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Scottish Legal News: Thursday 12th May 2016

 

Latest Jobs Events

Terra Firma deputy clerk to run in aid of Parkinson’s UK

Terra Firma Chambers’ deputy clerk, Andy Veitch will be running the Edinburgh Marathon on Sunday 29th May in aid of Parkinson’s UK.
 
Every hour, someone in the UK is told they have Parkinson's. Parkinson’s UK offer friendship, support, expert information and advice; they also fund ground breaking research into Parkinson's and are leading the way to find a cure.
 
If you would like to sponsor Andy and find out more about this challenge, please visit his JustGiving page:-
 
http://www.justgiving.com/AndrewGVeitch
 
Donating through JustGiving is simple, fast and totally secure; they send your donation straight to Parkinson’s UK so it’s a quick and safe way to donate.

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Latest News 

Korean man who claimed interpreter ‘impeded’ his understanding of rape trial loses appeal against conviction

A Korean man found guilty of rape who claimed that he did not receive a fair trial because the interpreter at the trial “impeded” his ability to understand the proceedings has failed in an appeal against his conviction.
 
The Criminal Appeal Court refused the appeal after ruling that the appellant had not suffered any prejudice as a result of his alleged lack of understanding.
 
The Lord Justice General, Lord Carloway, sitting with Lord Menzies and Lord Bracadale, heard that the appellant San Lee was sentenced to four years and six months imprisonment in July 2014 after being convicted of rape following at trial at the High Court in Edinburgh.
 
The note of appeal raised the issue of whether the appellant had a fair trial in circumstances in which, having initially stated that he did not want an interpreter at all and then changing his mind, the interpreter impeded rather than improved his understanding of the proceedings.
 
The note also contended that the trial judge erred in her directions on “reasonable belief”.
 
The appellant, who came to the UK from Korea at the age of 14 with no English because of a desire to become a professional footballer, complained that the interpreter “had not been properly qualified” as he did not possess the Diploma in Public Service Interpreting.
 
It was argued that the standard of his interpretation had fallen below “acceptable standards” and “failed to provide an adequate procedural safeguard”.
 
The appellant maintained that he could not understand the court proceedings at the preliminary hearing as the interpreter would “miss out a lot and was very slow”.
 
He formed the view that his interpreter was from the South East of South Korea as he had a “very strong accent” and sometimes the appellant did not know what the interpreter was saying in Korean.
 
The appellant had raised his concerns with his counsel and the matter was discussed with the judge, but the appellant was not able to follow the discussion between his counsel and the judge and the interpreter’s attempts to explain it to him were unsuccessful.
 
During the trial the appellant became angry because of the standard of interpretation and told the interpreter that he was mumbling and going around in circles and that he needed him to talk faster.
 
In support of the ground of appeal two reports and an affidavit from Professor Isabelle Perez, a Professorial Fellow in Languages and Intercultural Studies in the School of Management and Languages at Heriot-Watt University, were produced, which concluded that the interpreter was “not sufficiently qualified”.
 
Given his limited competence in English, the unknown quality of the Korean interpretation and the unfamiliar technical legal content of the output, it was said that the appellant’s ability to understand what was being said had been “impaired” and the trial judge had not followed the recommendations contained in chapter 5 of the Equal Treatment Bench Book.

However, the appeal judges observed that the interpreter did have the Certificate in Public Service Interpreting from the Glasgow Interpreting Service, which was the predecessor of the DPSI and in any event, the interpreter had 10 years’ interpreting experience.
 
The booking form, which the Scottish Courts and Tribunal Service and its contractor Global Language Services Ltd use, specified the interpreter’s qualifications correctly and did not suggest that he did “not fully meet the requirements sought”.
 
“There is nothing to demonstrate that the interpreter did not possess the necessary skills and qualifications or that he was anything other than efficient and professional in the service which he provided,” Lord Carloway added.
 
Delivering the opinion of the court, the Lord Justice General said: “For the court to entertain a complaint of this kind, it must be satisfied that the appellant might have been prejudiced by his lack of understanding. There is nothing substantial to indicate that this appellant might have suffered prejudice. Although the court has the primary obligation to ensure the fairness of the trial proceedings, the conduct of the defence is essentially a matter between an accused and his representatives.
 
“If there had been any continuing difficulty with the interpreter, the appellant could have drawn that to the court’s attention, through his representatives. On the basis that the minute of 25 June 2014 records that any issue with the interpretation would be re-visited at lunchtime ‘if need be’, in the absence of any further complaint, the judge was entitled to assume that any issue had resolved itself and that there was no ongoing difficulty.”
 
In relation to the second ground of appeal, the court observed that there was an error in the judge’s use of “reasonable” in the impugned direction, but the appeal court concluded that this was “clearly a linguistic slip”.
 
Lord Carloway continued: “The tenor of the charge, however, would have been clear to the jury; viz. that, if they considered that the appellant believed that the complainer had consented, they required to acquit if that belief was reasonable (or had a reasonable doubt about that).
 
“There is a more significant misdirection, which is not strictly raised in the appeal, where the judge directs the jury that, if the appellant reasonably believed that the complainer was capable of consenting, they should acquit.
 
“It is not clear why, having given the jury clear directions on the requirements for proof of rape, the judge engaged in this curious frolic. However, if anything, it favoured the appellant and no miscarriage of justice can be seen to have occurred.”
 
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Iraqi civilians fail in tortious claim against Ministry of Defence over maltreatment by British forces

Iraqi civilians who said they suffered at the hands of the British armed forces have failed in their tortious claim against the Ministry of Defence as a consequence of foreign time-bar rules.
 
The Supreme Court, comprising Lord Neuberger, Lady Hale, Lord Mance, Lord Sumption (pictured) and Lord Reed, unanimously dismissed the appeal by the Iraqi Civilians, and affirmed the Court of Appeal’s conclusion that the limitation period was not suspended under article 435(1) of the Iraqi Civil Code. Lord Sumption gave the only judgment, with which the other justices agreed.
 
The appellants were 14 lead claimants in claims by over 600 Iraqi citizens who claimed to have suffered unlawful detention and/or physical maltreatment at the hands of British armed forces in Iraq between 2003 and 2009. The claims were brought in tort in England against the Ministry of Defence. The torts are governed by Iraqi law.
 
The Foreign Limitation Periods Act 1984 provides that where a claim is brought in England which is governed by a foreign law, the English courts are to apply the foreign law of limitation. In a substantial number of these cases the action was begun more than three years after the relevant claimant became aware of the injury and the person who caused it, and was therefore time-barred under article 232 of the Iraqi Civil Code.
 
The appellants argued that time had been suspended for limitation purposes under article 435(1) of the Civil Code, which suspends the time limit during any period when there is “[an] impediment rendering it impossible for the plaintiff to claim his right”. They said that Coalition Provisional Authority Order 17 (CPA Order 17), which gave coalition forces immunity from Iraqi legal process and jurisdiction and still has force of law in Iraq, was such an “impediment”.
 
The first instance judge directed the hearing of a preliminary issue, namely whether the suspensory proviso in article 435(1) applied to the claimants’ proceedings in England. He held that the limitation period was suspended under article 435(1).

The Court of Appeal allowed the Ministry of Defence’s appeal, holding that article 435(1) was not engaged, because the English courts are not bound to apply CPA Order 17, which is a mere procedural bar that is irrelevant to proceedings in England.
 
The Foreign Limitation Periods Act 1984 requires an English court to apply to English proceedings a foreign law of limitation which will have been designed for proceedings in the foreign country. This requires a process of transposition. Facts that the foreign law would have treated as relevant to the foreign proceedings might be irrelevant to the proceedings in England.
 
Where the Iraqi law of limitation depends on some fact about the proceedings, the English court must ask whether that fact is applicable to proceedings brought in England, and not to hypothetical proceedings that might have been brought in Iraq. CPA Order 17 applies only in Iraq. It is not an impediment to the only relevant proceedings, which are in England.

It did not therefore suspend the running of the Iraqi law limitation period.

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Crown finds no evidence of criminal conduct at RBS over 2008 rights issue

There is insufficient evidence that there was criminal conduct at the Royal Bank of Scotland during its 2008 rights issue according to the Crown Office and Procurator Fiscal Service.
 
The Crown’s five-year investigation into the failure of the bank, the biggest corporate disaster in British history, has ended with no action being taken against former chief executive Fred Goodwin and his colleagues.
 
A spokesperson said the Crown’s investigation in the wake of the FCA report in 2011 focused on the rights issue between April and June 2008 and whether there was criminal conduct associated with it.

Media reports suggest more than 63,000 small shareholders lost money, with many more affected through their pension funds.

The greatest average loss, of almost £5,500, was suffered by 1,700 Edinburgh-based investors.

The COPFS spokesperson said: "If there were such evidence those responsible would face prosecution. If not, the public in Scotland could be reassured that the matter had been properly investigated. 

“This was an extremely complex investigation which included the examination of over 160,000 documents by a team of specialist forensic accountants and banking experts, supervised by the Serious and Organised Crime Division.
 
“The investigation involved close co-operation with a range of financial regulators and banking institutions, including the Financial Conduct Authority, the Prudential Regulation Authority, the Federal Reserve Bank of New York, the Serious Fraud Office and the Financial Reporting Council.”
 
They added: “Following careful examination of all the evidence seen to date, Crown Counsel have decided that there is insufficient evidence in law of criminal conduct either in relation to RBS as an institution or any directors or other senior management involved in the rights issue.
 
“If any further evidence comes to light which is relevant to this enquiry it will be considered by the Crown and we reserve the right to make further enquiry, if considered appropriate.”

A civil action is being brought against the bank by shareholders and is due to be heard in England next March. 
 

Blog: A word of warning for solicitors seeking to appoint themselves as guardians

A recent decision by Sheriff Peter Braid in Edinburgh, in the case of Summary Application under the Adults with Incapacity (Scotland) Act 2000 by J, Solicitor in respect of the Adult F, will give practitioners food for thought when applying to have themselves appointed as financial guardian in respect of incapax adults, writes Cameron Shaw (pictured).
 
Practitioners regularly find themselves in a position where clients have lost capacity and the relevant local authority is slow to take decisive action to deal with the adult’s pressing financial and property affairs.  In these circumstances who is to act in the adult’s best interests?  In practice solicitors can find themselves taking on the mantle of applying for guardianship and having themselves, or a colleague, appointed as guardian in the situations.

In terms of the legislation, local authorities are under a duty under section 57(2) of the Act to take forward a guardianship application, financial or welfare or both, if there is no-one else who is able to take forward the application. However, if the local authority cannot be the adult’s financial guardian, then the local authority will usually seek to have someone appointed from a list of approved financial guardians which the local authority provides to the court.
 
A recent decision by Sheriff Braid in Edinburgh in respect of the adult F may make solicitors think twice about applying to court on behalf of the their incapax clients who require a financial Guardianship. The Pursuer was seeking to be appointed as financial Guardian in respect of an 87-year-old client. The Pursuer, a solicitor, claimed that she had an interest in the property and financial affairs of the adult. The Pursuer averred that she had developed a close relationship with the adult whilst working for her, that she was familiar with the adult’s finances and that she had an interest in the property and financial affairs of the adult because of the information that the adult had divulged to her. Furthermore, it was averred that the adult had not disclosed the information that she gave to the Pursuer to anyone else. The Pursuer also claimed that her relationship with the adult was more personal than a normal solicitor-client relationship.
 
Persons with an interest?
Sheriff Braid states in the note of his judgment that he had concerns regarding the nature of the Pursuer’s interest which she claimed entitled her to make the application.  In her submissions the Pursuer referred to Adrian Ward, Adult Incapacity (1st Edition) at pages 23 and 24, where the author, after referring to a solicitor’s general duty to society and to serve the interests of justice, goes on to state:  “In some cases, the solicitor may be able only to advise and suggest; but should not neglect to do so.  In others, the solicitor may well be ‘a person claiming an interest’ or even ‘a person having an interest’.” 
 
Sheriff Braid stated, in terms of persons claiming an interest, that in his view this must mean something more than just a “bald assertion” that the Pursuer has an interest. The Sheriff states that if it was simply that people could claim an interest and thereafter make an application and be appointed then literally any person could bring an action in respect of an adult, which the Sheriff stated cannot be correct.
 
The Sheriff stated that in the present action he was satisfied that the Pursuer and the adult had a close relationship (albeit of only a year’s duration) and conceded  that there is a moral duty to bring forward an application. But the Sheriff took the view that this might have entitled the Pursuer to seek to be appointed as welfare guardian in respect of the Adult, not as a financial guardian. The Sheriff stated that in order to bring forward an application in respect of an adult’s property or finances that the applicant should claim a real interest, in the adult’s finances or property. The Sheriff stated that “real interest” in relation to property and financial affairs of an adult must denote some form of patrimonial interest i.e property or finances that would likely be inherited by the applicant. In this case the Sheriff’s view was that the Pursuer did not have a real interest. 

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Anti-corruption statement from professional bodies across the UK

A group of professional bodies spanning law and accountancy has pledged to continue their work to tackle bribery, corruption, tax-evasion, money laundering and the financing of international terrorism as leaders from across the world gather in London for an anti-corruption summit.
 
The organisations, convened by the Law Society of England and Wales, include the Institute of Chartered Accountants in England and Wales (ICAEW), STEP, Law Society of Northern Ireland, Law Society of Scotland, IFAC, ACCA, CIPFA, ICAS, Chartered Accountants Ireland, CIMA, ATT, AIA, CIOT, IAB, ICB, IPA, IFA and UK200.
 
They made their statement on the eve of the UK government-organised meeting saying they "deplored corruption and the significant harm it causes".
 
They said: "For many years, professional bodies have worked alongside government, regulators, law enforcement and international bodies and supported our members to combat bribery, corruption, tax-evasion, money laundering and the financing of international terrorism. We will continue this work and provide support to facilitate national and international co-operation and to improve monitoring and enforcement systems.
 
"We deplore corruption and the significant harm it causes; we play a vital role in training, educating and supporting our professions to uphold the highest levels of integrity and ethical standards."
 
Jonathan Smithers, president of the Law Society said: "The UK has a leading role to play in tackling this blight. We already have some of the toughest anti-money laundering rules, and the profession of solicitors along with accountants and others stand united against corruption in all its forms."
 
Christine McLintock, president of the Law Society of Scotland, said: “We fully support this initiative. It’s important that we work alongside the UK government and our colleagues across the legal and financial sectors to ensure that UK is a hostile environment for anyone involved in fraud or corruption.
 
Michael Izza, ICAEW chief executive, said: “Corruption does not just enrich criminals, it does untold damage to society and business by undermining trust. This is why professional bodies work with national and international regulators and  law enforcement to support our members' efforts to combat all forms of financial crime. Today’s pledge is a commitment to continue that fight for the very highest standards of ethics and integrity.”
 
George Hodgson, deputy chief executive of STEP, said: “We recognise the importance that both governments and the general public attach to tackling corruption and money laundering. Enormous progress has been made recently. We look forward to continuing to work with governments and international bodies to develop and enforce practical and cost-effective international standards to tackle criminal abuse and to rebuild confidence in the international financial system.”
 
The UK government has invited the 20 member states of the G20 to the summit. US Secretary of State John Kerry is among those due to attend at the event in London today.

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Cameron proposes strict corporate money laundering offence 

The Prime Minister, David Cameron (pictured), has revealed plans to introduce a new offence for companies that fail to prevent money laundering or fraud in their firms.
 
Writing in The Guardian ahead of an anti-corruption summit today, he said all foreign companies buying UK property would have to disclose their ultimate owners in a public register.
 
Under the proposals, where an employee is charged with money laundering, the company would be considered liable if it failed to show it had procedures in places to stop fraud and money laundering.
 
Describing corruption as “one of the greatest enemies to progress”, the Prime Minister added that the new measures “will clean up our property market and send a clear message to the corrupt that there is no home for them here”.
 
Foreign companies own 100,000 properties south of the border, with more than 44,000 in London.

Mr Cameron added that if UK authorities believe a property was bought with illegal gains, it could result in a reversal of the burden of proof, with the owner requiring to demonstrate the funds used were legitimate or risk having their assets seized.

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Germany to annul convictions of gay men prosecuted under 19th century law

Germany is to annul the convictions of gay men who fell foul of a law criminalising homosexuality that was applied strictly after the War.
 
Heiko Maas, the justice minister (pictured), is to overturn the convictions and create a new “right to compensation”.
 
About 50,000 men were convicted between 1946 and 1969 under the 19th century law.
 
Mr Maas said: "We will never be able to eliminate completely these outrages by the state, but we want to rehabilitate the victims.
 
"The homosexual men who were convicted should no longer have to live with the taint of conviction."
 
In 2002, Germany overturned convictions imposed during the Nazi period but not those imposed after the end of the War.
 
The country’s Federal Anti-discrimination Agency has now produced a study finding that the government is legally obliged to rehabilitate the men.
 
Professor Martin Burgi, who authored the report, said all convictions must be overturned and that compensation should also be provided.
 
Christine Luders, head of the agency, said she is happy with the results and that the "open wound in the rule of law" needs to be healed.
 
Germany has permitted civil partnerships since 2001 and gay couples have the same tax status and adoption rights as married couples.
 
However, pressure is mounting on the government to allow gay marriage.

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Compass Chambers Glasgow Conference 2016

Compass Chambers are delighted to invite you to our Glasgow Conference.

The Conference will take place on Friday 27th May 2016 at 200 SVS (200 St Vincent Street), from 1pm until 5pm.  Under the Law Society of Scotland's Guidelines, delegates may claim 3 hours of CPD time.  The conference is FREE to attend however this year, for the first time in Glasgow, we are asking delegates for a minimum donation of £10 each to our nominated charity for 2016, Child Brain Injury Trust.  Donations can either be made on the day, by texting COMP16 £10 to 70070 or by visiting our Virgin Money Giving page.

The programme provides a comprehensive review of the latest procedural and policy developments in Compass Chambers' core areas of Reparation, Regulatory Crime and Professional Negligence.  The Conference aims to provide delegates with up-to-date information regarding the important issues concerning these core areas along with the opportunity to discuss some of the most significant and current developments.  Members of Compass Chambers who specialise in these areas will lead the presentations.

The Conference will commence at 1:00pm with registration and run through until 5:00pm.  A drinks reception and canapés will follow to which all conference attendees are invited.

Programme

13:00:  Registration
13:30:  Welcome – Peter Gray QC
13:45:  Health and Safety update: recent developments in sentencing and appeals against improvement and prohibition notices – Peter Gray QC
14:30:  Employer’s Liability – Ian MacKay QC and Jillian Martin-Brown
15:15:  Coffee Break
15:30:  Delictual liabilities of organisers, occupiers and participants in leisure events  –   Steve Laing
16:15:  All Scotland Personal Injury Court Update – Steve Love
16:55:  Conclusions and Close  - Peter Gray QC
17:00:  Drinks Reception and Canapés
Book Now To Avoid Disappointment!!

To reserve your place at the Glasgow Conference, please contact Kiera Johnston - kiera.johnston@compasschambers.com - 0131 260 5657
 
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Scots Law 2016 returns to Glasgow in June



Next month will see the return of the Scots Law Conference/Exhibition Series to Glasgow with eight conferences over two days at the Hilton Hotel.

Featuring prestigious speakers from the Bar, academia and private practice, the conferences on 20th June will cover Land Registration, Criminal Law, Contract Law and Family Law.  On 21st June, Employment Law, Private Client, Commercial Property and Health & Safety will be covered.  Each individual conference qualifies for 6 hours CPD, with prices starting from £165 plus VAT.

Delegates can register by booking at www.clt.scot, emailing enquiries@clt.scot or calling 0141 225 6700.

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And finally… birdbrain

Aberdeen Sheriff Court's patience with a serial bird thief ran out after he was convicted of stealing pigeons shortly after being offered an olive branch in a similar case.

Dean Wells, 23, was last year convicted of the theft of 24 racing pigeons from an Aberdeen pensioner's loft.

He was given a chance to prove his good behaviour when Sheriff William Taylor deferred his sentence by six months.

But he was sentenced to 22 days in prison for the theft at a hearing yesterday after Sheriff Margaret Hodge heard he had been convicted since then of the theft of 19 pigeons in late 2014.

Wells also had a prior conviction for theft after pocketing three of his uncle's budgies four years ago.

He will serve his sentences for the recent offences concurrently.

  • Contributions from SLN readers to our "And finally" section are welcome – they should be sent to: newsdesk@scottishnews.com

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Jobs

Variety of Commercial (NQ 2 Yrs PQE roles) – Thorntons Law LLP



Thorntons Law LLP is one of Scotland’s fastest growing law firms. We have a diverse range of commercial and public sector clients including the Scottish Government, SSE plc, local authorities, universities and a range of high growth and creative industry companies that generate varied and exciting projects for our solicitors.

We are expanding across all our offices and with ambitious plans to further build on this growth we have the following vacancies for Solicitors at NQ - 2 years PQE to join our Business Law teams based across our offices in Dundee, Edinburgh and Fife.
 
Corporate Solicitors
IP Solicitors
Employment Solicitors
Commercial Property Solicitors

Ideally candidates will have a minimum of 6 months experience in their chosen area of specialism. However we will equally consider candidates with more general experience with proven ability, enthusiasm and a willingness to learn and develop.  
 
We have vacancies in various locations and are open to discussing options with potential candidates. One of the Corporate/IP roles will be based in our St Andrews office.
 
To apply for these roles please email a CV and a covering letter to hrd@thorntons-law.co.uk or for more information please contact Fiona Stewart on 01382 723 170.

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Dispute Resolution Solicitor (NQ - 1 PQE) – Burness Paull

Aberdeen office

Burness Paull is one of Scotland’s premier law firms with offices of equal size and strength across Aberdeen, Edinburgh and Glasgow, serving clients in Scotland, the UK and globally.

We are looking to recruit a Solicitor (NQ – 1 PQE) for the Dispute Resolution Division in our Aberdeen office.  The successful candidate will work alongside Neil Smith, our Aberdeen DR partner.  

Candidates should have general commercial litigation experience, reflecting their level of qualification. Experience of contract disputes would be an advantage.

The role will involve providing advice, appearance work and assisting more senior members of the team.

You must have a passion for commercial litigation, be pragmatic and results focused, while working under pressure. We are looking for candidates with a positive attitude, willingness to learn, excellent written and oral communication skills, and who are determined to provide a first-class service.

Ability to work in a close-knit team and a strong work ethic is also essential.

This is a fantastic opportunity to join a leading team in a successful, growing firm.

If you would like to discuss the role in more detail, please contact Michelle Scott on 01224 261 286. 

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Paralegal (Motor Fraud) – DAC Beachcroft Scotland


 
Ref No.   30305
 
Job Title   Paralegal - Motor Fraud
 
Work Type   Full Time - Permanent
 
Department   Claims Solutions
 
Role   Paralegal
 
Location   Edinburgh
 
Description
Vacancy Paralegal 
Team Claims Solutions - Fraud
Location Edinburgh
Job ref:30305

Core responsibilities

• To provide a timely professional and high quality service to clients
• To handle a varied case load of pre litigated and litigated potentially fraudulent claims, with an emphasis on minimal impact cases and with exposure to claims involving other fraud types across a number of clients initially through the provision of support to the Partner and Associate.
• To demonstrate sound file management – to include compliance with DAC Beachcroft protocols and client protocols as required; consistent and accurate billing and credit control; management of WIP and file closures; updating Management Information
• Aim to achieve a minimum budgeted annual target of 1440 chargeable hours per year
• To hit, maintain and apply a consistent approach to all individual targets of financial performance, realisation rates, settlement rate and average claim spend
• Maintain an awareness of firm procedures and strategies
• Assume responsibility for quality control and benchmark compliance on own caseload, including accuracy and timeliness of management reporting and information
• Act as a point of contact for clients, demonstrating a level of knowledge and skill commensurate with experience
• Maintain and develop technical knowledge through attendance at training sessions, reading appropriate publications
• Support marketing and business development activity within the team e.g. attending marketing events and client training
• Handle confidential information in line with the firm's data security protocols

Key skills

The team are looking to recruit a Paralegal who has experience of dealing with litigated motor claims in the Scottish Courts. An understanding of court procedures is essential. Experience of handling fraud cases in Scotland would be beneficial but is not essential as full fraud training will be provided. A law degree or equivalent is preferable but not essential. Experience of working in a target driven commercial environment would also be an advantage.
The successful candidate will also be expected to meet the following criteria:

• Be a confident communicator, who can communicate clearly and concisely both verbally and in written form
• Able to demonstrate strong team working skills and that they are a flexible and self motivated team player
• Have excellent organisational skills and able to effectively prioritise and organise workload/tasks
• Have an ability to adopt a commercial perspective to legal issues where required but also able to see the commercial impact beyond one individual claim.
• Able to produce work to a high standard, with excellent attention to detail
• Have a concern for quality of service
• Must be able to work under pressure to meet required deadlines; and
• Must be able to work on own initiative.

The team 

The Fraud Team is part of the Claims Solutions Group and deals with potentially fraudulent claims with a focus on predominantly motor, employer’s liability and public liability work. It is one of the largest dedicated fraud teams in the UK, comprising of over 100 lawyers and underpinned by an Intelligence Team of 30 staff. Our Claims Validation Team lawyers are based in Birmingham, Newcastle, Ireland and Scotland.

The type of work includes:-
• Minimal Impact Cases – Low Speed/Significant Trauma Cases 
• Phantom Passengers
• Contrived Claims
• Semi-staged / Staged Claims 
• Grossly Exaggerated Claims
• Ringed and Organised Fraud claims
The Scottish Claims Validation Team launched in Glasgow in September 2013. We act for the largest market share of clients in tackling counter fraud. The team is led by Claire Newcombe, Partner supported by an Associate, a solicitor and a paralegal as well as designated Scottish Intelligence staff. Fraud is a growing issue in Scotland so we are seeking to expand the team into our Edinburgh office; this represents a unique and exciting opportunity to join an interesting, fast paced, forward thinking team.

About the firm

With over 2,300 people, DAC Beachcroft combines one of the most comprehensive UK legal networks with coverage across Europe, Latin America, North America and Asia-Pacific. We provide a full service claims, transactional, commercial, risk and advisory capability. We work with clients in a select range of industry sectors and are market leaders in health, insurance and real estate. We are agile, progressive and easy to engage with.

We are committed to supporting the communities where we operate through charitable giving, pro bono work and programmes such as those operated by Business in the Community and The Prince's Trust.

In Chambers UK, A Client's Guide to the Legal Profession 2016, the firm received 59 rankings with a record 36 of our total listings in either Band 1 or Band 2, as well as 116 lawyer listings.

In The Legal 500 2015, the leading guide to law firms in the UK, the firm received a record 111 practice area rankings, including more than 60 in the tier 1 and 2 brackets. The firm is also recognised for its international capabilities in Chambers Asia Pacific, as well as Chambers and Legal 500 Europe and Latin America, with more than 50 additional international leading lawyers listed.

DAC Beachcroft holds certification under ISO9001, the quality assurance standard and ISO27001, the information security standard, and DAC Beachcroft LLP is the largest law firm in the country to hold a Gold Investors in People award.

Application Details

DAC Beachcroft is an equal opportunities employer and we welcome applications from every sector of the community. We also welcome direct applications. If this opportunity sounds of interest to you, please make an application and submit your CV. Your application will be dealt with in the strictest of confidence.
 

Solicitor - Construction (Contentious) – CMS

 


Edinburgh - Construction (Contentious)

The role
“They understand the needs of the client around risk" Chambers & Partners

The team has been established for over 20 years. We’re highly ranked in the legal directories (Band 1 in Chambers & Partners) and have developed long lasting client relationships and a huge depth of expertise. 

We advise clients and provide advocacy in high value litigations, arbitrations and adjudications across the UK and internationally as well as alternative dispute resolution processes such as mediation.
The team have extensive experience in successfully advising employers, developers and contractors in the avoidance and resolution of construction and engineering disputes.

We regularly advise on issues arising in respect of construction contracts based on standard forms such as JCT, NEC3, GC/Works, ICE, ICC, IChemE, FIDIC and LOGIC.

The team works closely with colleagues around the firm, especially from Real Estate.  Construction forms an integral part of Energy, Projects and Construction, one of the firm’s most successful and profitable departments.
 
Essential Requirements
  • Degree
  • Scots or English Law qualified
  • Appropriate level of post qualification experience in relevant professional area - given the complexity of the work, we anticipate that candidates will need to have the equivalent of at least 3-5 years relevant PQE to meet the demands of the role
  • Excellent professional track record
  • Experience in handling a wide variety of clients including those in major blue chip companies
  • Excellent analytical skills
  • Sound judgement
  • Excellent drafting skills
  • Ability to translate legal theory into practical advice
  • Good interpersonal and consultancy skills 
About Us
At CMS, with more than 5,000 people working across 60 offices, we have the local and international resources to offer our clients a truly global service.  We believe that delivering real value only happens when we work from a point of total client understanding and commitment. We call this philosophy ‘Your world first’ and it underpins everything we do. Our sector insight means we are immersed in the world our clients operate in, allowing our lawyers to make a real commercial difference for their clients.
 
Our culture is one of openness, honesty, warmth and growth. We offer an innovative approach to career progression and development, and an exceptional training programme interweaving technical, business and soft skills training.
 
If you are interested please apply online or contact Natalie Koenig, Senior Recruitment Officer for more information  natalie.koenig@cms-cmck.com 0207 367 3513 No Agency Applications.
 
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Private Client/Residential Conveyancing (Minimum 2 years post qualified) – Cockburns



Cockburns is a long established rural practice with offices in Elgin, Forres and Grantown-on-Spey. We provide a wide range of legal services to a large and varied client base and are proud of our reputation for providing personal service to generations of clients.

Role:-
You will be based in our Elgin office but will be required to work from our Grantown-on- Spey office one day a week. You will deal largely with the administration of Executry Estates, from the initial contact with clients through the whole process to completion of the administration, including dealing with any conveyancing related to the estate. You will also be expected to deal with the preparation of Wills and Powers of Attorney, and the chamber element of Gurdianship/Intervention Order applications. Our busy conveyancing department may also look to you to deal with some residential conveyancing transactions in busy periods. You will be expected to be able to work with minimum supervision.

Specification :-
At least 2 years post qualification experience specifically including private client work and residential conveyancing; for the right applicant there will be the opportunity for advancement and possibly partnership in the medium term. An unrestricted practicing certificate and current driving licence are essential.

To apply, please forward covering email with CV to david.adams@cockburns-solicitors.com .

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Family Lawyer – McKinnon Forbes

We are a firm of solicitors covering Edinburgh and East Lothian  looking for family lawyer initially for maternity cover for a period of 1 year possibly permanent for the right candidate  May consider part time or flexible working and would involve Family Law only
 
The position would ideally suit newly qualified or someone with up to 3 years experience
 
The successful candidate will be well organised, able to prioritise and work to deadlines, be confident, approachable and have excellent communication skills. 

Please contact Yvonne McKinnon with CV and covering letter  to yvonne.mckinnon@mckinnonforbes.co.uk

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Conveyancing Solicitor – W & AS Bruce

We are seeking an experienced conveyancing solicitor for our Broxburn Office. This is a senior position and salary will be competitive and commensurate with experience. The successful candidate will initially support one of our retiring partners. 

There
 are excellent prospects for the successful candidate. If you are interested, please apply with your C.V. to:-

Staff Partner
Messrs W & A S Bruce, Solicitors
Bruce House, 15-17 Chalmers Street, Dunfermline KY12 8AT
(LP14- DUNFERMLINE)

Tel: 01383 738000  Fax: 01383 729105
Email Keith@wasbruce.co.uk
 
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Rural Property Solicitor (NQ – 3 years PQE) – Lindsays

 
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 rural property and renewables 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 a new role in the team and 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 contracted 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 Sarah Neilson, HR Officer, Caledonian Exchange, 19A Canning Street, Edinburgh, EH3 8HE or email: recruitment@lindsays.co.uk
Lindsays is an equal opportunities employer.
 
NO AGENCIES PLEASE 

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Senior Solicitor/Associate (Wills, Trusts & Executries) – Aberdein Considine


Senior Solicitor / Associate - Wills, Trusts & Executries
Location: Stirling

Job Description
Position Type: Full Time / Permanent
Location: Based in Stirling but covering the south branches of the firm in Perth, Glasgow, Edinburgh and Bathgate.

The individual would principally cover the South offices, to manage and develop a varied personal caseload of Wills, Trust and Executry Private Client work, supervise other fee-earners undertaking the day-to-day work of the Department and would provide specialist support to the branch network in Private Client matters. 

KEY RESPONSIBILITIES:
  • Delegation of day-to-day tasks to and supervision of department fee earners and administrators
  • Reporting to responsible partner
  • Management of a personal caseload of complex / specialist Private Client work
  • Cross-selling of other legal, property and financial services
  • Review existing policies, practices and precedents  
  • Overseeing development and evolution of case management systems
  • Providing training and support to fee earners throughout the branch network
  • Business development
Requirements

SKILLS AND EXPERIENCE
Essential:
  • Ambition and drive to build on the success of the department
  • Commercial awareness
  • Ability to work to strict timescales and deadlines
  • Attention to detail
  • A team player
  • Ability to problem solve and see ‘bigger picture’
  • Competent IT skills
  • Good communication and organisational skills
  • Strong understanding of the executry process and trust and succession law
  • High exposure to trust law
  • Good knowledge of tax law, particularly inheritance, capital gains and income taxes for individuals and the different forms of trust
  • Familiarity with legal and tax treatments of common financial products
Desirable:
  • 3+ Years PQE in Private Client work
  • Experience of using case management software
  • Previous management experience
  • General legal knowledge spanning other practice areas
QUALIFICATIONS
Essential
  • LLB degree in Scots Law
  • Diploma in Professional Legal Practice
Desirable
  • STEP Member


How Do I Apply?
E-mail: recruitment@acandco.com
Mail: Human Resources Department
Aberdein Considine
5 - 9 Bon-Accord Crescent
Aberdeen
AB11 6DN

Click here for more information. 

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Solicitor (Property) – Wheatley Group

Wheatley House, 25 Cochrane Street, Glasgow, G1 1HL
£38,084 - £43,088
Fixed Term (2 years)
 
Wheatley is Scotland’s leading housing, care and property-management group. It comprises six Registered Social Landlords, a care organisation and two commercial subsidiaries.
The Group spans 15 local authority areas across Central Scotland, providing homes and award-winning services to over 200,000 people.
The Wheatley family:
  • GHA, Scotland’s largest social landlord, with almost 40,000 affordable homes in Glasgow;
  • Dunedin Canmore, with almost 6,000 homes in Edinburgh, the Lothians and Fife, and a commercial arm, Dunedin Canmore Enterprise, providing property management, repairs and maintenance services;
  • Cube Housing Association, with more than 3400 social homes across the West of Scotland;
  • Loretto Housing, with more than 1200 affordable homes in the central belt;
  • West Lothian Housing Partnership, with almost 400 affordable homes;
  • Barony Housing Association which has 380 homes and provides care and support services to over 700 people from Edinburgh and the Lothians to Stirling and Falkirk;
  • Loretto Care, which provides care and support services to more than 2000 people;
  • YourPlace Property Management, Scotland’s “Feel Good Factor”, with more than 27,500 customers;
  • and Lowther Homes, which manages a growing portfolio of almost 700 mid and full-market apartments from Glasgow’s West End to Leith. 
Increasing the supply of quality, affordable homes which meet the needs and aspirations of our communities is a key focus for us over the next five years.  An exciting opportunity has arisen to join our Property Legal Team for a lawyer to support property colleagues across the Group in meeting those objectives.

Working with the two lawyers in the team, the post-holder will enjoy a varied and challenging portfolio including real estate and project/construction work. The core activity of the team is the provision of legal support to colleagues in the property division across Group to deliver our 5 year asset growth strategy.

Required skills and experience: LLB Degree or equivalent, Diploma in Legal Practice, Membership of the Law Society with a current and unrestricted practising certificate, Transactional real estate and commercial contract experience ( preferably gained in a large firm environment), Excellent communication and interpersonal skills, Attention to detail and professional approach, Proactive, reliable and adaptable attitude, Ability to use initiative and efficiently and effectively manage own workload in fast paced multiple-client environment, Ability to quickly establish solid client relationships and provide effective, and pragmatic advice and guidance to colleagues at all levels in Group, Good team working skills with a demonstrable commitment to excellence in customer service and a flexible approach in meeting the changing demands and priorities of Group.

For an application pack and detailed job profile, please email Recruitment@wheatley-group.com or call 0141 274 6555.  For an informal chat about the post, please contact
Jane Valentine, Chief Counsel (Property), 0141 274 6317 or email jane.valentine@wheatley-group.com
 
Closing Date: 20 May 2016 @ 12 noon 

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Litigation Solicitor – Wheatley Group

Litigation Solicitor (Litigation Services) Linked to Maternity Cover – 2/C2305/13

Wheatley House, 25 Cochrane Street, Glasgow, G1 1HL
£38,084 - £43,088 pro rata / £44,055 - £47,211 pro rata dependent on experience

Job Share hours – working pattern negotiable
Fixed Term Contract expected to last until 30 June 2017
 
Wheatley Housing Group is Scotland’s largest and most dynamic housing group and, through its subsidiaries, provides customer service and business excellence in housing, regeneration, property management and care services.  Wheatley Group has also been named in The Sunday Times 100 Best Not-For-Profit Organisations to Work for 2014, while our legal team were previous winners in the In-house Public Sector category at The Lawyer Awards in London.
 
The Group includes: 
  • Glasgow Housing Association Scotland’s largest social landlord, with almost 40,000 affordable homes in Glasgow;
  • Dunedin Canmore, with almost 6,000 homes in Edinburgh, the Lothians and Fife, and a commercial arm, Dunedin Canmore Enterprise, providing property management, repairs and maintenance services;
  • Cube Housing Association, with more than 3400 social homes across the West of Scotland;
  • Loretto Housing, with more than 1200 affordable homes in the central belt;
  • West Lothian Housing Partnership, with almost 400 affordable homes;
  • Barony Housing Association which has 380 homes and provides care and support services to over 700 people from Edinburgh and the Lothians to Stirling and Falkirk;
  • Loretto Care, which provides care and support services to more than 2000 people;
  • YourPlace Property Management, Scotland’s “Feel Good Factor”, with more than 27,500 customers;
  • and Lowther Homes, which manages a growing portfolio of almost 700 mid and full-market apartments from Glasgow’s West End to Leith. 
This is an exciting opportunity for an experienced solicitor (minimum 2 years PQE) to join a progressive organisation focused on being a first class employer.
 
The Group’s Litigation team handles a varied and fast-paced workload working within a Group structure, so this post offers a unique opportunity to work with multiple in-house clients.
 
You will provide a specialist legal service, advice and representation handling general legal matters affecting the Group. There is an emphasis on litigation, including anti-social behaviour. You must demonstrate an ability to manage your own caseloads and to work as part of a team.
 
For an informal discussion in relation to this position, please contact Anne Mackenzie, Chief Counsel Group Support on 0141 274 6314. For an application pack and detailed job profile, visit www.wheatley-group.com or email Recruitment@wheatley-group.com or call 0141 274 6555
 
Closing Date: Friday, 13 May 2016, 9am
 
Interview for this post will take place on Monday 23 May 2016 with a view to appointment commencing towards the beginning of July.
 
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Solicitor – Legal Services Agency

Legal Services Agency (LSA) is a Law Centre and Charity which provides skilled legal advice, assistance and representation to vulnerable people and those who would otherwise find it difficult to get legal advice. LSA receives funding to provide the Mental Health Legal Representation Project (Edinburgh & the Lothians).
 
An opportunity has arisen to join LSA’s Mental Health Legal Representation Project (Edinburgh & the Lothians).
 
We are looking for an enthusiastic part-time solicitor to assist with the objective of the Project and tackle unmet legal need. The Project does this specifically in the areas of mental health, dementia and acquired brain injury.  
 
Applications are invited from candidates with experience in civil court and chamber work. The post will involve undertaking case work, including advice and representation, public legal education and legal publications.
 
We are particularly keen to hear from applicants with an interest in mental health and incapacity law. Our team, which has an excellent reputation, is at the forefront of these areas.  
 
The position would be suitable for a solicitor who wants to work on a part-time basis (21hours a week) in a busy office with vibrant team.
 
The successful candidate will have efficient time management skills, work well on their own initiative and have an aptitude for problem solving.
 
The post is part-time and permanent. It will be based in the Edinburgh; however, there will be some travelling required. Competitive salary.
 
Please email julierobertson@lsa.org.uk for an application pack.
 
Closing date:  26th May 2016.

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Corporate Solicitor (NQ – 2 years PQE, Edinburgh) – MBM Commercial LLP

MBM Commercial is a market leading provider of niche legal and commercial services to investors, entrepreneurs and high growth companies.  We are an innovative and growing business and looking for a Solicitor to join our Corporate Group.

We are the market leaders in advising on early stage investment deals in Scotland.  As specialists in the entrepreneurial market, our Corporate Group have been involved in establishing several early stage venture capital funds and business angel syndicates throughout the UK. 

As a member of our Corporate Group, you will be involved in providing the full range of corporate advice to high growth businesses and investors.   The role will bring an interesting and challenging workload, including acquisitions and disposals, equity investments, spin-out and start-up advice, shareholder agreements, corporate restructuring and investment funds.

This is an exciting role if you are ready to move on to the next stage in your career.  You will be working on Scottish and English deals and have the opportunity to build relationships with clients and contacts and develop your network.  Our solicitors are immersed in the firm’s business development activities and are encouraged to take ownership of opportunities and run with them.

We are looking for someone with a positive ‘can do’ attitude and excellent communication skills.  You must be able to build long term relationships with clients and colleagues and be fully committed to developing yourself and providing the very best legal advice. 

To apply for this role, you should be up to 2 years PQE or coming to the end of a traineeship, having worked within a corporate team.
We offer a competitive salary and benefits package.  To apply, please send a CV and current salary details to Linda Hutton at linda.hutton@mbmcommercial.co.uk
www.mbmcommercial.co.uk

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Private Client Solicitor (2-5 YRS PQE) – Thompsons Solicitors


 
Thompsons Solicitors & Solicitor Advocates is an award-winning law firm dealing with personal injury and employment law cases.  We have been recognised with these accolades through our passion for the law and achieving justice for our clients; we have a determination to ensure our clients receive the best results possible. 
 
An exciting opportunity has arisen for an experienced private client solicitor to join a growing department within our Firm.
 
In support of our clients’ needs, the successful candidate will assist in looking after the affairs of our individual clients, including wills, trusts (including asset protection trusts), powers of attorney, living wills, executries and guardianship & intervention orders to safeguard our clients’ financial affairs and welfare concerns.
 
You will require to have strong knowledge and experience of private client work together with strong technical and people skills.  Confident and effective up-selling and cross-selling techniques are also required to assist with the development of this department.
 
You will have enjoyed at least two years in a private client department, and have the confidence to assume a heavily client-facing role.
 
In return, we at Thompsons can offer you:- 
  • A stimulating environment to work in;
  • Career development;
  • A competitive salary;
  • Excellent Pension 
If you wish to apply for this vacancy please do so by emailing your CV to:-
 
jacqueline.donnelly@thompsons-scotland.co.uk
www.thompsons-scotland.co.uk
 
Closing Date: 18th May 2016
 
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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: http://www.morton-fraser.com/solicitor-commercial-property.

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Paralegal (Conveyancing, Edinburgh) – Simpson & Marwick



 
An exciting opportunity within our award winning Property department.
We are looking for a full time, experienced conveyancing paralegal. The successful candidate should hold the paralegal certificate in residential conveyancing and have experience working in this field.

Key attributes include:
·         Excellent organisational skills 
·         The ability to manage a busy workload
·         The ability to work to tight deadlines
·         A can do attitude and professional approach to clients and colleagues

This role involves working closely with Partners and Associates to handle a volume of purchase, sale and mortgage transactions.

This is an excellent opportunity to join a leading firm offering a competitive salary and pension.

Please apply by submitting your CV and covering letter to: emma.louden@clydeco.com

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Associate Solicitors (Commercial Property and Corporate & Commercial, Glasgow & Aberdeen) – Blackadders


 
Permanent Posts
 
Blackadders has been established in Aberdeen for over 2 years since it merged with Adam Cochran and has recently opened in Glasgow following its merger with Boyle Shaughnessy.  Aberdeen turnover has doubled in that time, and we have similarly ambitious plans for Glasgow.  Our strategy is to offer a full service for business and private clients from each of our offices, and with that in mind we are looking for talented individuals to join our Glasgow and Aberdeen offices in the above disciplines.
 
Commercial Property
 
 Our experienced and busy commercial property team currently acts for Banks, SIPP providers, investors, developers, landowners and tenants.  In addition to working for the firm’s existing clients, the successful candidates will have a role in developing the growing business of the firm in Aberdeen and Glasgow.
 
Requirements
 
A Commercial Property Solicitor with at least 4 + years PQE.  A strong commercial background with excellent client skills. 
 
Corporate & Commercial
 
Working as a member of our professional and friendly team on all aspects of corporate and commercial work.  Successful applicants will have the opportunity to work with the firm’s established high quality client base across Scotland.  However, a key element of the job will be to develop business for the corporate and commercial practice in the Aberdeen or Glasgow office.  This is an exciting opportunity for a solicitor who has gained strong legal and client skills, and would now like to play a meaningful role in the strategic plans of an ambitious and supportive firm.
 
Requirements
 
A Solicitor with a strong commercial background, and 4+ years PQE in corporate and commercial.   
 
Salary:                         Competitive
 
Applications to recruitment@blackadders.co.uk with cover letter and CV.

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Solicitor (Residential Conveyancing, Edinburgh) – VMH Solicitors


 
VMH Solicitors and Estate Agents has been established for almost 30 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 from newly qualified 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
Applications to be received by Friday 20th May.

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Events

Fundraising Dinner Dance for the Child Brain Injury Trust

Compass Chambers is delighted to support the Child Brain Injury Trust as its charity for 2016. As part of this, there will be a Fundraising Dinner Dance at the Balmoral Hotel on Thursday 2nd June from 7pm till late.

A table of 10 can be reserved for a cost of £1,000 which includes a drinks reception, three-course dinner, complimentary wine and entertainment. All money raised will go to the Child Brain Injury Trust.

Every 30 minutes, a child or young person will acquire a brain injury. This could be the result of an accident, an illness such as meningitis or encephalitis, a poisoning, a stroke or a brain tumour. A brain injury has a devastating and life-long impact on the child and their whole family.

Please join Compass Chambers to help raise funds that the Child Brain Injury Trust needs to provide support to children, young people and their families.

If you would like to reserve a table, please contact Gavin Herd on 0131 260 5648 or gavin.herd@compasschambers.com

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AGUEL advocates to debate EU referendum

The potential legal issues of a “leave” or a “stay” vote in the EU referendum will be explored at a special event by the AGEUL group of advocates.
 
Sir David Edward (pictured), the former judge of the Court of Justice of the European Union, has accepted an invitation from AGEUL – the Advocates Group on European Union Law – to chair proceedings on Thursday, 26 May.
 
In a presentation, Kenneth Campbell QC, an AGEUL member, will examine the legal conclusions on the European Council conclusions of 18-19 February this year when EU leaders agreed on a new settlement for the UK within the EU.
 
“A good deal has been written about some of the possible legal issues which may arise in the event of a ‘leave’ vote in the forthcoming EU referendum,” said Peter Sellar, chair of AGEUL.
 
“A ‘stay’ vote will also have legal consequences, and rather less has been said about those. While this presentation does not advocate a particular side of the referendum debate, it will explore some of the legal issues which arise from the Conclusions of the European Council of 18-19 February.”
 
Kenneth Campbell QC, has been a practising advocate since 1996 and took silk in 2011. He has a wide-ranging civil practice, particularly in public law, professional liability and private client law. He has written widely in public and European law.
 
For details of the event, and to register, go to https://www.eventbrite.co.uk/e/ageul-eu-referendum-event-tickets-25193782281
 
The AGEUL website is at http://ageul.scot

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Glasgow University to host copyright hackathon

13th & 14th May 2016
The Whisky Bond, Glasgow, Scotland

 
CREATe, the Centre for Copyright at the University of Glasgow, believes that Intellectual Property policy is failing to meet the needs of users, creators and consumers and needs reform. This hackathon event will explore how new approaches to mining and visualising data can provide the evidence needed to push forward real changes to copyright law.
 
Over the two-day event, hackathon participants will form teams to work on one of the challenges identified by the organisers. These are: 1) Mining and visualising evidence from a corpus of academic studies about copyright, 2) Developing understanding about what motivates creativity in online markets, and 3) Investigating whether providing legal streaming alternatives reduces piracy.

Mentors from the University of Glasgow, CREATe research centre, policy and social sciences will be on hand to guide teams and provide support as they work on their ideas. There is a £1000 prize for the winning team. The event is open to everybody, including activists, data visualisation experts, creators, software developers, web designers, open data advocates, lawyers and students.

More info & free registration:
http://create.ac.uk/hacks/
Event organised by:

CREATe, the Centre for Copyright and New Business
Models in the Creative Economy
University of Glasgow
Lead organisers: Kris Erickson Kristofer.erickson@glasgow.ac.uk; Jesus Rodrigues-Perez rpsoft@gmail.com
 

Advocates Family Law Association seminars

“The Advocates Family Law Association “Child Contact Seminars” continue on Thursday 12 May on the subject of “Safe Contact in the context of domestic abuse” with a presentation from Rosanne Cubitt of Relationships Scotland, Anna Mitchell formerly with the Domestic Violence Probation Project and independent social worker Catriona Grant.  The presentations will be followed by discussion chaired by Janys Scott QC
 
It is possible to book for Thursday and for the remaining seminars on “Child Welfare Reporters” and “Children’s Views” on:
 
https://afla-childcontactseminars.eventbrite.co.uk

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TrustBar Annual Aberdeen Seminar

The Trusts, Fiduciaries and Executries Bar Group (TrustBar) are delighted to announce details of their annual Aberdeen seminar, which will be held on Thursday 19th May 2016 at the Society of Advocates.
 
The event will feature a talk from Terra Firma Chambers’ David Bartos on the new Succession (Scotland) Act 2016 and fellow TFC member Derek Francis will present a talk entitled “Trust Tax-Traps for the Unwary”.
 
TrustBar promotes the expertise of advocates in all areas concerning fiduciary relationships including directorship, partnership, agency, executors and trustees.
 
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 the cost for attendance is £25 per delegate.
 
For further details please visit http://www.terrafirmachambers.com/seminars.html
 
To reserve your place at this event, please email trustbar@advocates.org.uk.
 
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University of Glasgow Introduces The Legal Education Foundation to Scotland

Date: Friday 13 May
Time: 9.30am - 1.30pm


Location: Lecture theatre, Sir Alexander Stone Building
Register via Eventbrite.

Lunch and networking will be preceded by a feedback and Q&A panel session, allowing delegates to put questions to the speakers of the day.

The Legal Education Foundation

The Legal Education Foundation is a grant making trust that seeks to help people better understand and use the law. It distributes around £4.5 million a year across all four countries of the UK under three main programme objectives - increasing public understanding of the law and the capability to use it, increasing skills and knowledge of people delivering legal services, and increasing access to employment in the profession. It places a particular emphasis on the role of evidence of needs and of what works, as well as the role of technology. Since its launch, the Foundation has awarded over 150 grants to bodies including voluntary organisations, universities and research institutions. It is keen to develop its grants programme in Scotland. The event will be an opportunity for organisations in Scotland to hear more about the Foundation's priorities and programmes and for the Foundation to build its network amongst key Scottish organisations.

The Justice First Fellowship

The event will also showcase the Justice First Fellowship, established by the Legal Education Foundation in 2013. This is a scheme to support the next generation of social justice lawyers. It provides fully-funded training contracts and wider development opportunities, with Fellows spending two years working in leading legal organisations, learning alongside the best in the profession. In partnership with a growing number of corporate sponsors and host organisations, the scheme has now placed 18 Fellows (including three in Scotland) who are already busy meeting legal needs in their local communities. The Foundation and its partners are keen for the scheme to grow in scale and prestige so as to help more people building long-lasting and effective careers in this vital field of legal practice.

Speakers will include:

Matthew Smerdon, chief executive of The Legal Education Foundation; Kirsty Thomson, head of department, Legal Services Agency; Farida Elfallah, Justice First fellow trainee, Legal Services Agency; Deirdre Flanigan, solicitor and Scotland's first Justice First fellow, Govan Law Centre; and Rob Marrs, head of education, Law Society of Scotland, who will discuss the Streetlaw project, which was funded by LEF.

In addition to short presentations, there will be an opportunity for delegates to take part in the following break-out sessions;
1) Hosting and applying for a Justice First Fellowship
2) Justice First Fellowship - sponsorship/partnership opportunities
3) Legal education project ideas - share and develop your ideas/tips on developing an LEF application

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SYLA to host Endless Champagne Ceilidh

The Scottish Young Lawyers’ Association (SYLA) has announced details of a ceilidh in aid of cancer research on 20 May 2016.
 
The SYLA is once again welcoming the Cancer Research Racquet movement back to Edinburgh from the USA, for its second annual event in Scotland - an Endless Champagne Ceilidh, hosted at the historic Royal College of Physicians in Edinburgh.
 
Tickets to the Endless Champagne Ceilidh are priced at a £40 donation - this year, the ceilidh will be supporting both Cancer Research Racquet and the local efforts of Marie Curie Cancer Care
 
The evening will include endless champagne, traditional Scottish food, the chance to participate in a charity raffle with some great prizes, the opportunity to hear from the inspiring Rob Kinas (founder of the Cancer Research Racquet movement) and of course, world class ceilidh dancing from the famous Jack Dames band.
 
What is Cancer Research Racquet?

Founder Rob Kinas said: “It is an international group of US, UK & EU legal and business professionals, who love the game of tennis and who raise money for cancer research.  On occasion, we celebrate our efforts and our friendships with a glass of champagne!  We care about cancer research because many within this group have fought the battle. They, their families and friends have benefited from recent advances in drug development and treatment protocols. We show our gratitude by raising funds to further advance the research to benefit others.”
Further information on the work of Cancer Research Racquet is available here: http://cancerresearchracquet.com/
 
Tickets for the ceilidh can be purchased by visiting the SYLA’s Eventbrite page.
 
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SYLA Annual Conference to take place on 14 May 2016

Saturday 14 May 2016
9am-5pm


The Scottish Young Lawyers’ Association (SYLA) has announced details of its Annual Conference - Progression in the Profession: Towards 2020. It will take place at the Westerwood Resort, outside Glasgow, on Saturday 14 May 2016.
 
The conference asks delegates the question: where do you want to be in 2020, professionally and personally?
 
Featuring sessions on the development of an entrepreneurship culture in Scotland, online business generation for young lawyers, an insight into what in-house counsel want and need from their advisers, how to progress as a young lawyer and how to build your brand as a young professional, this insightful conference offers 6 hours CPD for the rate of £65 (£45 for students) and welcomes leading speakers from both the legal profession and the wider business sector in Scotland.
 
The programme includes:
Catherine Loughran, Senior Legal Counsel at Skyscanner
Law as a service: what do clients want and need from their advisers?

Mairi Damer, WORD UP Communications
Building brand and media awareness as a young professional

Cameron Adrain, Frasia Wright Associates
Progressing as a junior lawyer in Scotland

Russell Dalgleish,  ‎Exolta Capital Partners
A new culture of entrepreneurship in Scotland and how young lawyers nurture it

Chris Davidson, Moore Legal Technology
Online business generation for modern lawyers

Stephen Harrower, Ross Cullen & Alison Fitzsimons, Tilney BestInvest
The financial outlook for 2016 and into 2017

Josh Quigley, The Tartan Explorer
Who is the Tartan Explorer and why does mental health matter?

Key Note Address: Frances McMenamin QC
20 years of progression: lessons learned and looking towards the next
 
The conference is kindly sponsored by Scott & Co.
 
It takes place on Saturday 14 May 2016, from 9.00am until 5.00pm, at The Westerwood Hotel & Golf Resort, 1 St Andrews Drive, Glasgow G68 0EW. 
 
Following the Conference it is hoped members will stay to enjoy dinner and maybe even an overnight stay. The SYLA have secured competitive rates for members at the hotel for bed and breakfast stays including use of the facilities.
 
Further information and bookings can be made here:
We look forward to welcoming you then!  Bookings can be made by visiting the SYLA's Eventbrite page.

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US attorney to deliver lecture on Goering cross-examination at Nuremberg Trials

It is considered the most significant cross-examination of modern times, and people will be able to judge it for themselves when a US attorney and avid student of the Nuremberg Trials analyses the questioning of Hermann Goering (pictured below at the Nuremberg Trials) at a Faculty of Advocates event.

Robert Hedrick, an aviation law specialist and an adjunct professor at Seattle University, admits to a “passion” for the fascinating history of the trial and Goering’s performance in the witness box.

He has put together a PowerPoint presentation, From History’s Greatest Trial: The Cross-Examination of Hermann Goering, which he has delivered to audiences in the US and Australia.

Mr Hedrick is coming to Scotland to speak at a conference on international aviation law and insurance, and will take the opportunity to give his Goering talk in the Faculty’s Mackenzie Building on Wednesday, 18 May.

Why an interest in trials that took place 70 years ago?

“The cross-examination of Goering is considered the most significant cross-examination in modern jurisprudence,” said Mr Hedrick.

“Numerous commentators over the years have suggested that the lead prosecutor, US Supreme Court Justice Robert Jackson’s cross-examination may have been the worst in history. For me, this was hard to believe. As a trial lawyer, I wanted to decide for myself how Jackson fared and by what standard,” he added.

“So, I located, read and re-read the relevant trial transcripts. My curiosity led to further research and my interest evolved into a passion. I ultimately found myself on a quest, not just to understand the cross-examination separate from public opinion, but to answer the question for myself: what is a good cross-examination?

“In the presentation, after an overview of Goering’s direct examination, the focus shifts to Jackson’s cross-examination. Jackson’s mistakes are exposed and their significance analysed. In the end, who gets the best of whom? The audience is the judge.
 
“A review and comparison is also made to the cross-examination of Goering by Edinburgh’s own David Maxwell Fyfe, the leading member of Britain’s Nuremberg Prosecution Team. Fyfe took an entirely different approach than Jackson.”

Details of the event are on its Eventbrite page

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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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