm and as well as loving the fact that Team HM across the country is cheering me on, it has been a great learning experience to carry out the ambassador role.

“I've grown a lot on and off the track since we began and hopefully the next year will bring even more great experiences for us all."

Martin Darroch, chief executive of Harper Macleod, called her a "tremendous ambassador for the firm".

Mr Darroch added added: "The next year will be significant for Sammi and we know that, in terms of travel, equipment and training, it involves a huge commitment from her and her family.

"However, she is completely driven to succeed and we are delighted to continue to support her as she strives to achieve even more."

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Shepherd and Wedderburn triumph in charity quiz


Shepherd and Wedderburn have been crowned Scotland’s brainiest business after winning the Marie Curie Glasgow Brain Game.

Celebrating its tenth year, the fundraising quiz and dinner took place on Thursday 6 October at the Kelvingrove Art Gallery and Museum. 450 guests joined hosts Judith Ralston and John Beattie raising a record-breaking £136,000 for Marie Curie, the terminal illness charity.

A team of ten staff from Shepherd and Wedderburn battled it out against 43 other teams, beating off stiff competition from The Voodoo Rooms in second place and third place recipients STV.

The event was organised by a committee chaired by Carole Haddow, Director at Penhurst Associates, and sponsored by Arnold Clark, WH Malcolm Group, McTear’s Auctioneers and The Leven Car Company.

Georgina Bushell, partnerships manager at Marie Curie, said: “Every year the competition is fierce and it’s a hugely entertaining night with even more teams vying for the trophy. The live organ music round is a particular highlight.

“Shepherd and Wedderburn are worthy winners and a huge thank you to them and all our guests. Their support equates to seven families receiving a year of vital care and support from our Marie Curie Nursing Service.”

Andrew Hall, team captain and partner at Shepherd and Wedderburn, said: “It was great to be part of this thoroughly enjoyable event, particularly so when it raised so much money (£136,000) for such a truly deserving cause.

“Team Shepherd and Wedderburn is delighted to have won. Undoubtedly the help of our guests on the night–EY, Wylie & Bisset, Scottish Power, Miller Homes and Land Synergy Developments–pushed us forward to victory.”

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And finally... all shook up

The founders of Aberdeenshire brewery BrewDog have changed their first names to Elvis after being threatened by Elvis Presley's estate.

The brewery was told it could face legal action from the American musician's estate over the name of its grapefruit and blood orange IPA, Elvis Juice.

But its founders disagree that the name belongs exclusively to the late celebrity rocker and changed their names by deed poll to prove their point.

Elvis Watt said: “We’re Caught In A Trap and suggest the grey-suited Hound Dogs at the Presley estate recognise that the name Elvis is not exclusive.

“So, in an effort to Patch It Up, we’ve changed our names to highlight our Burning Love for the best grapefruit IPA out there.

“From this point forward, Elvis Juice is named after us, the brewers formerly known as James and Martin. We may even file a case against Mr Presley for using our names on all his records without our written permission.”

Elvis Dickie added: “We would like to recommend that Presley’s Estate diverts its attention to another potential source of quick remuneration: a brewery that calls itself ‘The King’ of beer.”
  • Contributions from SLN readers to our “And finally” section are welcome – they should be sent to: newsdesk@scottishnews.com

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Advertorial: Frasia Wright Associates approach 21st Anniversary…!!

Over these last 21 years, Frasia Wright Associates have enjoyed working with lawyers throughout their careers, from starting out as NQ lawyers, facing uncertainty about their career path, to returning as recruiting partners, now responsible for the direction of the new generation of lawyers. It has been FWA’s challenge to continually meet the needs of the changing face of the legal profession. Many of their clients have also been on a journey of business development, through mergers and demergers, expansion into new areas of business across the UK and overseas or moving to specialist practice status.

And it’s been quite a journey!

Frasia Wright, an accountant by profession, has been involved in legal recruitment since 1988. Having also worked in both New York and London, she is today recognised as having the longest track record in Scottish legal recruitment since establishing FWA in 1995, where her name is synonymous with professional integrity and confidentiality. FWA began in response to a gap in the legal recruitment market for realistic recruitment advice that was both commercially aware and ethical.  They are delighted to say that this is still what they are about.

Frasia and her team, Cameron, Laura and Teddie, understand that finding the right person for any job requires more than the simple exchange of CVs, they have the skills and knowledge to provide a relevant and effective service. As a niche consultancy, their expertise and market knowledge allows them to make an enhanced offering to their clients and candidates.  

FWA would like to thank their clients and candidates for choosing to work with them and they look forward to the next 21 years of working with you.

www.frasiawright.com         01294 850501

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Traineeships

A bright future awaits Maclay Murray & Spens legal trainees

A legal training contract with Maclay Murray & Spens LLP (MMS), a full service, independent commercial law firm with a significant national, European and international client base, offers legal trainees an opportunity to become a professional lawyer and fulfil their potential within a highly stimulating environment.
 
With offices in Aberdeen, Edinburgh, Glasgow and London, the firm offers more than 20 specialist areas, including banking and finance; capital projects; commercial dispute resolution; construction and engineering; corporate; employment; pensions and benefits; energy; European Union; competition and regulatory; food and drink; financial services; housing and care; intellectual property and technology; mining; oil and gas; planning and environmental; private client and charities; property; public sector; and tax.
 
A training contract with MMS will be varied, eventful and rewarding. It will provide you with a very broad range of practice experience, including, legal writing, drafting, research work, and an element of client contact.  The programme operates over two years and consists of three eight-month seats.
 
MMS seeks high calibre individuals with alert and enquiring minds and a keenness to learn.  You will have first class communication skills with the ability to operate under pressure.  You should have the ability to work effectively in a team environment, along with a sense of humour.
 
The firm will be attending the following law fairs in the run-up to the closing date for applications, which is Monday 10 October 2016:
 
University of Edinburgh Law Fair - 21 September 2016
University of Dundee Law Fair - 22 September 2016
University of Strathclyde Law Fair - 28 September 2016
University of Aberdeen Law Fair - 29 September 2016
University of Glasgow Law Fair – 6 October 2016
 

Trainees will get a chance to meet representatives from MMS, chat to some of their current trainees and learn more about the trainee programme.
 
If you are interested in a traineeship at MMS, please complete and submit your application form at https://jobs.mms.co.uk/traineeship.aspx.

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Jobs

Senior Solicitor/Associate – Morton Fraser

Senior Solicitor/Associate - Private Client, Edinburgh

Morton Fraser is a thriving, top ten Scottish law firm, delivering clear advice to businesses, the public sector, families and individuals. We believe in open lines of straightforward communication, and that the best relationships are built on clarity, trust and understanding. Our clear and straight talking approach coupled with care and attention to detail are what sets us apart. Find out more about our great total reward package or find out more about working life at Morton Fraser please visit us here.
 
The role

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; executry administration (dealing with deeds of variation) and creation/administration of trusts.

Key Tasks
  • Advising clients on matters relating to Wills, tax and estate planning, Powers of Attorney, Trusts, Executries and Guardianship.
  • 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.
Qualifications and Experience
  • PQE at least 4 years.
  • You can take responsibility for your own clients (primary point of contact) and manage those cases with reference to the partner or associate where appropriate.
    • Pro-active in the financial control of all your own and team matters, including accurate time recording and prompt feeing.
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.
Please apply on Morton Fraser’s website: https://www.morton-fraser.com/solicitor-job-vacancy-private-client

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Marketing Executive – Morisons

Salary:             Negotiable, depending on experience

Position:          Full time, permanent

Location:          Glasgow

An opportunity has arisen for an experienced Marketing Executive to join a progressive Scottish law firm. 

We are looking for an enthusiastic, professional with an outgoing and can-do attitude who has an excellent understanding of how to develop new business. 

With proven organisational and effective time management skills, theideal candidate should have a strong IT knowledge, including working knowledge of the benefits of social media as a business tool.  They should be comfortable working on their own initiative and be a self-motivated individual who is also a strong team member.   Previous experience working within a law firm is desirable but not essential. 

Reporting to the Managing Partner, your responsibilities will include: 

·         Developing and maintaining the sales and marketing collateral required to engage and secure new business, including toolkits, brochures, letters and other publicity materials

·         Using appropriate methods of communication to market the services of the Firm

·         Undertaking desktop and secondary research to identify prospects and key relevant bodies and organisations with which the Firm wishes to  engage

·         Contributing to the development, and maintain a sales pipeline for prospects

·         Actively maintaining, updating and developing the Firm’s social media suite including aspects of the website, Twitter, and Linkedin; engaging with partners and fee earners and other stakeholders to ensure a current and responsive approach

·         Providing full administration support to the marketing committee maintaining records of meetings

·         Monitoring national, regional and local press contacts and news and other relevant developments to report throughout the Firm

·         Supporting colleagues within the Firm as required and undertake any additional tasks as directed by the Managing Partner.

If you would like to work as part of our team, please forward your CV to peter.duff@morisonsllp.com


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Team Leader – Aberdeen City Council

Team Leader – Licensing, Legal Services
ABC01932
£40,327 - £46,099 pa
Full Time, Permanent
Marischal College, Aberdeen
 
Closing Date: 23rdOctober  2016
 
Aberdeen City Council has recently modernised the way it delivers its in-house legal service which has seen the creation of five teams having an expertise in the areas of Property, Governance, Litigation, Planning & Environment and Licensing. These teams collectively provide legal and commercial advice to the Council and some public sector partners. Aberdeen City Council is one of Scotland’s largest councils and this is an exciting time to work for Legal Services. As a member of the Legal Services Leadership Team, the successful candidate will work in partnership with other Team Leaders in the service to help ensure that Legal Services operates with a “one team” approach to deliver a first class service to our customers, both internal and external.
 
The Licensing Team provides clerking and secretariat support and Licensing advice to the Licensing Board and Licensing Committee, elected members and members of the public. Experience in the above areas is desirable but other areas of experience in drafting, representation and advising committees would be beneficial.
 
The Service aims to deliver a ‘right first time’ and solution focused legal service working with its clients to innovate, modernise and transform the way that Legal Services does business. We are looking for a commercially focussed candidate who has, and can demonstrate, strong abilities to manage, lead, develop and support the Licensing Team to meet the demands of the Council in delivering ambitious projects with the aim of improving the customer experience – one such project already underway is the development of an online platform for licensing applications. The candidate will also provide support to other council services in the delivery of high profile city projects such as the Winter Festival.
 
Aberdeen City Council also offers favourable terms and conditions including flexible working and salary sacrifice schemes. 
 
For more information on the vacancy, please don’t hesitate to contact Elaine Falconer, Legal Manager on 01224 522242 or at efalconer@aberdeencity.gov.uk or Jess Anderson, Legal Manager on 01224 522553 or at JeAnderson@aberdeencity.gov.uk

To apply for this post, go to:
https://www.myjobscotland.gov.uk/councils/aberdeen-city-council/jobs/team-leader-licensing-62751

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Solicitor – Aberdeen City Council

Solicitor – Governance Team, Legal Services
£34,901 – £39,904 pa
Part Time, Fixed Term
Marischal College, Aberdeen
 
Closing Date: 23rdOctober  2016
 
Aberdeen City Council has recently modernised the way it delivers its in-house legal service which provides legal and commercial advice to the Council and public sector partners. Aberdeen City Council is one of Scotland’s largest councils and this is an exciting time to work for Legal Services where successful applicants will have the opportunity of being at the heart of some of Scotland’s most exciting projects including the delivery of the City Region Deal and the new Aberdeen Exhibition Conference Centre.
 
We currently have a fixed term maternity cover vacancy (for up to 52 weeks) for a Solicitor in our GovernanceTeam.
 
The remit of the Teams is:
 
Governance – This team provides legal advice and support in the areas of Data Protection, Freedom of Information, Trust and Charity Law, State Aid, Surveillance Law, and advising a variety of committees and panels.
 
Aberdeen City Council also offers favourable terms and conditions including flexible working and salary sacrifice schemes. 
 
For more information on the vacancy, please don’t hesitate to contact Elaine Falconer, Legal Manager on 01224 522242 or at efalconer@aberdeencity.gov.uk or Jess Anderson, Legal Manager on 01224 522553 or at JeAnderson@aberdeencity.gov.uk
 
To apply for this post, go to:
https://www.myjobscotland.gov.uk/councils/aberdeen-city-council/jobs/solicitor-62752

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Paralegal – Aberdeen City Council

Paralegal- Property Team, Legal Services
£23,588 - £26,936 pa
Part Time, Fixed Term
Marischal College, Aberdeen
 
Closing Date: 23rd October  2016
 
Aberdeen City Council has recently modernised the way it delivers its in-house legal service which provides legal and commercial advice to the Council and public sector partners. Aberdeen City Council is one of Scotland’s largest councils and this is an exciting time to work for Legal Services where successful applicants will have the opportunity of being at the heart of some of Scotland’s most exciting projects including the delivery of the City Region Deal and the new Aberdeen Exhibition Conference Centre.
 
We currently have a fixed term maternity cover vacancy (for up to 52 weeks) for a Paralegal inour Property Team.
 
The remit of the Teams is:
 
Property Team- This team deals with sales and purchases of residential and commercial properties, title checks and reports, Standard Securities, Wayleaves and Servitudes, grant agreements and general advice relating to all property law matters.
 
Aberdeen City Council also offers favourable terms and conditions including flexible working and salary sacrifice schemes. 
 
For more information on the vacancy, please don’t hesitate to contact Elaine Falconer, Legal Manager on 01224 522242 or at efalconer@aberdeencity.gov.uk or Jess Anderson, Legal Manager on 01224 522553 or at JeAnderson@aberdeencity.gov.uk
 
To apply for this post, go to:
https://www.myjobscotland.gov.uk/councils/aberdeen-city-council/jobs/paralegal-legal-services-62769

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Volunteer Board Members – Wishaw and District Housing Association

Wishaw and District Housing Association is a non-profit making registered social landlord operating within defined boundaries in Wishaw and surrounding areas
Our primary aim is to provide quality, affordable homes for rent.
 
We currently own 977 houses, co-own a further 47 and factor 372 in the following areas: Central Wishaw, Cambusnethan, Coltness, Pather, Craigneuk, Flemington, Muirhouse, Netherton, Newmains, Shotts and Harthill.
 
Wishaw & District Housing Association have recently been escalated to High Engagement with the Scottish Housing Regulator due to concerns surrounding  land purchase in 2010 and subsequent  development plans for this site.
 
The Regulation plan highlighted that Wishaw & District HA needs to strengthen its financial planning, governance and risk management .
 
Wishaw & District HA are working with the Scottish Housing  Regulator to address these areas.
 
We are currently  looking to recruit 2  new volunteer member to our Board of Directors.  We currently have 11 volunteer members on our Board of Directors and would welcome applications from individuals who may have either :- 
  • Governance experience.
  • Finance experience.
  • Risk Management Experience
  • Business experience.
  • Experience of working on a voluntary committee.
  • Wishaw & District Housing Association resident. 
We have 10 scheduled meetings (generally the 4th Tuesday each month) between now and July 2017.
 
If you are interested in applying for this voluntary position, please contact the office by telephone 01698-377200, by text message 07529-777345 or by email assoc@wishawdha.org.uk and an application pack will be sent to you. 
 
The closing date for applications  is 12 noon on Thursday 20th October 2016.

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Solicitor Posts – Scottish Social Services Council

£32.5k - £37k
1 x permanent post (35 hours per week)
1 X permanent part time post (28 hours per week)
1 x temporary part time post (23 hours per week for up to 6 months)
 
We are looking to recruit a permanent solicitor to join our Fitness to Practise department.  In addition to this post we also have a permanent part time position available (28 hours per week) and a temporary part time position available (23 hours per week) for up to six months.
 
Working within a busy team you will: 

  • investigate allegations about social service workers
  • assess evidence
  • carry out risk assessments and make decisions on them
  • conduct contentious sub-committee hearings involving the leading of evidence and legal debates
  • conduct sheriff court appeals
  • draft written pleadings or equivalent
  • provide legal advice on the power, duties, procedures and responsibilities of the SSSC. 
You must have: 
  • eligibility to hold a full Practising Certificate issued by the Law Society of Scotland
  • experience of court, tribunal or regulatory appearance work
  • experience of interviewing witnesses and taking statements
  • experience of assessing or advising on risk
  • experience of assimilating, assessing and distilling complex and lengthy information. 

To apply and to find out more about us please visit our website – www.sssc.uk.com or visit us at facebook.com/thesssc and on Twitter @SSSCnews.
 
Please send your completed application form to recruitment@sssc.uk.com by 10am on 28 October 2016 quoting ‘Solicitor’ as the email subject. Please also state which post/s you would like to be considered for.  Application forms are available in the related publications section.
 
Interviews are likely to be held week commencing 31 October.

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Solicitor – Kennedys

 
Job Title: 
 
Solicitor
Division:
 
Insurance
Office:
 
Edinburgh
Kennedys’ Firm information:
Kennedys is an international law firm with specialist expertise in litigation/dispute resolution and advisory services. Our growing network of offices delivers straightforward legal solutions to the insurance, corporate and public sectors.

Kennedys opened in Scotland on 12 January 2015 with offices in Edinburgh and Glasgow.  Since then the firm has gone from strength to strength and now has 2 partners, 1 Senior Associate, 5 solicitors and support staff. In Edinburgh we have moved to a stunning new office beside the Union Canal at Edinburgh Quay.

Brief Description of Role:
Kennedys Edinburgh is looking for a newly qualified solicitor to join our insurance team headed up by Frank Gill.

Team Information:
The insurance team in Kennedys Edinburgh consists of 1 partner, 3 solicitors and support staff.
 
Type of Clients: Insurers, Brokers, Accountants, Private Individuals, SMEs
 
Type of Cases:
 
 
Defending professional negligence claims
Commercial disputes
Advising clients on licensing, regulatory matters and professional discipline
Media & Defamation
Requirements
Qualifications:  
Essential: Scottish Qualified Solicitor.
Desirable: Strong Academics (2.1 or above) or equivalent.
   
Experience:  (Type, length, quality, background)
Essential: 0 – 2 years’ litigation experience*.
Knowledge of the procedures in the Court of Session and Sheriff Courts.
Some Sheriff Court advocacy experience.
Experience of instructing Counsel and attending Consultations.
Desirable: To have had some experience of professional negligence claims.
To have had previous client contact and attendance at business development events.
Experience of arbitration and negotiation.
Skills and Abilities: (Technical, self-management, managing others)
Essential: Ability to apply a commercial approach to claims in order to deliver economic solutions.
To be proactive and take initiative.
Strong communication skills both verbal and written.
Ability to manage own time, excellent organisation skills.
Strong technical and research skills.
Attention to detail.
     
*Where a level of experience is indicated, this is a guideline only and represents the amount of time we would usually expect a candidate to accumulate the requisite level of experience. This does not preclude applications from candidates with more or less experience. 
 
Personality:  

Essential:
Flexible attitude towards working practices and ability to adapt style as required.
Confident in their own abilities and in their approach.
Team player.

To be approachable and responsive to both colleagues and clients.
To be accountable and straightforward.
To be professional and courteous in all dealings.
Self-motivated and enthusiastic.

APPLY HERE




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Senior Marketing Executive – Gillespie Macandrew


Gillespie Macandrew is a well established and forward thinking Scottish law firm committed to an ambitious programme for growth and expansion. Best known for its strong reputation in land & rural business, private client, charities and various commercial sectors, we offer advice to businesses, individuals, families and associated trusts and charities.
 
We currently have a new opportunity for a Senior Marketing Executive to join our firm. Working closing with senior personnel the successful candidate will contribute to the development, planning and execution of various marketing strategies promoting the firm’s brand, its services, products and people.    
 
The key duties of the role are:- 
  • Day to day management of the marketing team
  • Implementation of internal and external communication through PR activity, website, publications and events
  • Manage key suppliers and associated marketing contracts
  • Budgetary Management
  • Planning and development of editorial and social media content across a variety of communication channels
  • Work with CEO and team to establish marketing objective and measures.
  • Assist in maintaining and updating the marketing database ensuring effective use
  • Assist with the production and management of branded marketing collateral from design to print/publication ensuring consistency of appearance
  • Preparation and co-ordination of Legal directory submissions
  • Report on marketing initiatives to CEO, Board and the Firm 
We are looking for a motivated, pro-active and highly organised team player with excellent communication skills and the confidence to build and maintain collaborative working relationships both with internal and external parties.  The ideal candidate will have a professional qualification in marketing or related area, have a minimum of 3 years experience within a professional service environment and be proficient in the use of Microsoft Office, Social Media and CRM systems.  In addition you will demonstrate the ability to apply and deliver a creative approach to the role. 
 
This is an excellent opportunity for the right candidate to develop their career in a professional and rewarding environment.  A competitive salary and benefits package is offered.  If you are interested in applying for this role, please send a full CV stating current remuneration to recruitment@gillespiemacandrew.co.uk
 
Gillespie Macandrew LLP is committed to providing equal opportunities in employment and demonstrating that we value the diversity of our workforce.

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Senior Business Development Executive – Gillespie Macandrew

 
Gillespie Macandrew is a well established and forward thinking Scottish law firm committed to an ambitious programme for growth and expansion. Best known for its strong reputation in land & rural business, private client, charities and various commercial sectors, we offer advice to businesses, individuals, families and associated trusts and charities.
 
We currently have a new opportunity for a Senior Business Development Executive to join our firm. The successful candidate will support the firm in identifying market opportunities to maximise the generation of fees and accelerate growth working closely with key personnel to develop and implement sector business and marketing plans.
 
The key duties of the role are:-
 
  • Work with departments and sector groups to provide professional guidance and support on business development initiatives at an operational level
  • Undertake research and conduct analysis on clients, targets, markets and competitors
  • Project manage the implementation of thought leadership campaigns
  • Day to day management of the business development team including reporting on BD initiatives and activities
  • Work with CEO and team to establish BD objective and measures
  • Submit regular data to legal league tables to drive firm profile including liaising with Marketing Team on legal directory submissions
  • Assist in the development and implementation of events from proposal to delivery
  • Budgetary Management
  • Interact with clients to better understand requirements as part of pitch/tending process and target initiatives
  • Manage key suppliers and associated BD contracts
 
We are looking for a motivated, pro-active and highly organised team player with excellent interpersonal skills, gravitas and the ability to build and maintain collaborative working relationships both with internal and external parties.  The ideal candidate will have a professional qualification in Business Development or related area, have a minimum of 3 years experience within a professional service environment.  Strong communication skills are essential with the ability to draft and edit copy proposals, pitch documents and create headline messages to provide impact and clarity
 
This is an excellent opportunity for the right candidate to develop their career in a professional and rewarding environment.  A competitive salary and benefits package is offered.  If you are interested in applying for this role, please send a full CV stating current remuneration to recruitment@gillespiemacandrew.co.uk
 
Gillespie Macandrew LLP is committed to providing equal opportunities in employment and demonstrating that we value the diversity of our workforce.

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Contracts Manager – University of Edinburgh

Contracts Manager
£32,004 - £38,183
Fixed-term until April 2019


The Data Lab is recruiting a Contracts Manager to support the £11.3M Centre by providing contractual and intellectual property support for The Data Lab and the University of Edinburgh for the wide range of projects and partnerships which The Data Lab supports and/or funds.

This will include overseeing the contracting process for both projects funded by The Data Lab, and for projects that The Data Lab participates in with external partners: you will work with a wide range of industrial, academic and public sector partners and stakeholders across Scotland and the UK.

The Data Lab is one of eight Innovation Centres in Scotland, funded with an £11.3M grant from the Scottish Funding Council to generate significant economic, social and scientific value from data. Hosted by the University of Edinburgh, The Data Lab enables industry, public sector and world-class university researchers to innovate and develop new data science capabilities in a collaborative environment.

This post will be based in either Aberdeen or Glasgow. We are happy to receive applications from people who would be interested in this role on a part-time basis. 

Please state your preferences in your application.
Closing date: 13 October 2016 at 5pm GMT

To apply please click here.

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Commercial Solicitor – Macleod & MacCallum

We have an excellent opportunity for an assistant solicitor with experience in, primarily, commercial property to join Macleod & MacCallum. We have a well-established and varied client base throughout the Highlands & Islands and provide quality commercial advice in all areas of their business.
 
This is a permanent position and a great opportunity to join an evolving firm with genuine career prospects.  
 
The successful candidate will be able to work independently and take on responsibility for their own workload.
 
We are seeking someone with experience of working in all aspects of commercial conveyancing.   The role will include, but not be limited to:- 
  • Buying and selling development land
  • Buying and selling commercial properties
  • Commercial leasing
  • Bank security work
  • Buying and selling commercial businesses 
Salary will be commensurate with experience.

Closing date: Friday 14thOctober.
 
If you would like to discuss the role, make an application or have any questions please contact Corra Irwin on 01463 258028 or email corra.irwin@macandmac.co.uk

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Criminal Defence Solicitors – Public Defence Solicitors' Office

Criminal Defence Solicitors
£31,170 - £40,640
 
The Public Defence Solicitors' Office is looking for solicitors to join our team within the Central belt as well as one solicitor working throughout Scotland on a peripatetic basis. In any of these roles, you would be expected to provide high quality criminal legal defence services in the summary and solemn courts.
 
With a full, post-qualified and unrestricted practising certificate from the Law Society of Scotland, you will have a current valid driving licence; at least a year of criminal court experience in Scots Law; and a minimum of 1 full year of experience in advising and assisting suspects in police detention. Computer literacy in Word, Excel, time and case recording would be highly desirable.
 
In return our benefits package includes a competitive holiday entitlement and a contributory defined benefit pension scheme. Visit www.slab-vacancies.org.uk for further information and to apply online. For assistance, email recruitment@slab.org.uk, or phone 0131 240 2027.

Completed applications should be returned by
 midnight 17 October 2016.
 
NB Unless you have advised to the contrary we will assume that you are interested in any of these vacancies. Interviews will likely be held at SLAB’s Headquarters in Edinburgh at short notice after the closing date.

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Panel Members – School Closure Review Panels

School Closure Review Panels are independent statutory bodies which have been created to enhance and strengthen the process of local authority school closures in Scotland. On 30 March 2015 the School Closure Review Panels took over responsibility from the Scottish Ministers for reviewing and determining local authority school closure decisions which are called-in. The Panels received their powers through amendments to the Schools (Consultation) (Scotland) Act 2010.
 
Panel Member duties and responsibilities
The Convener is responsible for appointing and maintaining a pool of people who will be eligible to be School Closure Review Panel members, who will be selected to serve on individual Panels as required. The Convener is recruiting some new members to be part of this eligible pool of individuals. The Convener is responsible for providing leadership and support to Panel Members as they deliver their statutory responsibilities.
 
The Convener is required to select 3 members from the pool of suitable experiences members to form a School Closure Review Panel to determine each case, and to identify a Chair for each individual Panel. Responsibility for the review of a closure proposal, once it has been called-in, and for its determination, lies with the School Closure Review Panel. The Convener is not directly involved in Panel decisions, but does co-ordinate the work of the Panels. Although difficult to predict, it is estimated that no more than five or six proposals a year would be called in and referred to the Convener. In 2015, only two proposals were called in. For some proposals, the Panel may require additional advice from Education Scotland, or from other stakeholders. Administrative support, based in Edinburgh is available to Panels.
 
Skills, knowledge and experience required
The successful candidate will be able to demonstrate: 
  • evidence of managing tasks involving reading complex written documents and working to deadlines;
  • experience of making effective and reasoned decisions;
  • the ability to produce high quality written work and to have good verbal communication skills;
  • the ability to work well with others as part of a team; and
  • some awareness of the issues involved in school closure consultations in Scotland. 
Evidence of legal experience is also highly desirable.
 
Remuneration
Remuneration of £200 per day (which is non-pensionable) is payable. Allowances at rates set centrally for any travel and subsistence costs necessarily incurred on School Closure Review Panel business will be reimbursed.
 
Time commitment
Ideally, you should be able to make a firm commitment to spend up to 10 days per year on Panel business. This time will be a mix of training; Panel meetings; reading documents; analysis and decision making.
 
Location of meetings
Administrative support for the Panels is based in Edinburgh, and induction and other training is likely to take place in Edinburgh, too. Much of the work of School Closure Review Panels, once convened, can be performed remotely and meetings can be arranged at locations which are convenient to the members.
 
Additional information
You are disqualified from being appointed as a Panel Member if you are a member of: 
  • the Scottish Parliament;
  • the House of Commons;
  • the House of Lords;
  • the European Parliament; or
  • a local authority 
To apply, please submit a covering letter and CV to admin@scrp.scot. In addition, please also submit a separate word document detailing answers to the following two questions: 
  1. In no more than 500 words, please give an example of a time you worked with others to reach an effective and reasoned decision. Please state what you did, why you did it and what the outcome was.
  2. In no more than 500 words, please give an example of a time when you had to read and analyse complex written documents in a short timescale. Please detail how you managed this task and what the outcome was. 
Closing date for applications is 28th October 2016 at 5pm.

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Senior Solicitor – Dundee City Council


Senior Solicitor
£39,241 - £42,907
Ref: DEE01240
Closing date: 14 October 2016
 
Based at 21 City Square, you will work full time, 37 hours per week.
 
You will be qualified to practice as a Solicitor in Scotland.
 
You will assist in the provision of all legal and associated services to the Council, its Committees, Departments, staff and, where appropriate, to any organisation in which the Council has an interest.
 
You will have good basic experience in relevant areas of work and of supervising, supporting and developing staff.
 
You will carry out a range of legal work relating to the Council's function, and you should have good oral, written, organisational and time management skills. You should also be flexible and be able to work under pressure.
 
You will have a willingness to undertake appropriate job related training if required and have as willingness and ability to work across a variety of work related areas.
 
For further information and to apply for this vacancy, please click on the following link www.dundeecity.gov.uk/jobs
 
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Solicitor – Dundee City Council

 
Solicitor
£34,804 - £39,241
Ref: DEE01248
Closing date: 14 October 2016
 
Based at 21 City Square, you will work full time, 37 hours per week.
 
You will be qualified to practice as a Solicitor in Scotland.
 
You will assist in the provision of all legal and associated services to the Council, its Committees, Departments, staff and, where appropriate, to any organisation in which the Council has an interest.
 
You will have good basic experience in relevant areas of work.
 
You will carry out a range of legal work relating to the Council's function, and you should have good oral, written, organisational and time management skills. You should also be flexible and be able to work under pressure.
 
You will have a willingness to undertake appropriate job related training if required and have as willingness and ability to work across a variety of work related areas.
 
For further information and to apply for this vacancy, please click on the following link www.dundeecity.gov.uk/jobs

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Trainee Solicitor – Dundee City Council


Trainee Solicitor
Year 1, £19,215; Year 2, £20,990
Ref: DEE01238
Closing date: 14 October 2016
 
Based at 21 City Square, you will work full time, 37 hours per week, fixed term for 2 years.  The salary in year one will be £19,215 and in year two will be £20,990.
 
You will have an LLB Degree/Diploma in Legal Practice.
 
You will assist in the provision of all legal and associated services to the Council, its Committees, Departments, employees and, where appropriate, to any organisation in which the Council has an interest.
 
You will work as part of a team providing legal services to a group of client departments and committees. Your training will initially be in a litigation team though there may be scope for commercial work in second year. Dundee City Council engages in a wide variety of civil litigation from employment tribunals to assisting in Court of Session employer's liability cases. The caseload would be both varied and challenging.
 
You will carry out a range of legal work relating to the Council's functions, and you should have flexibility and the ability to work under pressure.
 
You will have good oral and written communication, organisational and time management skills.
 
You will be a flexible team worker and be motivated and diplomatic.
 
You will have a willingness to undertake appropriate job-relating training as required and have the willingness and ability to work across a variety of areas of Court work and advice and contracts.
 
For further information and to apply for this vacancy, please click on the following link www.dundeecity.gov.uk/jobs

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Voluntary Board Members – LAR Housing Trust

LAR Housing Trust is a Scottish Charitable Incorporated Organisation (SCIO), (Charity number SC044825) established in 2015 and is tasked to build/buy and then make available at below market rents, an initial portfolio of 1,000 homes across Scotland.  
With LAR’s portfolio of properties increasing rapidly, this small but dynamic organisation is now looking to appoint a further one or two Independent Trustees to its Board, to compliment the skills and experience of the current board.  The appointments will be for a four year term.

The Board of Trustees
Since its launch a year ago, LAR has purchased over 100 homes (with another 100 under missive) which are rented out at below market (or “mid-market” rent) to tenants within LAR’s target tenant group.  With a number of different purchasing streams being pursued, this proactive charity is looking at a number of different ways to build up its portfolio of homes, whilst providing a high quality service to our tenants and seeking additional funding from a variety of sources.  The Board is responsible for issues such as organisational and operational strategy, regulatory compliance, development, financial and risk management, customer experience, and pay and pensions for LAR’s staff.   

The Board meets regularly to provide strategic direction to, and oversight of, the Company and currently comprises five Trustees, with the Chief Executive and staff of the Trust actioning the decisions of the Board.
Trustees devote (on average) the equivalent of one to two days per month to the post. There are ordinarily 5-6 Board meetings per year (some of which can be attended by conference telephone) and a number of other committees which Trustees may be appointed to serve on.
Trustees are volunteers.  All directly related costs incurred in carrying out the duties of appointment are reimbursed in accordance with LAR’s Expenses Policy.

Board Members
LAR already has an experienced and cohesive Board and is looking to expand that Board to include additional Trustees who have (and can demonstrate) skills, knowledge and recent experience in at least one of the following four areas:
  • housing development and construction,
  • the residential letting market,
  • affordable housing operations (including lifecycle management), and/or
  • housing finance.
It would also be desirable if applicants:
  • have knowledge of the institutional investment markets and how they relate to the finance of housing and /or;
  • have an understanding or experience of working for / with charities and / or;
  • can demonstrate knowledge of the key issues affecting affordable housing market.
This is a real opportunity to join a dynamic organisation with ambitions to do as much as it can to assist in providing high quality housing across Scotland for long term affordable rents.

For more information about this role including a copy of the full brief, please contact Allison McFarlane at LAR at info@larhousingtrust.co.uk or telephone 01383 745650. Closing Date for completed applications is 5pm on Tuesday 1 November.

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Voluntary Board Members – Irvine Housing Association

Principal Solicitor (Litigation) – The City of Edinburgh Council

Corporate Governance
Principal Solicitor (Litigation)
Waverley Court
Salary: £48,490 - £57,926
Hours: 36

A Principal Solicitor is required to lead and manage the Litigation team within the Council’s in house legal team, part of its Legal & Risk Division.  The Council’s legal team are committed to the principles of modern local government, and have a key role in the delivery of innovative Council policies and initiatives, as well as ensuring the Council’s compliance with its various legal obligations.

The nature of the work is often complex, sensitive and high-profile and applicants will be expected to have an exceptional record of litigation experience.  Significant experience in litigation is essential, including a variety of commercial court work and actions to protect vulnerable communities and citizens. Management experience is desirable.
The workload will be varied and challenging, advising on a wide range of litigation matters.  Applicants will also be expected to draw upon professional and commercial acumen to ensure that all legal advice is appropriately provided and advise and lead on high profile work.
Applicants will require a full Practising Certificate in Scotland.
To apply please click https://www.myjobscotland.gov.uk/councils/city-edinburgh-council/jobs/principal-solicitor-litigation-61374

Closing date : 9 October 2016
 
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Senior Solicitor (Real Estate & Planning) – The City of Edinburgh Council

Corporate Governance
Senior Solicitor (Real Estate & Planning)
Waverley Court
Salary: £40,498 - £48,490
Hours: 36

A Senior Solicitor is required to work in the Property and Planning team within the Council's commercial in-house legal team, part of its Legal and Risk Division. The Council's legal team are committed to the principles of modern local government, and have a key role in the delivery of new and innovative Council policies and initiatives, as well as ensuring the Council's compliance with its various legal obligations.

The workload will be varied and challenging, but with the focus clearly on property and planning work, mainly of a commercial nature.  Applicants will also be expected to draw upon professional and commercial acumen to ensure that all legal advice is appropriately provided and to advise and lead on appropriate project work.

The nature of this work is often complex, sensitive and high-profile and applicants will be expected to have a strong record of relevant experience, including a high level of experience in property transactions and planning law advice. Experience of public law is desirable but not necessary.

Applicants will be expected to assist in the supervision and training of more junior team members, and experience of that would be beneficial. Applicants will require a full Practising Certificate in Scotland.
To apply please click https://www.myjobscotland.gov.uk/councils/city-edinburgh-council/jobs/senior-solicitor-real-estate-planning-61378

Closing date : 9 October 2016
 
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Senior Solicitor (Employment) – The City of Edinburgh Council

Corporate Governance
Senior Solicitor (Employment)
Waverley Court
Salary: £40,498 - £48,490
Hours: 36

We are looking for a Senior Solicitor to join the current Employment Law Team on a full time basis.

The work is complex, sensitive and high-profile and applicants will be expected to draw upon their professional and commercial acumen to advise and lead on a diverse range of employment law issues and projects. Applicants require to be legally qualified and hold a full Practising Certificate in Scotland.

The varied workload will include managing a mixed caseload of contentious cases and non-contentious matters, as well as undertaking regular appearance and advocacy work at Employment Tribunal. There will also be an opportunity for support to HR colleagues on high risk and sensitive matters.

Applicants will be expected to have a strong record of relevant experience for the post. The post holder will report to the Principal Solicitor (Employment).

Specific experience for the post includes:
  • supervision of junior members of the team, experience and specialist knowledge of employment law and associated litigation (knowledge and/or experience of employment law affecting the public sector would be   advantageous);
  • experience of appearing before and conduct of Employment Tribunal Hearings, including procedures and practices and the drafting of written pleadings and materials;
  • significant experience of proactive and robust case management, including seeking Orders, seeking and conducting preliminary hearings, full hearings, applying for strike out, etc;
  • experience of handling employment issues arising from new business challenges;
  • experience and knowledge of issues relating to industrial relations;
  • advice and support concerning a range of non contentious matters including TUPE SPC; and
  • experience of holiday pay, equal pay and public law is desirable but not essential.
 Please note that Enhanced Disclosure applies to this post.
To apply please click https://www.myjobscotland.gov.uk/councils/city-edinburgh-council/jobs/senior-solicitor-employment-61371

Closing date : 9 October 2016

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Paralegal – Clyde & Co

We have an opportunity for a Paralegal to join our busy Insurance Litigation (Defender) teams based in Edinburgh.
 
Using our in-house case management system, you will principally efficiently run your own caseload under supervision as well as assisting the team.  The caseload will consist of both non personal injury recoveries and defended personal injury claims for a mix of insurer clients.
 
Duties will include:
  • Preparing and adjusting pleadings.
  • Analysis of evidence and reporting to clients, insured individuals and companies.
  • Negotiate settlement of claims.
  • Reviewing medical and other records.
  • Legal and procedural research.
  • Organising information into a manageable format for the relevant lawyer.
  • Records management.
  • Document management. 
The ideal candidate will likely have previous experience in a paralegal role or similar experience in handling a busy workload.  You will be proactive and analytical, as well as having confidence in managing your own caseload.  Strong communication skills are essential as well as the ability to manage your own time. We’re looking for an enthusiastic team player who is motivated for a career in insurance litigation.
 
We offer a competitive salary and a contributory pension scheme.
To apply please send your CV and covering letter to emma.louden@clydeco.com  

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Associate – Clyde & Co

We have an exciting opportunity for an associate to join our busy insurance litigation (Defender) teams based in Edinburgh.
 
It is envisaged that the position will involve working for a number of partner teams acting for a wide range of insurer clients and self-insured commercial organisations. The caseload will involve a mix of Court of Session and Sheriff Court actions as well as assisting in pre-litigation cases. The focus will be on RTA, EL/PL subject matters.
 
As well as having full day to day responsibility for a varied caseload, the position will also involve assisting partners with large loss and catastrophic complex cases.
 
The successful candidate will be expected to have confidence in managing their own caseload throughout their lifecycle, ensuring a proactive approach and demonstrating the ability to work to and meet deadlines. The position will require regular advocacy in the Sheriff Courts as well as instructing our full time Solicitor Advocates or Counsel in Court of Session cases.
 
The ideal candidate will be highly organised with strong communication skills and be able to work in a collegiate team environment. You should have strong attention to detail together with efficient workload management with adherence to stringent client protocols and management information deadlines.
 
We offer a competitive salary and a contributory pension scheme.
 
If you are interested in applying, please submit your CV and covering letter including notice period and salary expectations to emma.louden@clydeco.com.
 
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Events

Lady Dorrian to deliver SYLA annual lecture

Thursday 27 October
Hilton Grosvenor, Edinburgh
7pm


The Scottish Young Lawyers' Association, in association with Scott & Co, has announced that its Annual Lecture for 2016 will be delivered by the Lord Justice Clerk, the Rt Hon Lady Dorrian, on the topic of the "21st Century Court".

The lecture will take place on 27 October 2016 in the Hilton Grosvenor in Edinburgh. Tickets for the Lecture are free of charge. However, a suggested donation of £5 per person is requested with all donations going to the LawScot Foundation

Lady Dorrian was appointed a Judge of the Supreme Courts in 2005, having served as a Temporary Judge since 2002. She was appointed to the Inner House in November 2012 and was appointed The Lord Justice Clerk in April 2016.

The lecture will take place at the Hilton Grosvenor, Grosvenor St, Edinburgh, EH12 5EF, on Thursday 27 October, at 7pm with registration, drinks and canapes from 6pm.

The lecture will be followed by Q&A and networking to close and may count for 1 hour CPD. 

The Lawscot Foundation aims to help academically talented students from less advantaged backgrounds in Scotland through their legal education journey – both at undergraduate and diploma level. You can find out more about the Lawscot Foundation and  donate here.

Book you tickets here.
 
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Personal Injury Conferences: 3 Hours Free CPD – Allan McDougall Solicitors

Allan McDougall Solicitors is hosting two free half-day Personal Injury Conferences in the south of Scotland. We very much hope you will be able to attend. 
  • Dumfries, Wednesday 26 October 
    The Cairndale Hotel, English Street, Dumfries DG1 2DF 
  • Peebles, Wednesday 9 November
    Peebles Hydro, Innerleithen Road, Peebles EH45 8LX 
The conferences will begin at 2pm and conclude at 5pm.  Registration and refreshments, including sandwiches, will be from 1:30pm.
 
Julie Harris, a Partner and Solicitor Advocate with Allan McDougall Solicitors who is accredited by the Law Society of Scotland as a specialist in personal injury law, will introduce an excellent line-up of expert speakers at each conference: 
  • Douglas Ross QC*, The All Scotland Personal Injury Court: The story so far (*Dumfries only)
  • Jonathan Cowie, Consultant Orthopaedic Surgeon: Current medico legal issues
  • James Flett, Law Accountant, Alex Quinn and Partners: Recovery of expenses
  • Julie Harris, Allan McDougall Solicitors: The new compulsory pre action protocol 
Personal injury legal practice has undergone significant change recently. With a new specialist all Scotland court now established and Employers Liability overhauled in The Enterprise and Regulatory Reform Act, the next change to deal with will be the new compulsory pre action protocol. Our conference is designed to help keep you up to date with the latest developments.
 
Booking
 
This conference is free of charge.  To reserve your place, or if you require further information, please contact Julie Harris at JulieHarris@allanmcdougall.co.uk or on 0131 225 2121.
 
www.allanmcdougall.co.uk

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CCPD Training – September and October: We’re here for you at CPD year end

With the 31st of October fast approaching, lawyers will have that niggling feeling at the back of their minds about the CPD requirement. What do I need? Where do I go? How long will I get? How much does it cost? Is it relevant?
 
Here’s a breakdown of what we have on offer between now and the end of the CPD year:
 
3 hour seminars:  
Webinars available:  
If you missed any of our sessions on The Art of Restrictive Covenants: A Practical Litigator’s Guide, Business Property Relief and the Family Business, or Family Law: A Comprehensive Review of the Latest precedent, you can order materials here for £50.
 
We also offer in-house training for firms and organisations in all of our black letter law topics, as well as on topics which you need covered, or in our areas of expertise in strategy, coaching, mergers and acquisitions, social media, pitching and tendering, making rainmakers, appraisal and reward, and pricing. You can find more details of our in-house offering on our website.
 
Get in touch and we can help you over the end of CPD year finish line. 

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The new community rights to buy land, acquire public assets, and to participate in decision making by public bodies – a Westwater/LSA seminar

Westwater Advocates, in conjunction with the Legal Services Agency (LSA), is organising a half-day seminar on the new community rights to buy land, acquire public assets, and to participate in decision making by public bodies.

The seminar will take place on the morning of 24 October 2016 in Glasgow. It will focus on the extension of the Scottish government’s land reform legislation across Scotland, as a result of the Community Empowerment (Scotland) Act 2015 and the Land Reform (Scotland) Act 2016.

This legislation has major significance for local government and other public bodies, NGOs and community organisations, and landowners across both rural and urban Scotland.

Speakers at the seminar include experts from Westwater Advocates’ specialist group on property, planning and environmental law, and also from Community Land Scotland.

The full list of seminar topics and speakers is as follows: 

The extended community right to buy land: the impact of the new legislation - Sir Crispin Agnew of Lochnaw Bt QC

Asset transfers from public bodies to the community – the new powers available to community bodies and how it will work in practice - Mark Lazarowicz, Advocate

The new rights for local communities to participate in decision making by local councils and other public bodies - David Anderson, Advocate

Practical issues in using the community right to buy - 
Peter Peacock, Policy Director, Community Land Scotland

The new legislation on common good fund property, promotion of supporter involvement in football clubs, and the management of allotments - Brian Crook, Advocate.

Further details of the programme, and how to book places, can be found at http://www.lsa.org.uk/seminars/seminars.php?c=316&s=53

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Scots Law 2016 – the largest CPD event of the year 



The next event in the Scots Law 2016 Exhibition/Conference Series will take place at Murrayfield Stadium on 25th & 26th October and will include expert speakers drawn from the ranks of the judiciary, Bar, private and public practice and the business community.

The expanded programme of 10 individual conferences at the event will cover the subject areas of Conveyancing, Private Client, Contract Law, Intellectual Property, Family Law, Criminal Law, Commercial Property, Debt Recovery, Licensing and Personal Injury.  

Each conference attracts 6 hours CPD

Delegates can register by booking at www.clt.scot, emailing enquiries@clt.scot or calling 0141 225 6700.  Prices start from £165+VAT for 6 hours CPD.

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Mandatory Ethics for PEAT 2


4hrs TCPD
 
Attendance at this training is mandatory for trainees between months 9 and 15 of their traineeship.
 
The seminar covers: confidentiality; conflict of interest; and anti-money laundering.  Delegates will consider ethics and the practical application in relation to hypothetical case studies. The course has been designed to be entirely interactive with trainees encouraged to reflect upon practice and consider how ethics assimilates with their existing legal knowledge and skills.
 
Edinburgh         June & December          9.15am-1.30pm
Glasgow           March & September       9.15am-1.30pm
 
Only £120+vat 
TCPD Clients may simply deduct the appropriate hours from their package.
 
For further information please see the CLT website 
or contact Hugh Anderson McKnight on 0141 225 6700

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