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Scottish Legal News: Thursday 9th October 2014

The Scottish Arbitration Survey
Preparations under way for Scottish Legal News Annual Review 2015

Latest News
High Court must take steps to ensure accused has been advised on right to representation, says Criminal Appeal Court
People sectioned under Mental Health Act 2005 at its highest since law passed
ECJ holds that minimum excise duty Italy applied to cigarettes contrary to EU law
Brodies named Scottish firm of the year in Legal 500
Blog: new English intestacy laws highlight need for change in Scotland
Lawyer calls on new powers commission to consider tax breaks for artists
Justice secretary launches new Scottish Arbitration Centre premises
Morton Fraser’s Bruce Wood wins award for asset based lending expertise
Registers of Scotland launches UK-wide HPI consultation
Top Kenyan judges arrive in UK for judicial exchange
And finally... diaper directive

Latest Jobs
Solicitor (Land & Rural Business Team) – Thorntons
Litigation Lawyers (0-2 yrs PQE) – Digby Brown
Land & Property/Corporate/Tax & Succession Opportunities – Turcan Connell
Banking Solicitor (0-5 years+ PQE) – DLA Piper
Litigation Assistant (2 – 3 yrs PQE) – Morisons LLP
Banking Solicitor (2 Year PQE) – Brodies
Solicitor (Child Law Department) – Thorley Stephenson
Civil Litigation Solicitor – J Myles & Co
Commercial Contracts Lawyer – ECS
Civil Court Solicitor – MacHardy, Alexander & Whyte, W.S.
Solicitors – BLM
Property / Renewables Solicitor – Dale Solicitors LLP
In House Legal Adviser (Paisley Campus) – University of the West of Scotland
Property Solicitor (3+ Years PQE) – Lindsays
 



 
 
 




The Scottish Arbitration Survey

It is now just over four years since the Arbitration (Scotland) Act 2010 came into effect on 7 June 2010. It is very important at this juncture to understand how many arbitrations are taking place, what types of disputes are going to arbitration, attitudes to arbitration, and the changes that might be encouraged to the practice of arbitration in Scotland to improve confidence in the process.
 
The Scottish Arbitration Survey is a joint initiative by the University of Aberdeen, the Law Society of Scotland, and Burness Paull, supported by the Chartered Institute of Arbitrators and the Scottish Arbitration Centre, to collect data and report upon arbitration use, attitudes and trends.
 
Whatever your discipline, please contribute to this important survey into use of, and attitudes to, arbitration
 
The survey asks questions which are tailored to your particular area of practice. For this reason, the survey is focused and will not take long to complete. You are asked to complete the survey by clicking on the following link:
 
www.abdn.ac.uk/websurveys/adriver/
 
The first survey covers the period from 1 July 2013 to 30 June 2014.
 
Arbitration is a process for determination of disputes by an appropriate person of skill. The starting point to achieve a greater diversity for the use of arbitration, is an understanding of the particular needs of different end users.
 
Those who choose arbitration as the appropriate method of dispute resolution are often non contentious lawyers and advisers, who advise clients on the appropriateness of an arbitration clause when entering into contracts. The views of all advisers, not just those directly involved in dispute resolution and arbitration, are therefore important, and invited in this survey. So too are the views of end users. As well as directly approaching businesses, in-house solicitors are asked to complete the survey as representatives of the businesses they work with, to provide the Survey with end user experiences and attitudes.
 
Of course all those directly involved in dispute resolution are asked to respond to the survey. We would also ask for the input of those who act as arbitrators, and are looking to receive responses from all arbitrators practising in Scotland.
 
If you have any questions about the survey, please email Derek Auchie, at the University of Aberdeen (d.auchie@abdn.ac.uk).
 
Understanding about use of arbitrations and attitudes to it, is of real importance to the efficiency of dispute resolution in Scotland.
 
Please complete the survey now, but in any event before 12 November 2014, when the Survey will start analysing the data and producing their Report.

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Preparations under way for Scottish Legal News Annual Review 2015

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

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Latest News 

High Court must take steps to ensure accused has been advised on right to representation, says Criminal Appeal Court

An accused person facing trial for the most serious crimes should be asked by the High Court what advice he has received regarding his right to be represented by senior counsel, the Criminal Appeal Court has said.
 
The Lord Justice General, Lord Gill - with whom the Lord Justice Clerk Lord Carloway and Lord Brodie agreed - observed that it was in the interests of justice for the court to ensure that the accused has received “a full and objective review” of the “range of legal representation available” to him.
 
The remarks were made as the judges refused an appeal by Kevin Addison, who was convicted of murder but claimed that he suffered a “miscarriage of justice” as a result of “defective representation”, and that while awaiting trial he was “deprived of the opportunity to instruct senior counsel of his choice”.
 
The court heard that in July 2013 at Glasgow High Court, the appellant was sentenced to life imprisonment with a punishment part of 22 years after being convicted of murder. There were two co-accused acquitted on the murder charge, who were defended by senior and junior counsel. 
 
The appellant – who was represented by Brian Gilfedder and Ewen Roy, both solicitors with rights of audience – lodged two grounds of appeal. 
 
Ground 1, based on assertions that a key witness had been present in the court before he gave evidence and that the appellant’s defence failed to cross-examine certain witnesses on key points of evidence, was refused after the judges ruled that the claims were “without foundation”, adding that the appeal “should not have passed the sift”. 
 
Ground 2 was that the appellant was deprived of the opportunity of instructing counsel of his own choosing. He had indicated to his then solicitor Mark Hutchison that he wished to instruct Gordon Jackson QC, as he had a number of friends who had been represented by Mr Jackson and who recommended that he instruct Mr Jackson to represent him at trial.  
 
However, the appellant claimed he was dissuaded from his choice of counsel by his solicitor, who indicated that “he preferred to work with Brian Gilfedder, solicitor advocate” and advised him to instruct Mr Gilfedder as senior counsel in the case.  
 
According to the appellant’s affidavit, he twice asked Mr Hutchison to instruct Mr Jackson to defend him, but the solicitor said “he preferred to work with someone he knew”, before a third meeting at which Mr Hutchison asked the appellant “to sign a piece of paper which he said he had to hand into court to advise that counsel had been picked”. 
 
The appellant then averred that Mr Hutchison told him that he could not get hold of Mr Jackson and that he recommended Mr Gilfedder. At that time, or shortly thereafter, the appellant learned that Mr Hutchison had joined the firm of Gilfedder and McInnes, of which Mr Gilfedder is a partner - an apparent “conflict of interest” noted by the appeal court.
 
The judges described the appeal as “futile” but added that the circumstances had caused them to consider the “wider issues” regarding the representation of an accused person in a prosecution for murder. 
 
“The primary question, in my view, relates to the extent of the accused’s rights in relation to the choice of his defender. That leads to the related question of the extent of the duty owed to him by his solicitor,” Lord Gill said.
 
The Law Society of Scotland Practice Rules 2011 provide that if a case requires appearance in a superior court, the solicitor must advise his client that it is for the client to decide whether a solicitor advocate or counsel is instructed.
 
However, the judges observed that the decision of the client must be an “informed decision” and thus the client must be advised of his options for representation.
 
The Lord Justice General said: “In my view, it is the duty of the accused’s solicitor to take all reasonable steps to ascertain which members of the bar and solicitor advocates experienced in this area are, or may be, available to conduct the defence. Only then can a worthwhile decision on representation be made.”
 
A “major difficulty” was the fact that the practice rules failed to indicate how the Law Society enforced Rule B8.4.1(b). Lord Gill described the rule as “plainly inadequate” as it failed to indicate how the Law Society interpreted the extent of the solicitor’s duty in that context.
 
Delivering his opinion, the Lord Justice General (pictured) said: “The court’s only concern is to uphold the due administration of justice and to maintain public confidence in it. In my view, it is in the interests of all concerned that the court itself should make certain that the accused has had a full and objective review of the range of representation that is available to him.
 
“This can readily be done by the court’s formally asking the accused what advice he has received regarding his rights to representation and the choice of his defender. This simple procedure can be carried out at the preliminary hearing stage and recorded in the minute book.” 
 
The judges added the court would issue a practice note on the nature and form of the advice to be given following consultation with the legal profession.  

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People sectioned under Mental Health Act 2005 at its highest since law passed

The number of individuals held under mental health laws is at its highest since the rules were changed a decade ago.
 
The number of compulsory detention orders, or sections, has increased steadily over the past ten years according to the Mental Welfare Commission (MWC).
 
There were 4,350 sections last year, which represents the highest since the coming into force of the Mental Health Act 2005.
 
One reason for the figure is an increase in the elderly being sectioned, while psychiatric hospitals being strained as there are less specialist mental health officers.
 
There was a “marked increase” of 14 per cent in the number of over 85s – 92 – given emergency detention certificates.
 
In addition, guardianship figures, which refer to situations where a family or social worker applies to take care of someone who is incapacitated, have also seen a rise of 58 per cent – up to 2,115 in a year.
 
The commission also noted that more children are being admitted to non-specialist unity because of lack of resources.
 
It has called on the Scottish Government to develop a strategy urgently to recruit and retain specialist social workers.
 
Colin McKay, MWC chief executive, said the system is heading for disaster as increasing numbers are admitted to hospital with mental health problems while the number of mental health officers declines.
 
He said: “While there are some positive signs, it is clear that the mental health officer service is under tremendous pressure.

"This needs urgent action by Government to ensure that Scotland’s progressive mental health legislation works as it is intended.

"Mr McKay said mental health care is “increasingly under strain and under-resourced.”
 
Mr McKay (pictured) added: “If this goes on the system is going to collapse.

"Over the next few years it is difficult to see how the trend could keep going up without something happening.”
 
The commission’s lead doctor, Dr Gary Morrison, said: “Given the projected demographic in Scotland over the next 20 years if this is sustained it might have distorting effect in terms of the use of the Mental Health Act 2003.”
 
Other figures indicated a fall in the number of mental health officers in Scotland of over three per cent in a year to 674.

This was attributed to retirement but also an excessive workload in some cases.
 
The number of mental health officers on an out-of-hours rota duty is at its nadir with fewer than 100 across Scotland the Scottish Social Work Council said.
 
The number of children being admitted to non-specialist wards, including adult wards.
 
This figure rose from 177 last year to 202 and was blamed in part to a lack of space but also as the preferred option because the non-specialist wards were nearer or because of the type of illness.
 
A spokesman for Unison said it was “aware of and concerned by the increasing amount of people who require these services and the reducing staffing levels and are working actively with the Scottish Government to try to make sure that services are fit for purpose”.
 
A Scottish Government spokesman said: “We are disappointed to see that the number of young people being admitted to adult wards has increased.

"While it is true child and adolescent services are seeing and treating more young people, we expect NHS boards to be working to ensure young people are only admitted to an adult ward in exceptional circumstances.

"We are working closely with boards to identify ways to help address this problem.
 
“Local authorities are responsible for ensuring they have sufficient mental health officers to carry out their responsibilities.
 
“We note the increase in welfare guardianship orders … Where such orders are in place however they serve to safeguard the welfare of an adult with incapacity.”

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ECJ holds that minimum excise duty Italy applied to cigarettes contrary to EU law

The European Court of Justice has held that the minimum excise duty of 115 per cent applied by Italy to cigarettes with a retail price lower than the most popular price category of cigarettes is contrary to EU law.
 
The Directive on the excise duty to be applied to manufactured tobacco provides that the rate of the proportional excise duty and the amount of the specific excise duty must be the same for all cigarettes.
 
In a 2012 decision the Amministrazione Autonoma dei Monopoli di Stato (AAMS) (Independent Authority for the Administration of State Monopolies) set at 115 per cent of the basic rate the minimum excise duty payable on cigarettes with a retail selling price lower than that of cigarettes in the most popular price category.
 
Italian company Yesmoke Tobacco SpA, which produces and markets cigarettes at a lower price than that of the most popular price category, challenged this decision before the Tribunale amministrativo regionale per il Lazio (Lazio Regional Administrative Court), claiming that that decision reintroduced, in fact, a minimum selling price for cigarettes, contrary to the case law of the ECJ.
 
The AAMS decision was therefore annulled. The Ministero dell’Economia e delle Finanze (Ministry of Economic Affairs and Finance) and AAMS have appealed against that judgment.
 
By its reference for a preliminary ruling, the Consiglio di Stato, (Council of State, Italy) has asked the Court of Justice whether the Directive precludes a provision of national law which, rather than establishing a minimum excise duty that is identical for all cigarettes, establishes a minimum excise duty that is applicable only to cigarettes with a retail selling price lower than that of cigarettes in the most popular price category.
 
In its judgment, the court, firstly, observed that the Directive lays down general principles for the harmonisation of the structure and rates of the excise duty on manufactured tobacco and that its objective is to ensure the proper functioning of the internal market and neutral conditions of competition in the tobacco sector.
 
The Directive provides that, for all cigarettes (regardless of their characteristics and price) an overall excise duty is to be levied, which is made up of two elements: an ad valorem excise duty, calculated on the maximum retail selling price; and a specific excise duty, calculated per unit of the product.

The directive specifies that the rate of the ad valorem excise duty and the amount of the specific excise duty must be the same for all cigarettes.
 
Member states also have the option of levying a minimum excise duty on cigarettes.

The court highlighted that this minimum excise duty represents a minimum tax threshold, below which there may not be a proportional reduction in the tax payable.
 
If member states make use of the power to establish a minimum excise duty offered by the directive, the ensuing legislation must come within the framework laid down by that directive and cannot run counter to the objectives of that directive.
 
The establishment of different minimum tax thresholds according to the characteristics or price of cigarettes would lead to distortions of competition as between different cigarettes and would therefore be contrary to the objective of ensuring the proper functioning of the internal market and neutral conditions of competition pursued by the Directive.
 
In this specific case, cigarettes in the most popular price category in Italy retail at €210 per thousand cigarettes, with a basic amount of excise duty set at €122.85.
 
Applying the Italian rules, cigarettes with a price lower than €210 per thousand cigarettes, are subject to excise duty of €141.28 per thousand cigarettes.
 
The court therefore found that the Italian legislation establishes a system in which the amount levied on cigarettes in the most popular price category, in terms of the overall excise duty, is lower than the amount levied by way of the minimum excise duty on the cheapest cigarettes, a situation which leads to the distortion of competition and runs counter to the objectives of the directive.
 
The court added that the directive already takes into account the objective of the protection of public health, notably in stating that the level of taxation is a major factor in the price of tobacco products, which in turn influences consumers’ smoking habits.

In this connection, the court observed that fiscal legislation is an important and effective instrument for discouraging consumption of tobacco products and, therefore, for the protection of public health.
 
Provided that the national measures come within the framework laid down by the directive, that directive does not prevent the member states from taking measures to combat smoking and to ensure a high level of protection for public health by levying excise duties.
 
The court concluded that the Directive precludes a provision of national law, which, rather than establishing an identical minimum excise duty that is applicable to all cigarettes, establishes a minimum excise duty that is applicable only to cigarettes with a retail selling price lower than that of cigarettes in the most popular price category.

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Brodies named Scottish firm of the year in Legal 500

Brodies LLP has been named “Scottish firm of the year” in the Legal 500 UK annual awards after leading the field in the latest edition of the independent legal directory.
 
The Legal 500 awards recognises excellence in the legal profession and are based on a rigorous independent research process which canvasses the views of clients and lawyers across the country.
 
The awards are not open to entries and are only given to the firms deemed by the editor to be leaders in their fields.
 
Brodies achieved four new top-tier rankings in the 2014 edition of Legal 500 – health, crime: fraud, commercial property (Aberdeen) and IT and telecoms – bringing its total to 19, in areas ranging from commercial litigation and intellectual property to commercial property, local government and parliamentary & public affairs.
 
As a result, Brodies has maintained its position as the firm in Scotland with the greatest number of tier 1 and 2 rankings, and the most lawyers regarded as “leading individuals” in their fields.
 
Commenting on the award, Bill Drummond, managing partner of Brodies, said: “We are delighted to receive independent recognition of this kind, particularly when it follows such in-depth research and is based on feedback from our clients and peers."

Mr Drummond (pictured) added: “This award endorses our focus on delivering in and from Scotland relevant services of the highest quality to the many individuals and organisations we support across virtually all sectors of the economy.
 
“We look forward to continuing to build and share our market-leading expertise for the benefit of clients."

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Blog: New English intestacy laws highlight need for change in Scotland

Tessa Till discusses new intestacy laws in place in England and Wales and how this reflects the situation in Scotland.
 
New rules which came into force last week in England and Wales in relation to inheritance law highlight the pressing need for reform north of the border. The Inheritance and Trustees’ Powers Act marks an important move in intestacy laws which have been subject to much discussion throughout the UK.
 
In England and Wales, the provisions relating to those who died without a will were outdated having not been changed for over 100 years. The position of the surviving spouse or civil partner is now greatly improved. The surviving spouse or civil partner will now inherit the entire estate if there are no children, and if there are children they will inherit the personal chattels, a fixed sum of £250,000 and half of the remainder of the estate outright.
 
In addition, adopted children now have a right to their parents’ estates following the parent’s death and prior to adoption by someone else. There is now also a legal entitlement for step-children who are afforded access to their step-parents’ assets.

It is important that the law continues to evolve in order to reflect modern life. These changes go some way in reflecting the diverse range of familial situations that are more common nowadays. There is a danger this further complexity will result in an increase in disputes, however the benefits are likely to outweigh issues faced by the majority of families faced with dealing with an estate which is not subject to a will. The implementation of this new Act brings Scotland’s handling of the intestacy issue to the fore.
 
Scotland’s current act for dealing with the estates of those who die without a will was implemented 50 years ago. The Succession (Scotland) Act 1964 set out provisions to avoid disinheritance of children from previous marriages – this was progressive for its time but as society has continued to evolve, the law has not. Scots law allows for the automatic entitlement of a spouse or civil partner upon death in what is termed ‘prior rights’, giving them a fixed right in the main home up to the value of £473,000, personal chattels up to the value of £29,000 and a fixed cash sum. They also have an automatic entitlement to "legal rights" which are only applicable to a proportion of the moveable estate (generally estate other than land and buildings). Children also have an automatic entitlement to "legal rights". The remainder of the estate is distributed in order of preference of surviving family members beginning with children, and ultimately the Crown.
 
In recent years there has been a lot of discussion but little action about reviewing the rules. The Scottish Law Commission produced a report in 2009 but nothing has happened in the intervening five years.
 
Intestacy laws need to ensure the fairest outcome for loved ones of the deceased. With a reported 70 per cent of people failing to make a will before they die, intestacy is a significant issue. In an ideal world, everyone would have a will in place but this is simply not the case. While intestacy rules can protect the deceased’s loved ones to an extent – it is by far better to have a will in place. There can be no real one size fits and suits all solution.

Intestacy laws can only go so far in providing a blanket approach in dealing with the estates of those who die without a will. Further understanding is needed so people are aware of the consequences and potential legal headaches for their loved ones of dying intestate and the ease in which drafting a will could eradicate this and establish a lasting legacy.
 
Intestacy rules in Scotland are widely regarded as outdated and overdue for review. I would urge we use the changes in effect in England and Wales as a spur to action to review our system.

  • Tessa is a partner at Edinburgh and Fife legal, property and financial company Pagan Osborne, you can view her profile here.

Lawyer calls on new powers commission to consider tax breaks for artists

A lawyer has called for tax breaks for artists because their work brings significant economic benefits.
 
Douglas Connell, a tax lawyer at Turcan Connell and chairman of Museums and Galleries Scotland said the tax breaks would enrich Scotland’s cultural life.
 
He would like to see Irish-style tax breaks for “players in orchestras, craft makers, writers, dancers, artists, actors, composers and others involved in creative and artistic activities”.
 
He said: “These individuals typically have relatively modest incomes but contribute greatly to the artistic and cultural life of our country which, in turn, has significant economic benefits.”
 
Mr Connell has submitted a plan to the commission led by Lord Smith of Kelvin to examine the new powers to be devolved to Scotland in the wake of the referendum.
 
He wrote to the commission in a personal capacity and believes the move would be a “huge welcome sign to artists from Scotland, and a symbol of our confidence in our culture”.
 
The Republic of Ireland has given artists a tax exemption since 1969 which means the profits from the sale of works do not attract income tax up to a maximum amount of €40,000, or £31,500.
 
The scheme which was revised in 1997 also covers book, plays, musical works, paintings and sculptures.
 
The scheme has benefited Irish artists as well as those who have moved to Ireland including Alan Warner, Irvine Welsh and musical acts including Def Leppard.
 
Mr Connell would like to see a list like the one used in Ireland, but extended to include performance artists.
 
He wrote: “If a tax exemption on the same terms were to be applied in Scotland, the obvious effect would be a reduction in the tax burden for artists, freeing up more of their income for the production of further works of artistic and cultural merit.
 
“If the exemption were extended to attract artists to become resident in Scotland, there is the possibility of broadening the scope of the definition of an artist.
 
“Rather than exempting from income tax the earnings from the sale of the works in question, the exemption could introduce an additional deduction for per formers and-musicians–those involved in the performing arts rather than simply the creative arts.
 
“This would provide a boost to young and emerging artists who, largely, do not have a particularly substantial income during the initial stages of their career.”
 
Mr Connell suggested it might be implemented as a further deduction from the calculation of income tax, as in Ireland, or a new rate of income tax affecting particular types of incomes.

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Justice secretary launches new Scottish Arbitration Centre premises


Left to right: Justice secretary Kenny MacAskill MSP, Brandon Malone, chairman of the Scottish Arbitration Centre and Andrew Mackenzie, chief executive of the Centre.  
 
 
The justice secretary Kenny MacAskill launched the new Scottish Arbitration Centre premises this week.
 
Mr MacAskill was welcomed to 125 Princes Street by Andrew Mackenzie, chief executive of the Centre. 
 
Mr MacAskill said: “This move to new premises can mark the beginning of a new chapter for arbitration. 
 
“I would like to see further use of alternatives to court wherever appropriated, such as Scottish arbitration, and for those involved to bring their disputes to the Centre. 
 
“The growth of arbitration in Scotland could ease the burden on the Scottish courts and benefit professionals and the wider economy, especially if we can attract more international dispute resolution to Scotland. 
 
“So I support the initiatives being taken by the Scottish Arbitration Centre to promote Scotland as a seat of international arbitration.”
 
Mr MacAskill went on to congratulate Mr Mackenzie and Brandon Malone, chairman of the centre, and confirmed that the Scottish Government would continue to work with and support the centre.
 
Mr Malone thanked the supporters of the centre, including the Scottish Government.  He also reflected on the success of the promotional work of the centre over the last three years.
 
He said: “The Centre seeks to represent all strands of the arbitration in Scotland and it is that coordination of arbitration interests in the Centre that has allowed us to be so effective, influencing and informing Scottish Government policy on dispute resolution; changing UK Government policy to gain recognition for Scottish arbitration, and the wider Scottish legal scene and ensuring that Scotland is represented effectively at the high tables of the arbitration world.
 
“Arbitration is of course a confidential process, so it is difficult to give facts and figures, but we know from anecdotal evidence that there has been a significant uplift in the use of arbitration in Scotland. 

"We can also say with a degree of certainty that arbitration is increasingly being specified as the default dispute mechanism in literally hundreds of contracts. 

"Scotland now also has a significant profile in the international “arbitration world, and we are looking to capitalise upon that as we move on to the next phase of our development.
 
“Now with our new premises we have a fantastic facility for dispute resolution. If there is another arbitration centre in the world with a more spectacular backdrop than this one, I don’t know where it is.”
 
Mr Mackenzie added: “We are delighted to have our new home at 125 Princes Street, where we can offer rooms for hire with stunning views of Edinburgh Castle. 

"We welcome the continued support from the Scottish Government, RICS Scotland, the Faculty of Advocates, the Law Society of Scotland and the Scottish Branch of CIArb, as we embark on this exciting new chapter in the development of the Centre.”

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Morton Fraser’s Bruce Wood wins ABL lawyer of the year award

Bruce Wood, partner at Morton Fraser has won a UK award for his expertise in asset based lending (ABL).
 
The winner of “ABL lawyer of the year: UK” in the 2014 Lawyer Monthly awards, Mr Wood has demonstrated a track record in delivering results for clients over the past three years in an area of lending that has become a new focus for corporate borrowers.
 
ABL deals, which involve an element of receivables finance, allow lenders to make advances on the basis of a monthly or even weekly valuation of debts and other asset classes. 
 
ABL is a growing market which offers a financing solution which can be used in deals of a relatively small value through to values which exceed £100 million.
 
Favoured by large banking groups and banking syndicates, it is now a market that is proving popular with US-based funders.
 
Having completed a number of high value deals structured around ABL facilities, Mr Wood (pictured) has ensured that Morton Fraser’s reputation as a market leader in asset and invoice finance continues to strengthen.
 
He said: “Asset based lending is still a relatively new borrowing facility but one that is proving very effective.
 
“Because of the size and technical complexity of the deals sought, the legal advice has to be clear and decisive.
 
“To have now acted on eight such deals over the past year, this award comes as a very welcome and appreciated recognition and reward for the work of the Morton Fraser corporate finance team.”
 

Registers of Scotland launches UK-wide HPI consultation

Registers of Scotland (RoS), in association with the Office for National Statistics, the Land Registry for England and Wales, and Land & Property Services, Northern Ireland, has launched a public consultation on creating a UK-wide house price index (HPI).

The consultation is the first step in creating a single HPI across the whole of the UK, which was a recommendation of the 2010 National Statistician’s Review of House Price Statistics.

Over 120 stakeholders in Scotland will be encouraged to take part in the consultation, which may include written submissions, face-to-face meetings and workshops. Similar activity will be taking place across the rest of the UK via the other members of the HPI Working Group.

Hugh Welsh, head of data at Registers of Scotland, said: “RoS currently produces official residential house price statistics on a quarterly basis, and will continue to do so.
 
“However, RoS and the other three producers of official statistics covering house prices in the UK all have different methodologies and publication timetables for our statistics, which can lead to confusion.

“Through the creation of a single HPI for the UK, we will align methodologies, dispel confusion and hopefully create the definitive source of house price data for the UK.

“A proposed methodology has been created, but RoS welcomes feedback on these proposals from the users of our statistics in order to more fully meet the needs of those users.”

The consultation paper considers and asks for views on how the new HPI should be compiled and additional analysis that could be included.

Any user of house price statistics is able to contribute to this consultation, which is now live on the Office for National Statistics website.

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Top Kenyan judges arrive in UK for judicial exchange

The Deputy Chief Justice of Kenya, Lady Justice Kalpana Rawal (pictured), four other justices of the Supreme Court of Kenya and six officials arrived in London this week for a three-day visit hosted by the UK Supreme Court.
 
The senior Kenyan judges will meet with their British counterparts to discuss a range of topics, including sessions on the process of judicial deliberation and judgment writing, the contribution of academics to judges’ decisions, and the role of judicial assistants at the Supreme Court.
 
The Kenyan court officials will learn about the case management processes and communications activity undertaken by the UK Supreme Court.
 
The delegation will have the opportunity to observe hearings of the Judicial Committee of the Privy Council this week, and to visit the Royal Courts of Justice.
 
The delegation also plans to visit the Judicial College for England and Wales and the Commonwealth Magistrates’ and Judges’ Association.
 
Lord Neuberger, President of Supreme Court, said: “My colleagues and I are very pleased to welcome Deputy Chief Justice Rawal and her colleagues to the United Kingdom.
 
“Such visits are always beneficial because they enable judges from different jurisdictions to learn about, and benefit from, each other’s experiences.
 
“I am greatly looking forward to learning more about the work of the Kenyan judiciary.”
 
The visit is part of the UK Supreme Court’s wider programme of international relations work, which facilitates discussion between the UK’s most senior appeal judges and their colleagues overseas on a wide range of issues.
 
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And finally… diaper directive

A Bavarian man has protested against an EU directive banning manure on mountain slopes with gradients higher than 15 per cent – by putting nappies on his cows.
 
Johann Huber, whose family has farmed the slopes of Gmund m Tegernsee for over 400 years started the practice on his 18 dairy cows to avoid infringing the EU ban.
 
Mr Huber fitted his cow Doris with a nappy and said she behaved well.
 
He added: "We have no standard nappies, they have not been developed commercially yet."
 
The Bavarian farm union is protesting the directive on nitrates, arguing that it has led to a ban on fertilisers – the manure left by cows on slopes such as Mr Huber’s.
 
Anton Kreitmair, president of the association in Upper Bavaria said: "We demand that the ban is stopped in Germany.
 
"In Bavaria no fertilisation would be possible on half the cultivated land and restrictions would be needed on cows grazing in Alpine pastures."
 
Farmers who breach the nitrates directive could lose their European agricultural subsidies.
 
The Commission has initiated legal action against Germany for neglecting to enforce the 23-year-old directive which is intended to "land application of fertilisers to steeply sloping ground, to avoid leaching of nitrates and water pollution".
 
A spokesperson said: "The nitrates directive does not foresee a ban on grazing animals on sloping land.
 
"Germany is revising its national nitrates action programme. However, it is not likely that the German authorities will propose any ban on grazing animals on sloping land."
 
A source in Brussels added: "Bavarian farmers should raise this issue with the German Federal authorities in Berlin, rather than with the Commission in Brussels."
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Jobs

Solicitor (Land & Rural Business Team) – Thorntons

Solicitor, Land & Rural Business Team
Edinburgh
 
About Thorntons
Thorntons is one of the leading legal firms in Scotland.  We provide a full range of legal services for clients whether in their personal life, or in business. Our legal teams deliver exceptional expertise mirrored by a first class client service, ensuring we are constantly at the forefront of service delivery in the legal sector.   Our traditional values and innovative approach mean clients can rely on us for accurate advice for life.
 
About this position
We are looking to recruit a Solicitor in our Land and Rural Business Team, based in our Edinburgh office.  The ideal candidate is expected to be around 3 years post qualified.
 
Responsible to: Kenneth Mackay and Linsey Barclay-Smith(Partners), Land & Rural Business Team
         
Other working contacts: Colleagues within the Land & Rural Business Team elsewhere within the Private Client Department and across the Firm, including Partners, Solicitors, Paralegals and Legal Secretaries.
 
Purpose
To ensure the provision of an effective and efficient legal service to a range of clients within the Land and Rural Business sector.
 
Key duties and responsibilities
The successful candidate will;
  • have responsibility for delivering an outstanding level of client service by establishing constructive client and intermediary contact and by effectively managing files until completion, meeting the reasonable expectations of the client and their other advisers;
  • undertake legal and advisory work in an effective and efficient manner, and in particular, to undertake and complete all aspects of  rural property conveyancing to include purchases, sales, standard securities, leases involving where applicable the creation of real burdens and servitudes;
  • research and reply to correspondence and enquiries promptly, ensuring client and firm needs are being met;
  • manage a varied and busy caseload ensuring familiarity with, and adherence to any in-house case management systems;
  • undertake appropriate research into legal and associated issues relating to matters of interest to the Land and Rural Business sector;
  • ensure appropriate time recording records are maintained efficiently and in-house administration requirements met;
  • maintain and develop knowledge within the chosen practice area.
  • work autonomously, utilising their own judgement and experience, referring to the supervising Partners, as required;
  • attend and participate in practice development events and be alert to practice development opportunities;
  • undertake continuous professional development;
  • be familiar with team/department budgets and ensure compliance by understanding and managing their personal budget and capital lock up;
  • assist paralegals and support staff, as required;
  • undertake all necessary administration to ensure the efficient and effective handling of casework; and,
  • undertake any other duties as requested by the supervising Partners.
 
Specific Information
  • Hours of work are 35 hours p.w., 9am to 5 pm Monday to Friday with 1 hour for lunch.
  • Knowledge of agricultural tenancies and renewable energy projects an advantage but not essential as training will be given.
 
The Candidate
As the successful candidate you will have the following:
  • A current Practising Certificate.
  • Excellent client facing skills with the ability to tailor service to client needs.
  • An ability to contribute towards the development and growth of the service.
  • Excellent written and verbal communication skills.
  • Good organisational skills with the ability to prioritise workload and meet deadlines with the minimum of supervision.
  • Effective research and reasoning skills.
  • An ability to work methodically.
  • Good inter-personal skills.  
  • An ability to work effectively within a team and autonomously on your own initiative.
  • Experience of conveyancing practice – both in the General Register of Sasines and the Land Register of Scotland, e.g. dispositions, securities etc.
  • Experience of Leases.
  • Ideally, an interest in rural and agricultural affairs.
 
Salary and Benefits
  • Competitive Salary
  • 25 days annual leave and 7 public holidays per annum
  • Contributory Pension scheme, Employee Health Care Plan, Child Care Vouchers
 
Interested?
Apply online at www.thorntons-law.co.uk/careers or download and return a completed application form to: HR Department, Thorntons, Whitehall House, 33 Yeaman Shore, Dundee. DD1 4BJ
 
The Closing date for applications is 9am on Monday 27 October 2014 
 
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Litigation Lawyers (0-2 yrs PQE) – Digby Brown


Offices in Glasgow, Edinburgh, Dundee,           Aberdeen, Kirkcaldy, Inverness
 
Digby Brown has enjoyed a sustained period of success over recent years and this has been reflected in our top rankings in Legal 500 and Chambers
 
We have developed a reputation as a formidable court firm, focused on quality for our clients and expertise in our people.  This has led to us being recognised as a leading Scottish law firm with the Gold award from Investors in People.
 
We are clear about our objectives for the future and with our growing market share we now have opportunities now for client focused litigators to join our high performing teams, particularly in our Glasgow and Aberdeen offices. 
 
Ideally, you will be 0-2 years qualified and have personal injury or court experience. Alternatively you may have had a commercial training and be seeking an opportunity to work in an area of law where you can make a real difference to clients and know that it matters.
 
This is a rare and exciting opportunity to work in a supportive and stimulating environment, providing a high quality legal service to pursuers of personal injury claims nationwide.
 
A competitive salary and benefits package is on offer for the right candidates.
 
To apply please email a CV and covering letter to Recruit@digbybrown.co.uk by October 20.
 
No Agencies.



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Land & Property/Corporate/Tax & Succession Opportunities – Turcan Connell

Opportunities

We have a number of opportunities for talented solicitors to join our legal teams in the following areas:
 
  • Land & Property – Rural, Agriculture, Renewables, Commercial & Development Property
  • Corporate – advising SMEs, Private Equity & Renewables projects
  • Tax & Succession – Wills, Estate Planning & Trusts
 
These positions are based in our Edinburgh office with occasional need to work out of our Glasgow and London offices.
  
About us

The vision for the Turcan Connell Group has always been to offer all the professional advice under one roof that an individual might need during their lifetime. This means offering a full range of legal alongside wealth and investment management and a complete range of tax services. We believe that this joined-up, interdisciplinary approach of combining legal and financial skills and expertise really sets the Turcan Connell Group apart and enables us to provide the very best advice and counsel to our clients.
 
Turcan Connell will provide a fantastic opportunity to develop a career in an environment with an unrivalled reputation. 
 
Skills/Qualifications

In order to be successful in these roles, you will be a strong team player with sound practical legal experience and enthusiasm to develop your technical skills and legal career in a dynamic fast-paced environment.
 
To apply please send a full CV to michaela.price@turcanconnell.com.

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Banking Solicitor (0-5 years+ PQE) – DLA Piper

Solicitor
Banking, Edinburgh

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

We are now seeking an exceptional Banking solicitor (0-5 years+ PQE) to join our Finance & Projects team in Edinburgh. 

The role will be to advise all the main banks operating in the UK on a wide variety of transactional matters including acquisition finance, real estate finance, refinancing, restructuring, asset based lending and general corporate banking.  We also advise corporate borrowers on their funding requirements.

The team is part of a wider UK and International team and frequently acts on deals involving our worldwide colleagues, giving our clients access to one of the largest teams in the world.

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

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

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

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Litigation Assistant (2 – 3 yrs PQE) – Morisons LLP

Litigation Assistant: 2 – 3 yrs PQE

Job title: Solicitor
Department: Litigation/Reparation
Location: Edinburgh

Morisons LLP is a modern, progressive law firm with offices in Edinburgh and Glasgow. Our Reparation team is seeking to recruit a qualified assistant with around 2-3 years’ PQE.

Ideally candidates will have both traineeship and post-qualification experience of reparation and personal injury and medical negligence in particular.

The role will support our Reparation partners in our Edinburgh office.

Candidates will require to be hardworking, organised, flexible, able to work independently and have a strong interest in continuing to pursue a career in this area of the law.

They should have excellent communication and people skills, good IT capability, be committed to helping build strong client relationships and able to work well as part of a team.

Application letters including a current CV should be sent to ken.lauder@morisonsllp.com. Applications should be received by 20 October 2014. 

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Banking Solicitor (2 Year PQE) – Brodies

JOB TITLE:
 
Solicitor, around 2 years PQE - Banking
 
Based in Edinburgh
 
REPORTING TO:
 
Michael Stoneham, Partner and Bruce Stephen, Partner
 
JOB PURPOSE:
 
The Banking department are looking for a solicitor to join their team to support on a wide variety of transactional and banking advisory work, including real estate finance, project finance, corporate funding and acquisition finance and securitisation. 
You will work as part of an existing, market leading team of experienced lawyers with a varied client-base.
 
CORE TASKS:
  • Advising clients on banking matters including drafting loan and security documentation associated with different types of finance and legal opinions.
  • Drafting of legal research and papers for client advice and/or wider publication
  • Assisting clients to meet their overall business objectives
  • Involvement in business development activities linked to  the strategic plan of the department and firm
  • Be aware of Brodies’ information security policies, and protect information assets from unauthorised access, disclosure, modification, destruction or interference at all times.
PERSON SPECIFICATION:
  • 2 years post qualified experience working in banking, restructuring and insolvency is essential
  • Excellent attention to detail
  • Committed to keeping up to date with changes in the law and developments in business area
  • Understanding of the departments key clients, the industry in which they operate and the challenges they face
  • Adapts style of communication appropriately when dealing with colleagues and clients
  • Takes personal responsibility to learn on the job and keep knowledge up to date
  • Shows understanding of clients’ needs and tailors advice appropriately
  • Strong drafting and written communication skills
  • Demonstrates strong research skills
  • Ability to deal with competing priorities and meet deadlines
  • Excellent knowledge of Brodies and the services it offers
 SKILLS:
  • Self motivated and driven
  • Prepared, organised and able to prioritise
  • Applied knowledge
  • Commercial and profit focus
  • Conduct and communication skills
To apply for this position please send a copy of your CV and covering letter to recruitment@brodies.com quoting reference number BR313. If you would like to discuss the role in further detail, please contact Suzanne Ross on 0131 656 0156.
 
Brodies is committed to equality, diversity & the creation of an inclusive work environment where no partner, employee, potential employee or job applicant receives less favourable treatment.  We value the skills, experience and perspective that a diverse and representative workforce offers us in terms of our ability to deliver top class legal services to our clients.

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Solicitor (Child Law Department) – Thorley Stephenson

Edinburgh 

We are looking to recruit a solicitor for our Child Law Department.  The Family Law Department of Thorley Stephenson were awarded Family Law Team of the Year at the Scottish Legal Awards 2014
 
The successful candidate will require to have a knowledge of both legal aid and child law.  Court experience will be essential.
 
The role may suit newly qualified and above. 
 
A competitive salary is offered dependent upon experience.
 
Application by way of CV in strictest confidence to mrt@thorleystephenson.com.

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Civil Litigation Solicitor – J Myles & Co

Experienced and energetic court solicitor required for General Practice in Tayside with Offices in Dundee and Carnoustie.
 
The successful applicant will be expected to work with minimal supervision in various areas of general civil litigation for both private and legally assisted clients.
 
Good opportunity for the right candidate.
 
Salary Neg
 
Apply with CV to: Staff Partner at J. Myles & Company, Solicitors, 7-9 South Tay Street, Dundee, DD1 1NU

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Commercial Contracts Lawyer – ECS

Two of Scotland’s leading IT companies, ECS and ThinkAnalytics, which combined have over 850 staff in the UK and overseas, have an exciting and leading opportunity for a Commercial Contracts Lawyer reporting to the Board of Directors.

The role is based in our Glasgow Head Office working closely with the Board and Management teams. The desired candidate must have initiative, drive and the experience of working in one of Scotland’s leading legal companies or a Corporate Office.
 
The role will work closely with key internal stakeholders, providing advice on best practice throughout the contracts/tender process. They will be heavily involved in drafting and structuring software licensing and service agreements, providing knowledgeable input on points of law and driving contract negotiations with key clients and external partners through to a successful conclusion in the various jurisdictions that the company operates in. 
 
Experience
 
The successful candidate will be able to demonstrate:
  • A minimum of 4 years post qualifying experience in a similar role, focusing on negotiating high value technology contracts, including the commercial elements such as SLA’s.
  • A comprehensive understanding of IP law, software distribution and licensing agreements.
  • In-depth experience at an operational level of managed service client engagements.
  • Strong inter-personal and communication skills when dealing with Clients and internal stakeholders.
 
An ability to undertake company secretarial duties would be also be desirable.
 
For the successful candidate we offer a highly competitive salary, circa £60,000 and a benefits package that includes pension, private health insurance and childcare vouchers. We will also provide appropriate training to assist you in achieving your personal goals.
 
If you have the skills and experience as stipulated above, can demonstrate a strong level of achievement in your career to date, and want to join a thriving technology organisation where you can continue to develop your skills, we would like to hear from you.
 
Please forward your CV for immediate consideration to Gemma McDonald at gemma.mcdonald.co.uk
 
The closing date is Friday 17th October.

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Civil Court Solicitor – MacHardy, Alexander & Whyte, W.S.

Civil Court Solicitor Required – Maternity Cover

Temporary position (9 months +) to provide maternity cover for our Civil Court Associate.  Based in our small, friendly office in Forfar.  Cover required from early December 2014.
 
You must hold an unrestricted practising certificate.  Experience in family law, civil court work, employment law and debt recovery is desirable.  There will be a high degree of client contact and a varied workload.  Experience of appearing in court, including the conduct of Child Welfare Hearings and Proofs is desirable.  We do not carry out any criminal court work, nor any work under the Legal Aid scheme.

Please apply with a full CV to:

Nicholas Whyte
MacHardy, Alexander & Whyte, WS
Solicitors & Estate Agents
71 Castle Street, Forfar
Angus, DD8 3AG

E-mail:  forfar@machardy.co.uk

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Solicitors – BLM

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

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

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

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

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

To apply please submit your CV to louise.gallagher@blmlaw.com.

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Property / Renewables Solicitor – Dale Solicitors LLP

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

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

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

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

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

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

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Property Solicitor (3+ Years PQE) – Lindsays

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

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

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

Lindsays is an equal opportunities employer.

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CPD, Courses & Events

Police Scotland - Good Or Bad For Scottish Justice? – NM Legal Training 

Police Scotland - Good Or Bad For Scottish Justice?

A CPD seminar will take place in Glasgow on 29 October to examine whether or not a unified police force is good or bad for Scottish Justice.

Police Scotland was founded on 1 April 2013 however serious concerns have emerged about the manner in which the new force is going about it's business.

The recent U-turn reversing a policy of sending armed officers to routine incidents raised serious questions about the way Police Scotland is operating. Other issues abound such as the astronomic stop and search rate. The seminar will consider whether Police Scotland lacks appropriate accountability?

Advocate Niall McCluskey (pictured) who is organising and chairing the event said “There seemed an inexorable logic given the size of her population that Scotland should have only one police force. However the recent U-turn reversing a policy of sending armed officers to routine incidents by Sir Stephen House is an embarrassing climbdown for the first ever Chief Constable of Police Scotland.This fiasco raises serious questions about the way Police Scotland is operating.

"It is now apparent Police Scotland lacks appropriate accountability. Sir Stephen appears to have been able to radically change police culture without any oversight from the justice secretary, Kenny MacAskill. 

"I decided to organise this seminar because I believe the time has come for Police Scotland to be assessed in light of the misgivings that have arisen. To this end I have assembled a diverse group of speakers with very different perspectives who I believe will shed light on the positive and negative side of Police Scotland.”
 
DETAILS OF EVENT
 
WHEN ? - 29 October 2014 with a 17.00 for 17.30 start. Event to finish by 20.00.
 
WHERE ? - The Corinthians Club,191 Ingram St, City Centre, Glasgow, G1 1DA
 
CPD - Attendance at this event will qualify for 2.5 hours cpd. Event organised by Advocate Niall McCluskey's training company NM Legal Training.
 
HOW TO REGISTER – Online at https://www.eventbrite.co.uk/e/police-scotland-good-or-bad-for-scottish-justice-tickets-13484842527. For info email Niall McCluskey at nmlegaltraining@gmail.com.
 
Places are limited so early booking is advised.
 
THE SPEAKERS
 
Brian McConnachie QC – Black Chambers
 
Graeme Pearson MSP – Shadow Justice Secretary and former assistant Chief Constable of Strathclyde.
 
Bruce Adamson – Scottish Human Rights Commission.
 
Aamer Anwar – Aamer Anwar and Co.
 

Beyond the Basics – SYLA

The Beyond the Basics series is back this month with two new events - the first on the early release of prisoners on 23 October, and the second on adults with incapacity, taking place on 4 November.
 
Beyond the Basics: Early Release of Prisoners, 23 October 2014, Edinburgh
In the latest installment of the Beyond the Basics series, Douglas Thomson, Solicitor Advocate, of McArthur Stanton Solicitors, will speak on the topic of the Early Release of Prisoners: Past, Present & Future, touching upon the recent proposed reforms in this area.  Douglas will also give a round-up of recent developments in legal aid.

This session may count for 1 hour CPD.  It is kindly hosted in the SSC Library, Parliament Hall, Edinburgh.  Spaces for this seminar can be booked here.

We look forward to welcoming you then. 

Beyond the Basics: Adults with Incapacity, 4 November 2014, Edinburgh
The latest installment in the SYLA "Beyond the Basics" series is our Adults with Incapacity Update.  Our seminar on Tuesday, 4 November 2014 will provide a case law update on guardianships, intervention orders and powers of attorney, and is kindly hosted by Morton Fraser LLP.

Speakers are Robin Morton, Partner in Morton Fraser LLP and Julianna Cartwright, advocate with Westwater Advocates.  Robin is the head of Morton Fraser's Later Life Team with over 30 years' experience of asset protection work and has a particular interest in issues around capacity, guardianship and powers of attorney.  Julianna worked as a solicitor in private practice for 12 years prior to calling at the Bar in 2011.  She has a breadth of experience in most areas of Scots’ private law including adults with incapacity and mental health law.

The seminar will be held at 6pm on Tuesday, 4 November at Morton Fraser LLP, Quartermile Two, 2 Lister Square, Edinburgh, EH3 9GL. The seminar will close with a Q&A session, followed by networking and refreshments.  Spaces at the seminar can be booked here.

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Scottish Discrimination Law Association in partnership with the Equality and Human Rights Commission

A Level Playing Field?
Discrimination Law in 2014
 
Thursday 23 October 2014
9.15am for 10.00am – 4pm
Hilton Hotel, 1 William Street, Glasgow, G3 8HT
 
PROGRAMME           
 
Discrimination Update and the Burden of Proof: A game of two halves - Caspar Glyn QC, Cloisters
            
Age Discrimination: Coming of Age? - Richard O’Dair, 36 Bedford Row
 
Tribunal Fees: What’s Happening? - Jonathan Mitchell QC, Arnot Manderson Advocates
 
Issues in Goods and Services Claims - Catherine Casserley, Cloisters
 
Racism: Football’s Response -Tony Higgins, Vice President World Players’ Union
 
Scottish Women in Sport – Kayleigh Grieve, Scottish Women in Sport
 
Beyond the Games - Equality in Sport - Alastair Pringle, Director EHRC Scotland

SDLA CONFERENCE BOOKING FORM
 
Delegate Name: .......................................................
 
Organisation: .......................................................
 
Address: .......................................................
 
.......................................................

Email address: .......................................................
 
Telephone No: .......................................................            
        
Number of places required: .......................................................
 
Reasonable adjustments – The conference venue is accessible for wheelchair users.  Please let us know below (at least 14 days before the event) if you have any other access needs such as sign language interpreter, speech to text, alternative formats, assistance on the day or if you have any dietary requirements. We may wish to contact you to discuss your requirements so please indicate your preferred method of contact e.g. email or telephone.  Please be aware that although we will make every effort to meet your access needs this may be difficult if you book less than 14 days before the event.
 
..............................................................................................................
..............................................................................................................
..............................................................................................................
..............................................................................................................
 
I enclose a cheque in the sum of £ ........................................
 
Please make cheques payable to: SDLA
and return to:  
SDLA c/o Equality and Human Rights Commission
2nd Floor, 151 West George Street, Glasgow, G2 2JJ

For further information, please contact: Angela Barclay on 0141 228 5951 or equalityactscotland@equalityhumanrights.com
 
Cost       £60 for SDLA Members
               £100 for non-members (includes membership for 2015)
 
Voluntary Organisations - reduced rates may be available on application

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Compass Chambers’ 7th annual conference now fully booked

Compass Chambers is delighted to announce that their 7th Annual Conference is now fully booked.  
 
Practice manager Gavin Herd said: “The response has again been absolutely incredible – we are fully booked with 200 delegates, only a few days after advertising the event. 
 
“We are taking names onto a reserve list and will try to accommodate as many people as we can, so anyone who would like to come along can still get in touch.”
 
The conference will take place on Friday 14th November at the Balmoral Hotel, Edinburgh, from 1pm – 5:30pm.
 
The conference is open to all solicitors, in-house lawyers, trainees and paralegals.
 
Under the Law Society of Scotland’s guidelines, delegates will be accredited with 3 hours of CPD time.
 
The conference is FREE to attend however Compass Chambers have chosen Wobbly Williams as their nominated charity for 2014 and would appreciate any donations on the day to this worthwhile cause.
 
This year the program will include a review of recent developments in the fields of reparation, regulatory prosecutions and professional negligence. A range of seminars will be led by Compass Chambers’ experts in each field.
 
As in previous years, delegates are given the opportunity to select 3 seminar topics from a choice of 6 and these will be heard in breakout sessions throughout the afternoon. The topics and speakers are as follows –

Rory Anderson QC & Richard Pugh - Medical/Professional Negligence Update.
Peter Gray QC & Susan Duff - Health & Safety Update; plus analysis of recent sentencing developments.
Geoff Clarke QC & Gavin Thornley - Personal Injury Update.
Mark Stewart QC & Emma Toner - Environmental Crime.
Robert Milligan QC & Steve Laing - Personal Injuries in Sports Law.
David McNaughtan & Yvonne Waugh - Accidents Abroad
 
The event will continue with a drinks reception from 5:30pm, to which all attendees of the Conference are invited. 
 
If you would like to add your name to the reserve list for a place at the Conference, please contact Lesley Hogg at lesley.hogg@compasschambers.com providing your name, firm and the 3 seminars you would like to attend on the day. 

Compass Chambers look forward to welcoming you to the Annual Conference 2014.
 
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Faculty Of Advocates Employment Law Group Conference 2014

Tuesday 21 October 2014

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

Attendance fee—£50+VAT

To register your place, and for further details on how to pay the fee and choose your workshop please go to http://events.advocates.org.uk/.

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Terra Firma: Annual Local Government Conference on Monday 20th October 2014

Terra Firma Chambers will host its 5th Annual Local Government Conference on Monday 20th October 2014 at the Lighthouse, Mitchell Lane, Glasgow.
 
Chaired by Douglas Armstrong QC, this full day conference will feature a range of talks in a number of areas of particular interest to local authorities, including Judicial Review, Employment, Planning, Common Good, and Licensing, as well as a session on Community Empowerment.
 
The conference has been accredited for four and a half hours CPD for its own members and is eligible for a similar award from the Law Society for the solicitor branch of the profession.  The conference will be followed by a drinks reception.

Once again there will be no charge for attendance at this event however prior booking is necessary. Previous years’ conferences have been fully subscribed and interest is expected to be high once again.  Further details can be found by visiting www.terrafirmachambers.com/seminars.html.  To ensure your place at this event, please email seminars@terrafirmachambers.com.

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