Copy
32241_ScottishField
20316_JeffBox
24645_MediaPackBox click_news click_jobs click_events click_visit

Facebook
Twitter

Register and receive our free newsletter for a daily update from Scottish Legal News!

Published by: Scottish Legal News
Avian House,
87 Brook Street,
Dundee,
DD51DJ

Tel: 01382 427038
Fax: 01382 427006 Email: The Editor

Your email is treated in the strictest confidence. You will not receive any unsolicited e-mails and your address will not be passed on to a third party.

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

TerraFirma0112



Reserve your free copy of the Scottish Legal News Annual review 2015 now!

Yes, its that time already! Time to reserve your free copies of the Scottish Legal Annual Review 2015.

The Review is bigger and better than ever with thought-provoking articles written by some of Scotland's finest legal minds.
 
We have built on the success of this year's Review and expanded the publication with new sections and more colour.
 
Many firms will already have received a call from our circulation manager Jim Ross to establish your requirements.
 
To reserve your copies simply email Jim with the numbers required. He can be contacted at: jim@scottishnews.com

Clinical Negligence Masterclass – Scottish Legal Training 

Scottish Legal News: Tuesday 20th January 2015

Reserve your free copy of the Scottish Legal News Annual review 2015 now!
Clinical Negligence Masterclass – Scottish Legal Training

Latest News 
Council’s application for authority to sell ground forming part of the common good‏ refused
Health boards facing 1,500 legal claims
New drink drive limit having adverse impact on licensed trade
Sheriff Principal Stephen appointed as Queen’s Counsel
Faculty’s criminal bar association rebrands
Dundee legal academic appointed to personal chair
Agreement reached on terms for devolution of voting power for 16 and 17 year olds
Scotland hosts first same-sex pagan marriage
Faculty to host seminar on state aid from a Scottish perspective
Conservative draft bill of rights ‘grounded in parochial disputes’
Stalin’s grandson fails in defamation appeal to ECtHR
And finally... small claims

Advertorial: First Scottish Rectification Service
Presenting Officers – GTC Scotland

Latest Jobs
Senior Solicitor (Litigation) – Dallas McMillan
Finance Associate (Glasgow) – Ashurst
Head of Representation and Partner – Clan Childlaw Ltd
Solicitor (2 years+ PQE) Intellectual Property and Technology (Edinburgh) – Maclay Murray & Spens LLP
Legal Analysts (Glasgow) – Ashurst
Rural Property Solicitor (NQ – 2 years PQE) – Lindsays
Assistant or Associate Real Estate Solicitor (Construction) – Harper Macleod LLP
Solicitor/Senior Case Handler/Legal Executive – Lyons Davidson
Knowledge, Learning & Development (KLD) Technical Lawyer – Maclay Murray & Spens LLP
Civil Casework Solicitor – SLAB
Residential Conveyancing/Executory Solicitors, Paralegals and Support staff (Glasgow) – Parabis Scotland
Solicitor – FNZ
Lawyers – Army Legal Services
Solicitor (3-5 year PQE, Residential Conveyancing)  – Miller Hendry
IP&T Solicitor (4 years PQE+) –  Harper Macleod LLP
Solicitor (Commercial Property, Glasgow) – Morton Fraser

 

 


 



 

Latest News 

Council’s application for authority to sell ground forming part of the common good‏ refused

A Scottish local authority has had an application for authority to sell ground forming part of the common good to a furniture company refused after a sheriff ruled that the loss of amenity to the local community would not be offset by the proceeds of the sale being invested in the common good fund.
 
Aberdeenshire Council’s plans to sell part of Battery Green in Banff to Bremner’s 65th General Stores for £10,000 were successfully challenged by Banff and Macduff Community Council, after Sheriff Philip Mann held that the local authority failed to persuade him that he should exercise his discretion to allow them to dispose of the land.
 
Banff Sheriff Court heard that Aberdeenshire Council had brought a summary application under section 75(2) of the Local Government (Scotland) Act 1973 for authority to dispose of 135 square metres of ground at Battery Green to Bremners, which had developed and used the ground as a car park for approximately 30 years and acquired a prescriptive servitude right for vehicular and pedestrian access over the ground.
 
The applicants had entered into missives with Bremners agreeing to sell them the ground at a price of £10,000, conditional upon the application being successful.
 
But the application was opposed by several residents of Banff and by Banff and Macduff Community Council, who were represented by Ian Williams, a layman and the secretary of the community council.
 
Parties were agreed that the ground in question had been surfaced by Bremners and that it had been used as a car park, accommodating up to seven vehicles, by customers visiting Bremners’ adjacent shop for a period in excess of 30 years.
 
However, the court heard that the ground had also been used for at least the same period for car parking both by local residents and by visitors to a nearby hospital and health centre. 
 
While the solicitor representing the council accepted that the ground has been used as a car park by members of the public she maintained that this had only been possible over the last 30 years since Bremners had surfaced it for the benefit of their customers.
 
She maintained that any loss of amenity resulting from a sale of the ground to Bremners at what was market value would be “minimal”, and pointed out that the ground in question was but a small part of the general area known as Battery Green, the remainder of which would be retained for amenity purposes.
 
In support of her argument, she referred to the 1993 case of Kirkcaldy District Council v Burntisland Community Council, in which the court allowed the sale of common good ground which had been used as a caravan park, holding that the economic benefit arising to the local community out of the disposal “outweighed any loss” resulting from the termination of recreational use of the land.
 
She also cited the 1997 case of West Dunbartonshire Council v Harvie, where the court refused to sanction the sale of common good ground for the purpose of erection of a new sheriff court building, holding, inter alia, that the “guiding consideration” was what appeared to be for the greatest benefit of the people who shared the common good.
 
However, Mr Williams stressed the importance of the ground as a parking area in connection with the hospital and health centre, which he described as an” important public amenity” which should not be lost for the sake of conferring an economic benefit on a commercial organisation. 
 
The sheriff observed that while the two cases were “useful” as a guide to situations in which authority under section 75(2) of the 1973 Act might or might not be granted, the discretionary power contained in section 75(2) could only be considered in light of the particular circumstances of each individual case, and that the “guiding consideration” was what appeared to be for the “greatest benefit of the people who share the common good”.
 
Delivering his judgment, Sheriff Mann said: “Having regard to that consideration, it appears to me that the people of Banff, and by extension the people of Macduff, would suffer a very significant loss of amenity were I to grant this application and if, as a consequence, they were to be excluded from using the ground for what has become its accustomed purpose.
 
“I do not see how it could reasonably be maintained that that loss of amenity would be counterbalanced by any benefit that might be gained by having a sum of £10,000 available for investment within the common good fund.
 
“Nothing was said to me about what Bremners might intend to do with the ground if they were to be successful in purchasing it but I think that it could reasonably be assumed that it would be employed for the commercial benefit of Bremners rather than for the general good of the people of Banff.
 
“In that regard the circumstances of this case are quite different from the circumstances that persuaded the court to grant the application in the Kirkcaldy District Council case.
 
“The onus is on the applicants to persuade me that I should exercise my discretion in their favour. They have failed to do so and the application falls to be dismissed.”
 
Back to top
 

Health boards facing 1,500 legal claims

New figures have shown that health boards are straining to work through over 1,500 legal claims, some worth up to £5 million.
 
NHS Grampian is facing payouts of up to £24 million in respect of about 100 alleged failures. The health board was recently accused of having “weak leadership and low morale”.
 
The news comes months after a report from the watchdog Healthcare Improvement Scotland which found that patients’ lives were being put at risk by staff shortages in Aberdeen Royal Infirmary.
 
NHS Dumfries and Galloway has over 50 claims, including a case in which a patient is seeking £5 million.
 
NHS Greater Glasgow and Clyde, the largest health board in Scotland, faces 516 claims, with most relating to alleged negligence.
 
NHS Lothian, meanwhile, is currently facing 300 legal cases.
 
Debbie McGeachy is suing NHS Greater Glasgow and Clyde for damages after she was left in extreme and persistent pain.
 
Ms McGeachy’s lawyer, Patrick McGuire, from Thompsons solicitors (pictured), said: “I have seen many cases against the NHS which stretched out far too long – and at considerable distress for the victim – which could have been settled much earlier and at far less expense.” 
 
Conservative health spokesman Jackson Carlaw said: “There’s a complex and significant problem with compensation in Scotland’s health boards.
 
“Often all people want is a sincere apology and a guarantee their complaint won’t happen to someone else. 
 
“Instead of sweeping problems under the carpet, when issues do emerge, we need genuine accountability and evidence that lessons have been learnt.”

NHS Fife currently faces 116 cases, totalling £17m, while NHS Forth Valley is dealing with 113 cases. 
 
A spokeswoman for NHS Grampian said: “We have more than a million patient contacts each year and the vast majority of patients are very satisfied with their care and treatment. 
 
“These claims represent a very small proportion of the number of patient contacts we have and is no reflection on NHS Grampian’s standards.”
 
Scottish Legal Training is hosting a clinical negligence seminar in Edinburgh this March. Speakers include Ronnie Clancy QC, Colin Macaulay QC, consultant neurosurgeon Mr Patrick Statham, consultant neuropsychiatrist Dr Alan Carson, Shona Haldane QC, Vinit Khurana, advocate and Darren Deery, solicitor with Drummond Miller LLP.
 
Sign up for the Clinical Negligence Masterclass here.

Back to top

New drink drive limit having adverse impact on licensed trade

The new drink drive limit imposed in December will have a greater impact on the future of pubs than the smoking ban did nearly a decade ago according to industry experts.
 
One of the UK’s largest brewery and pub chains said the reduction in the alcohol limit for drivers from 80mg to 50mg for every 100ml of blood was a radical change for the licensed trade.
 
Drivers are closely adhering to the new rules with many also factoring in the fact that they may still be over the limit the next day and are limiting their alcohol intake accordingly.
 
But Belhaven owner Greene King, which has 200 pubs in Scotland said the new limit had affected trading.
 
Its like-for-like sales in its retail division rose a mere two per cent in the two weeks over Christmas and New Year, versus 6.4 per cent in the same period in 2013-14.
 
Paul Waterson, chief executive of the Scottish Licensed Trade Association (pictured), said the new limit will have a bigger effect on the trade than the introduction of the smoking ban” nine years ago, which he suggested speeded  up pub closures around the country.
 
Mr Waterson added: “It’s all about the next day. The vast majority of people did not drink and drive if they went out – it’s about residual alcohol levels in the bloodstream the next day.
 
“People are not drinking the night before – they are very concerned there will be this residue of alcohol in their bloodstream the next morning.
 
“It is going to completely change the business as we know it.”
 
The Scottish Beer & Pub Association, the body representing brewers and pub groups said that it previously warned Scottish ministers the new limit would adversely affect trade.
 
The association’s chief executive Brigid Simmonds, said: “This makes the case for further beer tax reductions to support pubs in the Budget even stronger.”
 
Tesco reported sale of low alcohol and non-alcoholic beers rose by 80 per cent in Scotland as motorists avoid taking risks.
 
Scotland is now in line with the majority of the EU following the introduction of the new limits.

England, however, retains the previous limits of 80mg per 100ml of blood.

Back to top
 

Sheriff Principal Stephen appointed as Queen’s Counsel

Sheriff Principal Mhairi Stephen (pictured) has been appointed as Queen’s Counsel by Her Majesty the Queen on the recommendation of former first minister Alex Salmond.
 
The sheriff principal for Lothian and Borders was nominated by the lord justice general, Lord Gill.
                            
Sheriff Principal Stephen was appointed a temporary sheriff in 1995 and became a resident sheriff in Edinburgh in 2000.
 
She was a member of the Board of the Scottish Civil Courts Review (Gill Review) from 2007-2009. 
 
In May 2011, she was appointed sheriff principal for Lothian and Borders.

Back to top
 

Faculty’s criminal bar association rebrands

A newly-named body has been established for advocates who specialise in criminal law – the Scottish Criminal Bar Association.
 
The title has been changed from the Faculty of Advocates’ Criminal Bar Association (FACBA), and Thomas Ross has been chosen as president.
 
Members decided to adopt the more streamlined name at their annual meeting, where Claire Mitchell was elected as vice-president.
 
Mr Ross had been vice-chair of FACBA for more than two years, with Brian McConnachie QC, as chair.
 
Both Mr Ross and Ms Mitchell have extensive experience of the criminal law, and are recognised and respected figures in courts throughout Scotland.
 
Mr Ross said: “Being selected to represent this elite group of criminal lawyers is the biggest honour of my professional life.
 
“I am delighted that Claire Mitchell has agreed to assist me. The name change simply reflects the fact that the people of Scotland know that the Faculty of Advocates provides the most experienced criminal practitioners that the country has to offer.
 
“That will not change under the new name, but we hope that it will also help us to take a more active role in Scottish public life.”
 
The dean of faculty, James Wolffe QC, said: “The criminal justice system is central to the maintenance of the rule of law.

"At its heart is the work of Scotland's criminal bar – advocates who, whether they prosecute or defend, act fearlessly and with independence, and with great commitment to the fair administration of justice.
 
"I am confident that, with Thomas Ross as president and Claire Mitchell as vice-president, the Scottish Criminal Bar Association will continue to thrive.” 

The secretary of Scottish CBA will be Gillian Ross, with Craig Findlater elected as treasurer.
 
Committee members are: Neil Murray QC, Simon Gilbride, Edith Forrest, Wendy Hay, Victoria Dow, Greg Farrell, Maryam Labaki and Ximena Vengoechea.

Back to top
 

Dundee legal academic appointed to personal chair

Stuart Cross (pictured) has been appointed to a personal chair at the University of Dundee.
 
He joined the University in 1994 and became a senior lecturer in 2002.
 
He is Dundee Law School’s head of learning and teaching and programme director for Dundee’s postgraduate LLM programmes in corporate and commercial law and international commercial law.
 
Professor Cross is a member of the joint standing committee on legal education and the Law Society of Scotland’s sub-committee on charity law.
 
He is also a member of the board of the Office of the Scottish Charity Regulator (OSCR) and chairs the board of Fife Cultural Trust which has responsibility for the operation of Fife’s libraries, museums and theatres.   

Back to top

Agreement reached on terms for devolution of voting power for 16 and 17 year olds

The first minister Nicola Sturgeon (pictured) has confirmed that agreement has been reached with the UK government on the terms of the transfer of powers to allow the Scottish parliament to give 16 and 17 year olds the right to vote in Scottish parliament elections.
 
Once the order has been passed, the Scottish government will bring forward legislation to the parliament which, subject to parliamentary agreement, will allow registration officers to complete their work to ensure 16 and 17 year olds are able to vote in the May 2016 Scottish election.
 
The deal comes after the first minister met with prime minister David Cameron in London last month, where she stressed the need for swift action to transfer the powers.
 
The first minister and secretary of state for Scotland Alistair Carmichael have now confirmed that the necessary powers will be transferred by March.
 
Welcoming the move, the Ms Sturgeon said: “It has long been this Government’s policy to reduce the voting age to 16.

"The Scottish government’s decision to extend the vote to 16 and 17 year olds in the referendum legislation is widely seen as an outstanding success and contributed to the unprecedented level of democratic engagement we witnessed.
 
“I am delighted that there is now cross-party support in the Scottish parliament for extending the franchise to include 16 and 17 year olds for Scottish Parliament and local government elections. I stressed the need for rapid action on this front when I met David Cameron in London before Christmas – and I am delighted we now have a deal.

"We now intend to bring forward legislation to the Scottish parliament as soon as possible after the Order is in force to lower the voting age to 16 for these elections.
 
“This deal, which is being delivered to a tight timetable, shows just what is possible when there is political will on both sides – and underlines the need for swift action on other elements of the Smith Commission proposals.”
 
Back to top
 

Scotland hosts first same-sex pagan marriage

Scotland, the only legal jurisdiction in the UK to allow pagans to marry, has had its first same-sex pagan marriage as two male witches tied the knot in Edinburgh.
 
Tom Lanting, 34 and Iain Robertson, 39 were married in Marlin’s Wynd in the capital.
 
The pair describe themselves as “hedge witches”, who use herbal concoctions to remedy spiritual and physical ailments.
 
Mr Lanting and Mr Robertson’s ceremony involved traditions including handfasting, where their hands were bound together and the drinking of mead as well as the “jumping of the broom”.
 
They said: "Getting married in a legal pagan ceremony means so much to both of us.
 
"The new equal marriage law means that we finally have equal recognition and acceptance of our relationship, and it opens the door for all LGBTI couples to take the same step.
 
"As hedge witches we always wanted to have a pagan marriage ceremony in line with our beliefs and it was really important to us to be able to share this ceremony with our friends and family."
 
The Pagan Federation (Scotland) has been allowed to conduct weddings in Scotland since 2005 and has undertaken hundreds of marriages of heterosexual couples since then.
 
The ceremony was conducted by the federation’s presiding officer, Louise Park.
 
She said: "Equality for people of all faiths is something that is very dear to the vast majority of pagans, and the Pagan Federation (Scotland) has made equal marriage for all pagans in Scotland one of our biggest campaigns over the last 10 years.
 
"We feel that, if any couple wish to, they should be able to make their marriage vows before their own personal Gods, friends and family, in a religious ceremony tailored to suit their own beliefs.
 
"I am absolutely over the moon to have been able to conduct Scotland's - and the UK's - first pagan same-sex marriage for Tom and Iain, who hold a special place in the hearts of Scotland's pagan community."
 
Tom French, policy and public affairs co-ordinator for the Equality Network, said: "We were delighted to be able to attend the UK's first pagan same-sex marriage.
 
“Religious and belief groups played an important role in the campaign for equal marriage and this ceremony is a mark of equality and freedom of belief in Scotland.
 
"The new law was not just about ensuring equality for LGBTI people, but also securing greater freedom of belief for the many religious and belief groups who want to conduct same-sex marriages, in line with their deeply held beliefs, but were previously denied the right to do.
 
"These groups, and the same-sex couples that want a religious or belief marriage in Scotland, now have their rights respected."

Back to top

Faculty to host seminar on state aid from a Scottish perspective

It will be a notable first when the Faculty of Advocates hosts a seminar examining state aid law from a Scottish viewpoint.
 
The half-day event on 2 February, is the first organised by the UK State Aid Law Association (UKSALA) to be held outside London.
                                 
Sir David Edward, the former judge of the European Court of Justice (ECJ) has accepted an invitation to chair the seminar and to open proceedings with some introductory remarks.
 
The line-up of speakers will be Michael Howlin QC ("What is State Aid?"), James Wolffe QC, dean of faculty ("State Aid in the Courts"), Margaret Gray, Brick Court Chambers London, Law Library Dublin and Bar Library Belfast ("Devolution, Tax and State Aid") and a member of staff from the state aid unit of the Scottish government ("The Scottish Government perspective on State Aid").
 
UKSALA was formed in 2012 to provide a UK forum for discussion of State Aid issues and to contribute to the development of state aid law, which has been described as the means by which the European Union regulates state-funded measures to ensure they do not adversely affect trade between member states, thereby undermining the common market.
 
Christopher Vajda QC, the UK judge at the ECJ, is UKSALA’s president.
 
The seminar is free, to register click here.

Back to top
 

Conservative draft bill of rights ‘grounded in parochial disputes’

A draft bill drawn up by Conservative lawyers would see terrorist suspects, illegal immigrants and criminals barred from exercising some of their human rights
 
The draft bill, which would replace the Human Rights Act 1998, provides that rights need to be placed in the historical context of the UK , which it states has the “longest continuous history of the protection of liberties under the rule of law of any country in the world, stretching back to Magna Carta”.
 
Other changes include making trade union membership illegal for police officers. A similar ban  in France was held to have violated human rights.
 
In addition, the bill would also pave the way for overturning a number of decision on prisoners’ voting rights – referred to as a “naked and wholly unacceptable act of judicial legislation by the judges of the [European] court”.
 
David Pannick QC (pictured), a distinguished human rights lawyer and cross-bench peer, has argued the bill’s architects are using human rights as “a political tool to be manipulated for narrow and partisan advantage”.
 
He said: “In the wake of the Paris attacks on journalists and a kosher supermarket, the prime minister was emphasising to all sections of the community the importance of respecting the basic rights of others.
 
“It is striking how the significant departures from the European Convention on Human Rights and the Human Rights Act are grounded in parochial disputes about particular cases.
 
“All of this is at variance with the need for a statement of values that is above the day-to-day political battles, which the title of the document aims at, being the Bill of Rights and Responsibilities, seeking to echo the 1689 Bill of Rights.

"But the tone and substance of the document — settling scores, real or imaginary, with judges who have displeased the Conservative party — will ensure that, if enacted, it would last (at most) for one parliament.
 
“It reads less like a statement of universal values than the grievances of a lawyer who has had a bad experience in court in Strasbourg.”

Back to top
 

Stalin’s grandson fails in defamation appeal to ECtHR


Joseph Stalin and Yevgeny Dzhugashvili

Joseph Stalin’s grandson has failed in his attempt to win damages at the European Court of Human Rights (ECtHR) from a Russian newspaper which referred to his grandfather as a “bloodthirsty cannibal” and which asserted he was responsible for the murder of Polish officers in wartime.
 
The ECtHR has rejected Yevgeny Dzhugashvili’s (pictured right) defamation suit against Novaya Gazeta, a liberal Moscow newspaper.
 
In 2010, a Russian court threw the case out, prompting Mr Dzhugashvili, 79, the son of Stalin’s son Yakov, to take his case to Strasbourg.
 
His claim was that the court of first instance’s decision was in violation of article 8 of the European Convention on Human Rights (ECHR).
 
The court said that Stalin “inevitably remains open to public scrutiny and criticism”.
 
It distinguished between private life and legitimate criticism people can make of major historical figures.
 
Novaya Gazeta, one of Russia’s few independent news outlets, published two articles on Stalin in 2009 by Anatoly Yablokov – a former Russian prosecutor.
 
The articles looked at the Katyn massacre in 1940, when thousands of Polish prisoners of war were executed by the Soviet NKVD secret police in a forest in Russia.
 
However, for 50 years Moscow blamed the crime on the Nazis.
 
Mr Yablokov’s articles argued that Stalin and the Soviet Politburo signed an order to shoot civilians.
 
Mr Dzhugashvili sued Novaya Gazeta, demanding £180,000 in damages.
 
In 2009, Mr Yablokov said the case would have been untenable in the past but that that it had becomes realistic following Kremlin attempts to rehabilitate Stalin’s image as a reliable leader.
 
He said at the time: “There is a change in society’s view of Stalin.
 
“We hear much more now about what an effective manager Stalin was, much more than in the 1990s, and much less about the repression.”
 
Mr Dzhugashvili’s father, Yakov, had a bad relationship with his father and shot himself because of Stalin’s disregard for him.
 
However, he survived and was later captured by the Germans during the Second World War.
 
Hitler offered him in exchange for field marshal Friedrich Paulus, who had surrendered to the Soviets at Stalingrad. Stalin refused.
 
Yakov’s children Yevgeny and Gallina died in a German concentration camp in 1943.
 
Mr Dzhugashvili served as a colonel in the Soviet and Russian air force and in 1999 stood for the state duma.

Back to top
 

And finally... small claims

A five-year-old has been handed an invoice and his parents threatened with court action - for missing his friend's birthday party.
 
According to the local Plymouth Herald newspaper, Derek Nash and his partner discovered the £15.95 "no show fee" invoice after it was slipped into their son Alex's school bag.
 
Mr Nash said he originally "thought it was a joke", but the issue has remained unresolved with the birthday boy's mother, Julie Lawrence, threatening small claims court.
 
The family confirmed their son would be attending the party at the Ski Slope and Snowboard Centre just before the Christmas holidays.
 
However, Mr Nash, from Torpoint, Cornwall, realised he had already arranged for their daughter to go on a day trip with her grandparents.
 
He said: "She saw me and asked if Alex was coming to the party. At this time I agreed and said that Alex was looking forward to it.
 
"By this time we did not have a contact number, email or an address to let [the boy's mother] know. So on the day of the party we asked Alex what he wanted to do - he chose to be with his grandparents."
 
Alex returned to Torpoint Nursery and Infant School on January 6, but the family were shocked to receive the bill just over a week later.
 
Mr Nash added: "My partner looked out for [the friend's mother] to apologise for Alex not showing up to the party, but didn't see her.
 
"But on January 15 she looked in Alex's school bag and found a brown envelope. It was an invoice for £15.95 for a child's party no show fee.
 
"I asked Alex's class teacher if [the child's mother] had given anything to her. She said, 'Yes, a brown envelope'.
 
"I then visited Alex's school head teacher, who couldn't apologise enough that one of the teachers had passed this on. She said she would remind all staff that this was a breach of protocol.
 
"I left the school and went to see [the birthday boy's mother] as her address was on the invoice.

When she answered the door I told her I had found the invoice in my son's school bag and that I wasn't happy about it.
 
"I told her I would not be paying her the money. I told her she should have spoken to me first and not put the invoice in my son's school bag.
 
"I would have sympathised with her about the cost of Alex not showing up, but I just can't believe the way she has gone around it."
 
Ms Lawrence has since threatened the family that she would take the case to a small claims court, while the birthday boy will no longer play with Alex at school.
 
Mr Nash added: "I drive all around the south west for my job and I have talked to quite a few people about this. They're all quite incredulous that this has happened. I thought it was a joke to begin with. I am lost for words."
 
His partner, who does not want to be named, has been in contact with the mother via social media in a bid to resolve the situation.
 
Ms Lawrence said the boy's non-attendance left her out of pocket and insisted his parents did have details to tell her he was not going.
 
She said in a statement: "All details were on the party invite. They had every detail needed to contact me."
  • Contributions from SLN readers to our "And finally" section are welcome – they should be sent to: newsdesk@scottishnews.com
Back to top
 

Share Scottish Legal News and follow us on twitter

Scottish Legal News

11,145 followers
46,559 tweets
following 1,386 people
follow

Advertorial: First Scottish Rectification Service


First Scottish continues its Rectification Service under the Land Registration etc. (Scotland) Act 2012.
 
Any errors prior or post 8th December 2014 are covered by the service.

We can:
• Offer a quick and accurate appraisal of the existing title sheet.
• Advise if rectification is possible in terms of the Land Registration etc. (Scotland) Act 2012 or the transitional provisions
in Schedule 4 of the Act (under which the Land Registration (Scotland) Act 1979 rules live on)
• Advise on what is required for a Rectification application to the Keeper.
• If rectification is not a viable solution, advise on the alternatives available
What are the benefits of the service?
• Rectification applications will not be submitted to the Keeper if they are inappropriate thus saving time and rejection.
• If rectification is not appropriate you will be advised of an alternative solution.
• Unique access to experts in the provision of rectification and registration advice.
 
Our experts:
Valerie Clough and Margaret Grieve worked for Registers of Scotland for more than 30 years and have headed the Rectification Service at First Scottish since June 2011. Both have been instrumental in forming and implementing policy at the Keeper’s office.
 
Valerie headed the Rectification and Indemnity Team and the Registration Practice Team at Registers of Scotland and Margaret was a senior point of referral and guidance in every aspect of registration as well as being a key member of the Registration Practice Team. Both have extensive knowledge of the provisions of the 2012 Act.
 
The rectification service costs £80 per hour and enables you to get a swift appraisal of whether rectification is possible or not and how to go about it.
 
Our Rectification of Title Lecture:
Val and Margaret were also recently invited to deliver a lecture on Rectification of Title at the University of Glasgow, School of Law as part of the Diploma in Professional Legal Practice. The lecture will form a permanent fixture of the Diploma course from now on and will assist solicitors to understand the practical implications of the operation of the Land Register following then implementation of the new Act.
 
Our Seminars:
Since the launch of the Rectification Service Valerie and Margaret have given 70 seminars to over 1300 solicitors from Stranraer to Elgin and dealt with hundreds of different queries on the subject. The seminar has now been transformed to incorporate the changes brought about by the 2012 Act. So if your firm or faculty would like a seminar on this service then just contact them. It qualifies for an hour’s CPD and covers all of the following points:
• How rectification will operate under the 2012 Act and why the 1979 Act rules for rectification will live on after the designated day.
• Different rectification situations.
• Real life examples of rectification in operation.
• What other remedies might be possible if rectification is not an option.
                         
So to organise a seminar or for advice on a rectification problem contact:
Valerie Clough 01383 826786 Valerie.clough@firstscottish.com
 
Margaret Grieve 01383 826786 Margaret.grieve@firstscottish.com
 
First Scottish Group Ltd,
St Davids House, St Davids Drive,
Dalgety Bay,
Fife
KY11 9NB

T: 01383 826777 F: 01383 826778

Visit our website www.firstscottish.com

Back to top
 

Presenting Officers – GTC Scotland

Appointment of Presenting Officers
  
Applications are invited from firms of solicitors or advocates for appointment as GTC Scotland’s Presenting Officers.  GTC Scotland is the independent professional body that maintains and enhances teaching standards and promotes and regulates the teaching profession in Scotland.
Presenting Officers play an important role in GTC Scotland’s fitness to teach processes. Presenting Officers will be required to 
  • investigate cases and participate in case management processes
  • prosecute full hearings before a Fitness to Teach Panel
  • act for GTC Scotland in temporary restriction hearings and any other GTC Scotland hearings;
  • act for GTC Scotland at a Fitness to Teach Panel hearing held in connection with any application for registration made by an individual previously removed from the Register (or refused registration) by a Fitness to Teach Panel (or its historic equivalent, the Disciplinary Sub-Committee);
  • where appropriate and as instructed, act for GTC Scotland in any appeal of a case to the Court of Session; and
  • provide GTC Scotland with legal advice on its fitness to teach procedures or in general as may be instructed.
Appointment: 3 years from 2 April 2015 with the possibility of extension for a further year

Commitment: This will depend on the volume of cases which are referred to the Fitness to Teach panel and the number of appeals lodged at the Court of Session.  GTC Scotland has a small in-house team of solicitors and this team will present cases and instruct appointed Presenting Officers as required.
 
For further information and an application pack visit http://www.gtcs.org.uk/home/vacancies.aspx or call 0131 314 6025.
 
The closing date for receipt of applications is 5.00 pm on Wednesday 21 January 2015. 
 
Interviews will be held in Edinburgh on Tuesday 17 February 2015.
 
GTC Scotland aims to promote equality and diversity in all its activities
We positively welcome applications from all sections of the community 
 

Jobs

Senior Solicitor (Litigation) – Dallas McMillan



Dallas McMillan are one of the Scotland’s leading firms and as part of our expansion programme, we have a vacancy for a 3 to 7 years qualified assistant to join us as a Senior Solicitor in our Litigation department.  The role will involve a variety of high quality personal injury cases and experience in the fields of Employers Liability and Industrial Disease work would be preferable for this role.
 
We would invite applications from candidates with experience of Pursuer personal injury work. Please note that the closing date for applications for this post is Wednesday 4 February.
 
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

Back to top
 

Finance Associate (Glasgow) – Ashurst

 
Ashurst is a global law firm, advising financial institutions, corporates and governments.  Our core business areas are finance, corporate, energy and resources, infrastructure, real estate and litigation.  We have 28 offices in 16 countries and offer the international insight of a global network combined with local market knowledge.
 
Our recently established Glasgow office delivers innovative, market-leading legal sourcing solutions, consistent with Ashurst's status as a global law firm. The team currently includes 30 Legal Analysts and is expected to grow significantly in the future.

An important part of that growth will come from our commitment to build a fully-capable Finance team in Glasgow.  The Glasgow team already includes a Finance partner and a senior associate, who lead the Finance work carried out in Glasgow and the training and supervision of the Legal Analyst team working on Finance matters.

Ashurst's Finance Division:
 
Ashurst's Finance Division offers specialist advice on:
 
•        buy-outs and other acquisition finance transactions;
•        real estate finance;
•        infrastructure financings;
•        investment fund and warehousing financings;
•        derivatives and structured products including CLOs and CDOs
•        restructuring and refinancings;
•        asset backed lending;
•        strategic and impaired value debt purchases, including loan portfolio sales;
•        secured and unsecured lending transactions; and
•        treasury products generally.
 
Main Tasks:
 
You will join our growing Glasgow Finance team to provide high quality legal input to colleagues within the Ashurst global network of offices.
 
A major part of your role will be to supervise and give continuous on-the-job training and feedback to our Legal Analysts.  In particular, you will be responsible for the technical review of the work undertaken by Legal Analysts in areas such as:
 
•        Reviewing legal documents and agreements for banking and other finance transactions;
•        Liaising with and coordinating local counsel, both within and outside of the Ashurst network on banking transactions and for financial regulatory and tax advice;
•        Preparing reviews of loan documentation for CLOs, securitisation vehicles and other financial investors and in distressed situations;
•        Drafting pricing supplements for repackaging programmes and derivative trades made in London, the United States and Asia; and
•        Amending repo and stock lending agreements for international banking clients.
 
You will help manage work carried out by the team of Legal Analysts, and liaise with lawyers in other Ashurst offices and directly with clients and other law firms.
 
There is significant scope for your role and responsibilities to develop as Ashurst's Glasgow office grows and takes on more complex work from the rest of the Ashurst network.
  
Experience required:
 
•        Post qualification experience in finance transactions with a reputable commercial law firm and/or leading financial institution.
•        Previous experience of Derivatives, Structured Finance, CLO deals and securitisation would be beneficial but not essential as all required training will be provided.
•        Thorough experience of supervising and mentoring junior employees and delivering on the job training and feedback.
•        Good organisational skills and experience in transaction management and team development.
•        Excellent academic track record.
•        Enthusiasm to innovate and play a part in building the unique, new Finance team in Glasgow.
 
Training and support:
 
You will be provided with all the required training to enable you to attain the required technical skills and to develop your expertise further into specialist areas of Finance law.
 
For more details on these opportunities, please contact Sheena Patel Email: sheena.patel@ashurst.com or visit www.ashurst.com/recruitment.
 
Back to top
 

Head of Representation and Partner – Clan Childlaw Ltd

Head of Representation and Partner
Community Law Advice Network – Clan Childlaw Ltd
Full Time
Salary - £42k per annum

 
Clan Childlaw aims to ensure that every child and young person in Scotland has access to the law and to secure enforcement of rights. It is an expanding charity and law firm providing legal support to children and young people, training to professionals, and it contributes to policy developments regarding children’s rights. It has offices in Edinburgh and in Glasgow.
 
This is an exciting opportunity for an experienced solicitor with an interest in child law to supervise, manage and develop the provision of outreach legal services to children and young people who would have otherwise found it difficult or impossible to obtain the legal help that they require. You will also take a lead role in the planning and development of the law centre.
 
You will be highly motivated, flexible and committed to the provision of effective and innovative services.
 
You will be based in Glasgow or Edinburgh with frequent travel between offices and occasional travel across Scotland. There will be an opportunity to join our pension scheme.
 
Closing Date: Monday 2 February 2015 at 5pm
 
Job description, person specification, application form and organisational chart are available from our website at www.clanchildlaw.org 
 
Applications by way of application form and CV to Alison Reid, Chief Executive/Principal Solicitor, Community Law Advice Network, Norton Park, 57 Albion Road, Edinburgh EH7 5QY, alison.reid@clanchildlaw.org or for further information telephone 0333 2002436.
 
Back to top
 

Solicitor (2 years+ PQE) Intellectual Property and Technology (Edinburgh) – Maclay Murray & Spens LLP


Solicitor (2 years+ PQE) Intellectual Property and Technology (Edinburgh)

Maclay Murray & Spens LLP is a full service, independent, commercial law firm offering legal solutions and advice to clients throughout the UK and beyond. Our objective is to provide a consistently excellent quality of service across our entire service range and from all our offices. We are an entrepreneurial and business driven firm, welcoming individuals from a wide range of backgrounds who can innovate, develop tailored solutions and work well within team environments. 
 
We offer intelligent, ambitious and motivated people opportunities to develop their careers through involvement and responsibility. We invest in our employees’ futures as they build and further their careers, and this is integral to the success of our business. We have been an Investor in People accredited employer since 2000. We are committed to improving performance through the continuous training and development of our staff.  The firm operates across the UK from offices in Aberdeen, Edinburgh, Glasgow and London.
 
We are looking to recruit a Solicitor to join our dynamic IP and Technology Team.  This team believe in delivering an excellent commercial service to clients and who are highly ranked in numerous directories, including Chambers, Legal 500, Intellectual Asset Management IAM Patent 1000, World Trademark Review WTR 1000 and Managing Intellectual Property.  This role will be based in our Edinburgh office.
 
We work in a wide range of sectors, both in the UK and internationally, with particular depth of expertise in fashion, branding, IT, life sciences, e-business, film and media, and a Scottish IP dispute resolution / litigation practice. Clients include Pringle of Scotland, the Edrington Group (Famous Grouse / Macallan / Highland Park), Optos PLC, BPI PLC and the Restaurant Group. 
 
The role will involve:
  • Investigating potential IP/IT disputes and advising clients on their options for dispute resolution
  • Negotiating resolutions to IP/IT disputes by way of pre-litigation correspondence, ADR such as mediation, and online dispute resolution such as WIPO/ Nominet disputes
  • Running or assisting with complex IP/IT disputes in the Court of Session
  • Researching complex points of IP/IT law and advising clients
  • Being proactively involved in business development
  • Assisting with preparation of  in tender submissions, presentations, fact sheets and bulletins.
  • Promoting MMS professionally at all external functions
  • Training and develop trainees within the department as appropriate
  • Attending and presenting at in-house and external seminars
The core skills and experience we are looking for is:
  • A minimum of 2 years post qualifying experience in commercial litigation in the Court of Session is essential
  • Experience of handling commercial litigation in the Sheriff court is desirable but not essential
  • Experience in IP / IT dispute work including: trade marks, patents and copyrights, passing off, designs and/or breach of confidentiality is desirable but not essential
  • A good knowledge of Data Protection and FOI legislation and practice would also be advantageous.
  • Excellent interpersonal skills, the ability to engage with colleagues, clients and associates alike
  • Business development skills and a willingness to take part is important as we continue to grow our practice in the Edinburgh market
  • Commercial focus and "can do" attitude. Ability to help clients find commercial, real-world solutions to problems, not just providing textbook advice
Applications and should be made by email to careers@mms.co.uk and should include a CV and covering email which contains statements as to your suitability for the post and your ambitions. 

The deadline for these applications is Friday 30 January 2015.

Back to top
 

Legal Analysts (Glasgow) – Ashurst

Glasgow – Legal Analysts

Ashurst is a leading global law firm. We have 28 offices in 16 countries and advise some of the world's leading financial institutions and corporates as well as governments. 

We have established a new office in Glasgow to deliver innovative legal sourcing solutions and are looking to recruit additional Legal Analysts to this new legal centre of excellence  These are new roles to the market, which reflect the changing way in which legal services are being delivered.

By joining Ashurst, you will have the opportunity to be at the forefront of this change. You will provide high quality service to colleagues within the Ashurst global network of offices, covering a wide range of transactions and advice for Ashurst's major clients.

If you are a law graduate and you would like to be part of a global firm with market leading clients, high profile work and a high performance culture, then we want to hear from you.

For more details on these opportunities, please contact Carolyn O'Connor Email: carolyn.oconnor@ashurst.com or visit www.ashurst.com/recruitment.

Back to top
 

Rural Property Solicitor (NQ – 2 years PQE) – Lindsays


Rural Property Solicitor (NQ – 2 years PQE)
Edinburgh
£neg + Benefits Package


Lindsays is a progressive, mid-sized law firm with a reputation for providing an excellent and outstanding service and our Rural Property Team acts for a wide range of landowning and farming clients.
 
We have a great opportunity for a solicitor to join the Edinburgh team to help provide a quality service to clients principally in the sale and purchase of rural property, crofting, renewables, agricultural holdings, baronies, heraldry and general estate work.
 
The successful candidate is likely to have experience of renewables and rural property work and a genuine interest in rural affairs.  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.  
 
This is an excellent opportunity for someone looking to move to the next stage of their career and, possibly, into a new area of law. 
 
This is a permanent full time role with core hours of 9am - 5pm, although flexi time is available.
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.
 
NO AGENCIES PLEASE

Back to top
 

Real Estate (Construction) Assistant or Associate   – Harper Macleod LLP

 
 
We are looking for a solicitor or associate, with a minimum 2 years PQE, to join our strong, growing Construction practice.

Led by Partners Michael Conroy and Jane McMonagle, the team advises on all aspects of non-contentious construction, working on a broad range of projects both in the public and private sectors, including construction procurement issues, building contracts, professional appointments, collateral warranties, bonds and guarantees, partnering agreements, framework agreements and development agreements

The Construction team works closely with the property, projects, infrastructure and energy teams on high-profile, high-value and complex projects. The successful candidate will have the opportunity to work as part of this group.

The successful candidate will ideally have strong commercial and technical construction skills including experience of transactional construction work. They will be capable of dealing directly with a wide variety of client enquiries , and will be able to work confidently in a fast-moving environment, handling and managing their own workload. 

The candidate should be comfortable dealing with major clients and should be keen to expand the existing client base and to assist in raising the profile of the team.
 
Harper Macleod is 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 and which has grown impressively in both turnover and headcount.
 
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.

Back to top
 

Solicitor/Senior Case Handler/Legal Executive – Lyons Davidson

(GR93/EDI/FVH/11)
Location: Enterprise House, Edinburgh
Salary Band: £30,000 to £40,000 per annum, dependent on experience
 
Lyons Davidson is a national law practice of around 1,000 employees operating from offices in Bristol, Solihull, Leeds, Surrey, Plymouth, Cardiff and London, and our associated practice in Edinburgh, Lyons Davidson Scotland LLP. We also have employees based in onsite client offices in Birmingham and Whitstable.
 
Purpose:
 
An exciting opportunity has arisen for an experienced claims handler, of at least five years PQE or equivalent, to join our busy and growing Pursuer Department in our Edinburgh city centre office to run litigated and/or complex files and supervise a small team.  The successful candidate will play a key role in developing strategy and shaping the future of the office.
 
Duties/Responsibilities:
 
The successful candidate will be responsible for: 
  • Handling own case load, including Court of Session and Ordinary Cause actions, making full use of our case management system;
  • Supervising a small team of NQ and Trainee Solicitors and assisting with more complex elements of their caseload, including high value claims;
  • Assisting others in the department with complex matters, including through assisting with training;
  • Complying with agreed service standards;
  • Communicating with clients, insurers, expert witnesses and solicitors;
  • Dealing with administration as required.
Skills/Competencies required:
 
This would suit an applicant who has previous experience of handling serious injury claims and has the ability to analyse and research legal issues.  Previous experience of PI RTA work, and an awareness of both the Court of Session and Sheriff Court litigation procedure, is essential.  Non motor injury experience is desirable.
 
You will be a team player with good attention to detail, the ability to use your own initiative and to work to strict deadlines, within service standards.  You should also have excellent written and verbal communication skills.
 
For more information or to apply please visit www.joinlyonsdavidson.co.uk
Closing date: 23rd January 2015.

Back to top
 

Knowledge, Learning & Development (KLD) Technical Lawyer – Maclay Murray & Spens LLP



KNOWLEDGE, LEARNING & DEVELOPMENT (KLD) TECHNICAL LAWYER

Maclay Murray & Spens LLP is one of Scotland’s pre-eminent law firms. The firm operates across the UK from offices in Aberdeen, Edinburgh, Glasgow and London.   
                  
Since March 2014, the MMS Knowledge, Learning & Development (KLD) support function has started to manage knowledge and learning in a new way. 

The new approach is based on the development and implementation of standards, processes, templates and methods for knowledge and learning activity, which are known collectively and identifiably as ‘Kite’, and which apply across the business.  Activity is managed, quality assured and continuously improved centrally within KLD.

In this way, our knowledge and learning will be top quality and up to date, and we will be able to develop and use knowledge and learning to achieve maximum impact on our business. Everyone in the Firm will have the best access to the information needed, whether that is technical knowledge or training in personal, professional and commercial skills, in order to serve clients.

We are looking to appoint four full-time equivalent (‘FTE’) solicitors to the newly created Divisional role of KLD Technical Lawyer, to be known internally as ‘Kite Lawyer’.  We would welcome applications from both part-time and full-time candidates.

The KLD team is based in Glasgow.  The successful candidates, whose “home office” can be either Glasgow or Edinburgh, will plan as a team and will hot desk as appropriate to support divisions. An element of travel will be expected where support is needed other than in your home office and for team meetings.

Structurally, the roles will sit within and all activity will be managed through KLD, as the roles will require both individual and team outcomes to be met to support the achievement of the firm-wide Kite strategy.  We are looking for lawyers with strong technical knowledge and skills equivalent and no less than four years PQE.  In addition, support will be available to the successful candidates to continuously develop the L&D, knowledge management, project management and writing skills required for this post. 

If you have an interest in a non-fee earning career path focussed on developing and delivering legal knowledge and learning, KLD would like to hear from you.   This is an exciting time to join and create a vibrant KLD team, make your mark in this newly created job role, and contribute to the success of Kite at this early stage in its growth. 

Applying                                                                                     
 
If you would like further details on the above vacancies and a copy of the job description please contact Victoria MacGillivray, HR Consultant at Victoria.MacGillivray@mms.co.uk.  
 
The first appointments will be to our Corporate, Commercial & Finance Division and Real Estate Division, and are available from January 2015.  Applications should be made by email to Victoria MacGillivray and should include a CV and covering email which contains statements as to your suitability for the post and your ambitions.  The deadline for these applications is Friday 23 January 2015.

The second appointments will be to our Corporate Tax & Private Client Division and Dispute Resolution & Regulatory Division, and will be available from 1 June 2015. However in the interests of building an effective team we intend to take applications and carry out interviews for these positions from now, notwithstanding the successful candidates will not take up their post until 1 June 2015.  The deadline for these applications is Friday 6 February 2015
 

Civil Casework Solicitor – SLAB

Salary from £33,740
 
The Civil Legal Assistance Office (CLAO) is looking for a solicitor to join our team in Aberdeen for up to one year while the current post holder is on maternity leave. With the overall aim of addressing unmet legal need, you will work in partnership with private solicitors and local agencies to ensure a joined up and innovative approach: providing civil casework and other services, including second tier advice and training. The casework will comprise a range of general civil and children’s legal assistance and will include a significant amount of social welfare issues such as housing and debt.
 
If you want to make a difference to real people with real problems that might otherwise go unresolved, you will need the self-motivation, tenacity and integrity to deliver high-quality advice and representation. Further information on what we do across Scotland can be found at www.clao.org.uk
 
With (*normally) a full, post-qualified and unrestricted practising certificate from the Law Society of Scotland, you will have a good knowledge of the civil justice and legal aid systems. Experience in social welfare issues would be helpful.
 
*Normally a full practising certificate is required, but we may consider a restricted practising certificate depending on the circumstances surrounding these restrictions.
 
In return our benefits package includes a competitive holiday entitlement and a contributory defined benefit pension scheme.

Click here to apply.

For assistance, email recruitment@slab.org.uk or phone 0131 240 2027.

Completed applications should be returned by 12 noon on 26 January 2015
 
Back to top
 

Residential Conveyancing Solicitor – VMH Solicitors



Edinburgh
  
VMH Solicitors and Estate Agents has been established for well over 25 years in Edinburgh, growing to become one of the city’s most recognised and respected property solicitors, specialising in the fields of estate agency and residential conveyancing.  In addition, we also offer expertise in Wills, Powers of Attorney, Trusts and Executry work.
 
We are looking to grow our Residential Conveyancing team in our South Clerk Street office in Newington and are seeking a full time Solicitor with solid experience in this area.  As you will be given the opportunity to work on your own full caseload, you will be motivated to work on your own initiative with the minimum of supervision, providing a friendly yet professional service to clients. 
 
Applications will be welcomed from ambitious candidates with a minimum of 1 year PQE through to Associate level with Partnership aspirations and as such, the salary offered will be commensurate with experience.
 
To apply, please forward an up to date CV together with a covering letter to: Caroline McCleery, VMH Solicitors, 10 South Clerk Street, Edinburgh, EH8 9JE or by email to cmc@vmh.co.uk

Back to top
 

Residential Conveyancing/Executory Solicitors, Paralegals and Support staff (Glasgow) – Parabis Scotland

Parabis Scotland is at the forefront of delivering innovative, cost efficient and consumer focused legal services supported by excellent technical resource and strong client relationships. We act for a number of the UK's largest and best know insurance companies and national brands. We consider ourselves to be at the forefront of a developing consumer law market.    
 
We have experienced significant growth and client wins in our core areas. Due to client demand, we are now looking to establish a market leading property and private client service, with a particular focus on conveyancing, remortgage and executory work. 
 
We are looking to recruit a team with the necessary skill, mindset and ambition to drive this project forward. We are ideally placed to take advantage of all the opportunities afforded by current evolutions in the way legal services are delivered, and offer the security you need to make your mark and progress your career.  
 
We are looking for solicitors with a range of PQE experience, paralegals and  support staff who wish to work in a friendly, dynamic team, handling interesting, varied work with high levels of client contact.   You will be looking for an opportunity to maintain your autonomy, whilst enjoying all the benefits of working for a large firm with a commercial, entrepreneurial culture.  You will be actively encouraged to get involved in the operational and strategic development of the practice.
 
To apply for these roles, or to discuss in them in more detail, please contact Laura Dyson at Parabis Resourcing on 0844 2454186, or on laura.dyson@parabisresourcing.co.uk.

Back to top
 

Solicitor – FNZ

Solicitor        
 
Through sustained growth we have this new permanent role in Edinburgh. For a flavour of who we are check out our Facebook page - facebook.com/FNZGroup.  

The new Solicitor will work with our Head of Legal to manage and monitor legal, contractual and company secretarial matters on behalf of the FNZ group.
 
Specific Role Responsibilities:
  • Providing general legal support to the business including day-to-day contractual  queries and sales support
  • Negotiating and drafting client and supplier contracts including significant services/outsourcing agreements with new clients
  • Protecting the FNZ group against legal claims
  • Managing and monitoring relationships with external legal advisors in matters relating to the FNZ group’s business, finances and employees and any corporate, banking or property related transactions
  • Managing, responding to and liaising with external company secretaries
  • Attending and minuting board meetings and assistance with corporate governance related matters
  • Monitoring and reporting on legal developments and how they might affect the FNZ group
  • Managing and maintaining the contracts register 
Experience Required:
  • Commercial/Corporate Solicitor 2-5 years PQE
  • Experience in negotiating and drafting commercial contracts essential
About FNZ:
FNZ is the market leading provider of technology and administration services to major financial institutions in the platform and wealth management sectors across the globe. We partner with life companies, banks, asset managers and discretionary wealth managers to enable them to develop and distribute financial products and services to their customers across all major distribution channels.
 
FNZ has a strong blue-chip customer base including Standard Life, Axa Wealth, JP Morgan, HSBC, AMP, National Australia Bank, Bank of New Zealand, Friends Life, UBS, Zurich Financial and Close Brothers Asset Management. It has helped these customers grow to over £50 billion of platform assets in aggregate. FNZ now employs over 700 people with offices in Edinburgh, London, Bristol, Brno (Czech Republic), Wellington and Sydney.
 
Opportunities:
  • Be part of a highly successful, rapidly growing, global business that is leading the delivery of financial services via cloud computing and partners with some of the world’s largest companies;
  • Remuneration and career advancement is based on individual contribution and business impact rather than tenure or seniority;
  • We provide significant financial rewards for high performing individuals; and
  • We provide global career opportunities for our best employees at any of our offices in the UK, Czech Republic, Australia or New Zealand
How to apply:
Salary will be commensurate with experience.  Should you wish to have a confidential, informal discussion in the first instance, please call Eva Meikle on 0131 473 1462 and I can arrange this for you, or apply directly at www.fnz.com/careers/

Back to top
 

Lawyers – Army Legal Services

The Army’s legal advisors play a vital role both in peacetime and on operations and we’re looking to recruit solicitors or barristers to join us.
Why join?

Work to the same standards as any civilian lawyer, but be given responsibility from the outset in a uniquely varied and challenging environment.
                       
Deploy overseas to give operational advice, prosecute at courts martial, offer legal assistance and provide training on administrative and disciplinary matters.
 
An attractive salary, subsidised accommodation, medical and dental care and the potential to qualify for a pension.
 
Excellent opportunities for travel, as well the opportunities to participate in sport and adventurous training.
 
Benefit from continuous training and support, including the chance to gain CPD points and higher-level professional qualifications.
 
Develop as leaders and managers with the possibility of promotion within the ALS.
 
No billing, no timesheets, no rat race.
 
Who are we looking for?
We are recruiting solicitors, barristers and advocates qualified in England and Wales, Scotland or Northern Ireland. Candidates will have completed a qualifying degree, normally a 2.1 or above; post-graduate studies (LPC or BVC/BPTC) and a 12-month pupillage (barrister) or 2-year training contract (solicitor). You must be either a British & Commonwealth Citizen or Citizen of the Republic of Ireland and have lived in the UK for the last 5 years.

In addition to the mandatory requirements above, we require individuals with strong academic credentials who are fit, dynamic, motivated, intellectually versatile and who possess the right leadership qualities to be a British Army Officer. The Army Legal Services upper age limit is 32, although this can be waived in exceptional circumstances.
 
Interested?
The current recruiting round is now open. The closing date for applications is 26th January  2015, with interviews will taking place in March 2015.
 
Apply now
 
For more information on what a career in the Army Legal Services can offer visit our webpage
 
For a confidential discussion about legal roles in the Army, please contact Charlotte Critchlow on 07827 982024 or email ARTD-RG-ACCNatPQOSCA1@mod.uk

Back to top
 

Solicitor (3-5 year PQE, Residential Conveyancing)  – Miller Hendry



Miller Hendry is a long established legal practice which has served individuals and businesses in the Tayside and Strathearn area for generations. The firm has grown to be one of the largest legal practices in the area.

We continue to try to shape in a proactive way the services we provide to meet the ever changing needs of our clients. Whatever the problem, be it personal or business, large or small, routine or complex, it will be given individual attention and will be handled according to the highest professional standards.
 
We have a full-time opportunity for a 3-5 year PQE Solicitor based in our Perth office.
 
Working in our Residential Property department the principal areas of work will be house purchases and sales, re-mortgages, security documentation, property transfers, matters affecting property rights, leasing, and executing missives.
 
£30K-£35K (depending on experience)
 
A full job description is available at www.millerhendrysolicitors.co.uk
 
To apply send a covering letter and CV to: Audrey Harte, HR Adviser, Miller Hendry,
10 Blackfriars Street, Perth, PH1 5NS
 or
Email: hr@millerhendry.co.uk.
 

IP&T Solicitor (4 years PQE+) –  Harper Macleod LLP



Glasgow / Edinburgh
 
Harper Macleod LLP wishes to expand its internationally active IP&T team, through the appointment of a 4 years plus PQE solicitor.
 
The position offers the opportunity to deal with multiple complex, challenging and high-profile IP&T matters and a clear path for career progression. The opportunity is very much client facing, and will bring with it opportunities for business development.
 
The role would particularly suit someone with experience of patent law, information technology contracting and/or the life sciences.
 
Harper Macleod's IP&T team acts for blue chip multinationals, multiple high-tech spinouts and startups, funders, governmental and regulatory bodies, and has a strong presence in the energy, software, internet, sports, retail and life sciences sectors.  The team has also advised on many of Scotland’s large-scale telecoms projects, and is actively engaged in funded research work in the field of IP.
 
The team is rated in Chambers Guide to the Legal Profession and is described as "genuinely innovative".
 
To apply please send a CV and current salary details to Kirsty Selfridge kirsty.selfridge@harpermacleod.co.uk.
 
Back to top
 

Solicitor (Commercial Property, Glasgow) – Morton Fraser


 
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.
 
The role
To support and assist partners and other fee earners within the Commercial Property division and to provide an excellent legal service to clients.

Key Tasks
  • Managing your workload competently, professionally, and cost effectively to achieve client satisfaction and firm objectives.
  • Being pro-active in the financial control of all your own matters as the fee-earner, including accurate time recording and prompt feeing.
  • Examining title and report to clients.
  • Negotiating with other solicitors and implementing commercial property purchase and sale contracts.
  • Revising leases for either tenants or landlords.
  • Researching and preparing opinions on commercial property issues.
  • Assisting with development of commercial property styles and templates.
  • Contributing constructively to the work of other members of the Commercial Property division.
  • Supporting your team/division marketing initiatives, events and seminar programme.
  • Managing your own technical learning and actively contribute to the forum for the exchange of technical knowledge within your team/division.
 
Person specification 
  • You have 0-4 years PQE, a genuine interest in commercial property and a wish to specialise in this area of legal practice.
  • You have a good commercial awareness and effective negotiation skills.
  • 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.
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.
 
Back to top
 

CPD, Courses & Events

Upcoming CPD event for lawyers in Scotland


"Buying & Selling Land for Development in Scotland"

To book via our website, please click here or alternatively you can contact Lucy Jones at MBL Seminars.
 
Email: lucy@mblseminars.com or telephone 0161 793 0984 quoting reference SLN15.
 

TrustBar and Edinburgh Tax Network to host talk by Lord Hodge

Lord Hodge

The Trusts, Fiduciaries and Executries Bar Group (TrustBar) and the Edinburgh Tax Network are privileged and delighted to host a talk by the Rt. Hon. Lord Hodge on the UK Supreme Court case ‘Marley v. Rawlings” at Parliament Hall, Parliament House, Edinburgh on Thursday 12th February 2015 at 5 p.m.
 
Marley v. Rawlings involved the alteration of a will through rectification. The Supreme Court explored the possibility of such rectification under Scots law. It also explored the use of principles for the interpretation of contracts for the interpretation of wills and the relationship between interpretation and rectification of the terms of a will or other deed.
 
 For anyone who advises on wills, trusts and/or tax consequences associated with them, when faced with a deed which does not produce the intended result, knowing what is possible to put is right is essential. As one of the judges in Marley Lord Hodge is uniquely placed to give his views on such matters and what the case may hold for Scots law. 

TrustBar promotes the expertise of advocates in all areas concerning fiduciary relationships including directorship, partnership, agency, executors and trustees. The Edinburgh Tax Network was formed in 2009 as a means of promoting the tax profession, irrespective of the actual qualifications held, through joint CPD and providing networking events. The organising committee consists of representatives from:-
  • The Chartered Institute of Taxation (Scotland Branch)
  • Institute of Chartered Accountants Scotland (ICAS)
  • TrustBar
  • Society of Trust & Estate Practitioners Scotland (STEP Scotland)
  • ICAEW Scotland  
The seminar has been accredited by the Faculty of Advocates as contributing 1 hour CPD for its own members and is eligible for a similar award from the Law Society of Scotland for the solicitor branch of the profession. The seminar will be followed by drinks and canapés and attendance is free of charge, thanks to sponsorship from Lombard Odier. Early booking is strongly recommended. 

For full information please click here

To reserve your place, please e-mail seminars@terrafirmachambers.com

Back to top
 

AM Advocates – Four Seasons Seminar: Scottish Court Reforms (SOLD OUT, waiting lists in place)

Many thanks to everyone who has registered for the Four Seasons Seminars.  Due to unprecedented demand both the Edinburgh and Glasgow Events have sold out! 

Waiting lists are in place for both venues and you can add your name to the lists by visiting our Events booking site (see link below).  We are actively investigating adding further dates and considering venues in different parts of the country.  Watch this space.

Thursday 5th February 2015, 5pm to 7pm Thursday 12th February, 5pm to 7pm
Mackenzie Building, Royal Faculty of Procurators in Glasgow
High Street, 12 Nelson Mandela Place,
Edinburgh, EH1 1QX Glasgow, G2 1BT
 
Arnot Manderson Advocates are delighted to announce the first instalment in a new series of quarterly seminars – The Four Seasons. The focus of each seminar will be to provide useful, practical and expert insights into new developments in the law and legal practice. The opening “Winter” edition of the series is dedicated to the issue of Scottish Court Reform. It will be of interest to all solicitors, particularly court practitioners.  So why not leave the cold weather outside and listen to three knowledgeable and experienced stable members address the hot topic of the Courts Reform (Scotland) Act and its implications.
 
The Seminar has been designed by the Stable to give practical guidance ahead of the forthcoming changes and will qualify for 1.5 hours of CPD.  The talks will be presented in both Edinburgh and Glasgow.
 
These events are free but places are limited.  We anticipate high demand so to ensure your attendance you are required to book a place on our AM Events Booking system which can be found here or via the ‘News and events’ section of our website www.amadvocates.co.uk, taking care to register for the correct venue.
 
Programme:
 
4:45pm to 5:00pm - Coffee and Registration.
 
5.00pm to 5.40pm – Jonathan Brodie QC - “An Action fit for the 21st Century”  Following a welcome and introduction to the first of AM Advocates’ “Four Seasons’ Seminars”,  Jonathan will provide an overview of  the principal changes to be introduced and how they will affect the choice, shape and conduct of litigation in the Sheriff Court and Court of Session.
 
5:40pm to 6:10pm – Scott Manson, Advocate  -  “New rules with new tools - The Court of Session comes to town”  Scott will examine, from both a substantive and practical perspective, some of the new remedies and procedures which will soon be available to civil practitioners in the Sheriff Court for the first time. 
 
6:10pm to 6:40pm – Timothy Young, Advocate  - “Snakes and Ladders: Moving between the new Court structures”  Tim will discuss the significant changes to the way in which actions can, and will, move between different levels of the new Court Structure under the 2014 Act, including a review of the new ‘Second Appeals Test’, a review of the new rules on remitting cases, and a discussion of the implication of these changes for the conduct of litigation in Scotland more generally.”   
 
6:40pm to 6:55pm - Question and Answer Session.
 
6:55pm to 7:00pm – A message from the AM Advocates clerking team.
 
7:00pm to 7:30pm – Wine Reception (Edinburgh) – Pub (Glasgow)!



Back to top
 

Scott + Co Legal Awards finalists urged book now as awards near sell out

The finalist firms revealed in the 12th annual Scottish Legal Awards are being urged to book their seats for the biggest celebration in the legal calendar as the event edges closer to a sell-out.
 
There are still nine weeks left for the 37 firms who have progressed to the final stages to celebrate their achievements in the competition which is sponsored by Scott + Co and attended by the profession every year in large numbers.
 
The popular event sold out with weeks to go when it moved to the Edinburgh Assembly Rooms last year and returns there in March for the second time following a positive feedback from guests.
 
With another busy year of judging completed - 62 entries made the shortlist in a year which attracted a record-high number of firms in the awards 12-year history – the finalists will have to wait until 26 March to hear announcements on the winners.
 
The 12th Annual Scott + Co Scottish Legal Awards dinner takes place on at the Assembly Rooms, Edinburgh, on Thursday 26 March 2015

To book at table at the awards please visit www.kdmedia.co.uk  to submit a booking form.
 
The awards are operated in support of It’s Good 2 Give and LawWorks Scotland.
 
THE 2015 FINALISTS
 
Specialist Lawyer of the Year
John McGovern - DAC Beachcroft Scotland LLP
Robert Sheridan - Scullion LAW
 
Rising Star of the Year sponsored by The Law Society of Scotland
Sara Jalicy - Anderson Strathern LLP
Elaine Cunningham - Brodies
Casey Thompson - DAC Beachcroft Scotland LLP
Mark Hastings - DAC Beachcroft Scotland LLP
Audrey Junner - Hill Brown Solicitors
Lisa Maguire - MacRoberts
 
Family Law Team of the Year
Family Law Matters Scotland LLP
Morton Fraser
MTM Specialist Family Lawyers
Simpson & Marwick
 
Employment Team of the Year sponsored by Badenoch & Clark
Allan McDougall Solicitors
Anderson Strathern LLP
 
Community Contribution sponsored by Wolffe
Digby Brown LLP
MOV8 Real Estate
Scullion LAW
 
Residential Property Team of the Year sponsored by the National Association of Estate Agents
Allan McDougall Solicitors
Anderson Strathern LLP
Mackinnons
Maloco + associates
McEwan Fraser Legal
Simpson & Marwick
 
Paralegal of the Year
Penny Law - DAC Beachcroft Scotland LLP
Hazel Rodden - DAC Beachcroft Scotland LLP
Kelie Cooper - MacPhee & Partners
 
Public Sector Law Team of the Year
Anderson Strathern LLP
DWF
Harper Mcleod LLP
Simpson & Marwick
 
Litigation Team of the Year
ADLP
Allan McDougall Solicitors
Anderson Strathern LLP
DAC Beachcroft Scotland LLP
Digby Brown LLP
DLA Piper Scotland
Shoosmiths
Simpson & Marwick
Thompsons Solicitors
 
Pro Bono Award
Faculty of Advocates
The Aberdeen Law Project
DLA Piper Scotland LLP
University of Strathclyde Law Clinic
 
Employer of the Year
Digby Brown LLP
Harper Mcleod LLP
MacPhee & Partners
MOV8 Real Estate
Shoosmiths
 
Training Provider of the Year sponsored by Barr Printers
'Royal Faculty of Procurators in Glasgow (RFPG), including the Trainee and Newly Qualified Society (TANQ)
Scottish Young Lawyers' Association
 
In House Legal Team of the Year
The winner will be announced at the awards dinner
 
Support Team of the Year
ESPC
Millar & Bryce
Moore Legal Technology
The Cashroom
 
Firm of the Year sponsored by DX
Digby Brown LLP
DLA Piper Scotlamd LLP
Simpson & Marwick
Thompsons Solicitors
 
Lifetime Achievement Award sponsored by the Scotsman
 
The winner will be announced at the awards dinner.
 
Managing Partner of the Year sponsored by Bank of Scotland
 
The winner will be announced at the awards dinner.

Back to top
 

Thirty Years of Judicial Review in Scotland, 26 January 2015

This one day conference is being held jointly by Glasgow and Strathclyde University Law Schools to mark the thirtieth anniversary of the introduction of the specialised judicial review procedure in Scotland.  

It is an opportunity for practitioners, academics and law students to reflect on developments since 1985, how judicial review is working today, and how it might develop in future.  

It is particularly timely given the important reforms to the judicial review procedure about to be introduced by the Courts Reform (Scotland) Bill 2014.  

The programme features contributions by leading public law academics and practitioners, and a keynote address by the Right Hon Lord Reed, justice of the Supreme Court.

To register for this event please visit the Strathclyde University Online Shop.  Registration fee £25.  

Attendance at this event will qualify for 5 hours CPD.

Back to top
 
15937_DigbyBrownSkyscraper131211
53922_LawCare 22908_SCOLAG 60944_SantePerth

Please note that Scottish Legal News accepts no responsibility for viruses. It's your responsibility to scan attachments.

Scottish Legal News is a digest of news stories from many sources. We strive to be accurate. If you see anything in the bulletin which is misleading or wrong, please contact the Editor

Copyright © 2015 E News-Now Ltd, All rights reserved.
Subscribed