Man detained in secure Glasgow hospitals who claimed he should have been released earlier loses damages claim against health board

A man who was detained in various hospitals in the Glasgow area after being found unfit to stand trial in criminal proceedings has had an action for damages against the Greater Glasgow and Clyde Health Board rejected by the Sheriff Court.

Daniel Boyle was detained in a hospital designated as a high secure unit from 2009 until 2014 before being moved to a medium secure unit hospital where he stayed until 2017 and then to the low security premises in which he remained. He argued that he was entitled to damages on account of being held in medium security premises longer than necessary, thus impeding his rehabilitation, treatment, and eventual discharge from hospital.

The case was heard by Sheriff Stuart Reid. Ms D Forbes, advocate, appeared for the pursuer and Ms J Cartwright, advocate, for the defender.

Lack of availability

In 2009, the pursuer was found unfit to stand trial because he suffered from paranoid schizophrenia and dissocial personality disorder. He was made subject to a compulsion order and a restriction order, and was detained in The State Hospital, Carstairs, until July 2014. After that, he spent just over three years at Rowanbank Clinic, Stobhill, before being transferred to Leverndale Hospital, Glasgow, a low secure unit hospital.

During his time at the medium secure Rowanbank Clinic, the pursuer was said to have made good progress in the treatment of his mental disorder. With the agreement of his responsible medical officer, he was placed on a waiting list for a bed at Leverndale in July 2016. After applying to the Mental Health Tribunal for Scotland for an order that he was detained in conditions of excessive security, the Tribunal ordered in November 2016 that he was to be transferred to a low secure unit within three months of the making of the order. A second order extending this deadline to 16 June 2017 was later made.

When the first deadline of 24 February 2017 expired, the pursuer was still at Rowanbank. On 28 February it was determined by the defender that the pursuer should be referred out-of-area to a newer clinic in Irvine, Woodland View, due to a projected lack of availability at Leverndale. The pursuer opposed this as his family would find it difficult to visit him there. He was eventually transferred to Leverndale in December 2017 after space became available.

Counsel for the pursuer submitted that, as a result of the delays, not only had the pursuer been in hospital longer than he should have been but his ultimate discharge was thwarted due to becoming “trapped” in hospital at the outset of the Covid-19 pandemic. His rights under Article 5 of the ECHR had been violated, and the defender had been in breach of its statutory duties under the Mental Health (Care and Treatment) (Scotland) Act 2003.

Voluntary decision

In his decision, Sheriff Reid said of the health board’s conduct: “The defender has allowed itself to be diverted by an irrelevant consideration, namely, Mr Boyle’s expressed preference as to the location of the hospital to which he wished to be transferred. By taking that irrelevant factor into account, the defender then failed to take the necessary steps that were open to it to discharge its duties under the [Tribunal’s] order. Specifically, it failed to procure that its referral of Mr Boyle for assessment was completed; it thereby failed to identify available accommodation at Woodland View.”

He continued: “According to the evidence, it was not until 11 October 2017 that any agreement ‘in principle’ was first reached between the defender and the Scottish Ministers for the transfer of the pursuer to Leverndale. Even then, still no bed had been identified as being available for the pursuer. Only by 6 December 2017, when Mr Boyle was finally transferred, can it be reasonably be concluded that all of the statutory duties under the order had by that date been performed.”

Addressing the causation of the defender’s breach of the duty, the sheriff went on to say: “But for Mr Boyle’s firm refusal, I am satisfied on the evidence that Mr Boyle would have been assessed as suitable for transfer; that accommodation would have been identified as available for him [at Woodland View]; that all the necessary notifications would have been effected; and, indeed, that Mr Boyle would in fact have been transferred by 16 June 2017.”

He concluded: “The effective cause of the pursuer’s continued detention in Rowanbank from 16 June 2017 to 6 December 2017, in conditions of excessive security, was his own voluntary decision – clear and unequivocal, persistent and unyielding – to reject the opportunity to transfer to the LSU at Woodlad View.”

For these reasons, the sheriff granted decree of absolvitor in favour of the defender.

Copyright © Scottish Legal News Ltd 2021

Disgraced Police Scotland gives £1m to family of M9 crash victim Lamara Bell

Police Scotland has given the family of a woman who was left to die in a crashed car £1 million in compensation.

A road traffic incident on the M9 on 5 July 2015 led to the deaths of Lamara Bell and John Yuill. The couple were found on 8 July following a 999 call by a member of the public. Mr Yuill died at the scene. Lamara Bell died on 12 July at the Queen Elizabeth University Hospital.

Family lawyer David Nellaney, of Digby Brown, said the firm welcomed Police Scotland’s compensation payment but criticised the single force for taking so long to settle the case.

“The Bell family has endured things very few people could ever comprehend but the patience, resilience and compassion they have shown at all times cannot be understated,” he said.

“It is unfortunate that Police Scotland did not admit its failings sooner as it might have spared them unnecessary distress, but at least we do now have a conclusion and the Bells can rightly focus on themselves and times ahead.”

The family said in a statement that the settlement was the end of “chasing answers, recognition and justice for six years”.

They added: “Our pain and loss won’t stop just because the legal proceedings are over, but there is at least a sense of peace that comes with their conclusion. But that peace is fleeting because ultimately we are still without Lamara.

“We are without a daughter and sister and her children are without a mother – such an outcome cannot, and should not ever, go unheeded in a fair society and we are glad to finally have attained that which we sought.”

Shepherd and Wedderburn invests in new head office at Haymarket development

Shepherd and Wedderburn is to relocate its headquarters to M&G’s Haymarket Edinburgh development.

The firm, which currently has an office at Exchange Crescent, Conference Square, will occupy 29,461 sq ft on the top two floors of 1 Haymarket Square. It will move into the new Grade A office premises towards the end of next year.

Shepherd and Wedderburn chose Haymarket Edinburgh because of its modern facilities, prime city centre location and the ease of access it offers colleagues and clients using public transport. Haymarket Edinburgh is being delivered by M&G Real Estate and Edinburgh property developer Qmile Group.

In keeping with the firm’s commitment to be net zero for carbon emissions by 2030, the development has an ‘A’ Energy Performance Certificate (EPC) rating and a ‘very good’ BREEAM certification. In addition, 1 Haymarket Square meets the requirements for WiredScore Platinum certification – the highest level of resilience for incoming telecommunications – and offers built-in 5G technology.

Andrew Blain, managing partner of Shepherd and Wedderburn, said: “One Haymarket Square will offer a flexible and dynamic working environment for colleagues and allow us to continue to grow. We are pleased to be working with Qmile Group and look forward to occupying our new offices towards the end of next year.”

Gerald Cunningham

Aberdeen solicitor Gerald Cunningham, who received an award from the Pope, has passed away aged 86.

"One of three sons for John and Mary Cunningham of Garthdee, the family shared a devout faith.

"Gerald’s father ran a sawmill and his mother raised the children at home, but the Church was an important part of their lives and routine. As such Gerald was educated at Blairs College – sometimes known as St Mary’s College, Blairs – a junior seminary for boys and young men hoping to enter the priesthood.

"These studies would whet his appetite for travel as during that time he was able to study in Italy and Spain. This ignited another passion for Latin.

"Gerald was fluent in the ancient language, which would stand him in good stead for his law career. His transfer from Blairs to Aberdeen University was no doubt made easier by a solid understanding of the Classics, aiding him in learning legal terms.

"But while Gerald had opted out of formal ministry, one of his brothers did go on to enter the priesthood."

Read the full article here

Hungary and Poland dealt blow in challenge to EU rule of law conditionality regulation

Hungary and Poland have been dealt a blow in their legal challenge to EU rules cutting funding for member states that fail to protect the rule of law after an advocate-general sided with the European Parliament and Council.

The two member states had brought actions before the Court of Justice of the European Union (CJEU) seeking the annulment of the rule of law conditionality regulation which has been in force since January 2021.

Under the regulation, the European Council may, at the request of the European Commission, adopt measures in response to rule of law breaches such as the suspension of payments from the EU budget or the suspension of the approval of one or more programmes financed by that budget.

Hungary and Poland have challenged the regulation on the basis of, inter alia, the alleged absence or inadequacy of the legal basis chosen for the Regulation, the alleged incompatibility of the Regulation with Article 7 TEU and the alleged breach of the principle of legal certainty.

However, in an opinion published yesterday, Advocate-General Manuel Campos Sánchez-Bordona rejected all of their claims and proposed that the CJEU should dismiss the actions.

He emphasised that the regulation is not intended to protect the rule of law by means of a sanction mechanism similar to Article 7 TEU, but rather to establish a financial conditionality instrument to safeguard the sound management of the EU's funds or its financial interests.

Andrew Foyle: Spotlight on the price of success

The outcome of a recent case is significant as a test point in law and will be of particular interest to litigation lawyers in Scotland, writes Andrew Foyle.

Earlier this week, the Lord President delivered the judgment of the Court in the appeal from the Sheriff Appeal Court concerning the case of Cabot Financial (UK) Limited v Catherine Weir [2021] CSIH 64. In the case, the Inner House of the Court of Session was asked to consider the question of whether an award of expenses on an “agent/client, client paying” basis was apt to include a success fee payable by the defender to their solicitor in terms of their letter of engagement.

Where a court awards the expenses of litigation against a party to the litigation, this is generally done on the “party-party” scale, which is set out in an Act of Sederunt. There are, however, two other scales upon which the court can award expenses if they consider it appropriate to do so. These are the “agent/client, client paying” scale and the “agent/client, third party paying” scale. The former is generally considered more generous than the latter, and closer to a full indemnity against the costs of litigation. However, even in these more generous awards there are limits.

In Cabot Financial, the Inner House was asked to consider the question of whether an award of expenses on an “agent/client, client paying” basis was apt to include a success fee (in this case an uplift of 70 per cent of the fees) payable by the defender to their solicitor, in terms of their letter of engagement.

Whilst the auditor had allowed the defender the uplift in expenses, and considered that the award was akin to a full indemnity, following a note of objections this was overturned by the sheriff. An appeal to the Sheriff Appeal Court was not successful and so the defender appealed to the Inner House.

The Inner House largely agreed with the reasoning of the sheriff at first instance. The court examined the historical development of the rules relating to awards of expenses. It found that “in the taxation of any account in respect of which there has been a finding in expenses in the course of litigation, whether the scale is party and party or agent and client, the allowable expenses must relate directly to the litigation”. Put another way, the charges that a party may claim require to be for work done as part of the judicial process. Not for charges incurred outside of that process.

Applying that rule to the success fee claimed in this case, the court concluded that the success fee was not a charge incurred as part of the judicial process. Rather it was an agreement between the solicitor and their client which is “outwith the boundaries of the process.” It’s effectively an incentive to the solicitor to take on the case and is not related to the work actually carried out in progressing the litigation. As a result, it could not form part of the allowable expenses in an agent/client account.

As a result, it appears that in those relatively rare cases where expenses are awarded on an agent/client basis, a solicitor acting under a speculative or similar arrangement may not claim their success fee as part of that award. Importantly, the client will remain liable to their solicitor for that sum. Moreover, the award cannot be seen as a complete indemnity against the costs of pursuing the action for the court may disallow any items which do not form part of the work carried out in furtherance of the litigation. Furthermore, the court may disallow “extravagant claims” as part of their supervisory jurisdiction.

Andrew Foyle is a partner at Shoosmiths LLP.

Macnabs announces promotions as it opens new office

Perthshire-based law firm Macnabs has announced a series of appointments as it celebrates the opening of its new office in Bridge of Allan this month.

The firm has appointed partner Rachael MacDonald and has promoted Sarah Mitchell who will also take up the position of partner within the firm.

The opening of the office brings the total number of Macnabs offices throughout Perthshire to four.

Ms MacDonald, who joined the firm from Harper Macleod, is accredited by the Law Society of Scotland as a specialist in family law and is renowned for her expertise in high-net-worth financial provision on divorce cases.

Ms Mitchell started her career at Macnabs as a trainee almost 10 years ago, before progressing through the ranks to solicitor then associate and has now assumed her role as a partner in the private client team.

Ruth Croman, managing partner, said: “We are delighted to welcome Rachael and Sarah to the Partnership. After a successful year we are investing in both the fabric of our offices and our team. The firm is growing and recognising talent and commitment at every level, and our focus and enthusiasm will allow us to continue to deliver a first-class service to our clients across Perthshire.”

Ms MacDonald added: “It’s great to be joining such an innovative firm who have grown significantly over the years, yet who have managed to maintain their unique personal approach and down-to-earth style, and I am looking forward to working with the team.”

Councils owed more than £33m in potentially unlawful temporary accommodation charges

The total debt owed by individuals to local authorities that charged for temporary homeless accommodation in Scotland is in excess of £33 million, new figures have revealed amid suggestions that the practice could be unlawful.

The data has been published in a new report by the Legal Services Agency (LSA) which examined the issue and whether local authorities were acting lawfully in this area.

Having submitted freedom of information (FOI) requests to all local authorities in Scotland for information on their charging regimes, the LSA found that the charging practices vary across Scotland, resulting in a "postcode lottery" for individuals.

Most local authorities do not currently take individual circumstances into account but do consider affordability when setting their charges, the LSA added.

According to the research, the total debt owed by individuals to local authorities for these charges totalled upwards of £33.3m. The "conservative figure" is likely to be lower than the correct amount as three local authorities did not provide information on debt owed and some only provided a figure for a single calendar year, or for current tenants, rather than the total outstanding debt.

On the individual local authority level, the FOI responses showed a great degree of variation. The reported outstanding debt ranged from £0 in East Lothian to £12,711,641 in Edinburgh. The mean debt owed to the 30 local authorities who provided data was £1,286,067.

Anecdotal evidence from LSA’s clients indicates that a single household or individual may owe thousands of pounds to a local authority – and that charges can be issued with little reference to their affordability for any given individual.

Individuals in Scotland who make a homelessness application to their local authority are supposed to be provided with temporary accommodation.

However, the provision of temporary accommodation is costly for local authorities. The Housing (Scotland) Act 1987 allows local authorities to make “reasonable” charges for temporary accommodation. The accompanying statutory Code of Guidance on Homelessness requires that individual circumstances must be taken into account when setting the charges.

The report, 'Charges for temporary homeless accommodation in Scotland – law and reality', explains that the practice by local authorities of failing to consider individual circumstances to ensure that any charges are affordable may be unlawful.

According to the LSA, the practical implications of the current system are that charges are unaffordable, leaving many people with high levels of personal debt, leading to considerable hardship for individuals who find themselves in this situation, as well as contributing to mental health issues.

The report recommends that in the short-term, local authorities should review and update their policies on charging for temporary accommodations to ensure that they are in line with the Code of Guidance on Homelessness and the human right to adequate housing. In circumstances where individuals may have been subject to unaffordable charges for temporary accommodation, housing advisers are advised to challenge such charges with legal action where necessary.

In the long-term, the report recommends that charges for temporary accommodation should be removed altogether. Failing that, tighter regulation for temporary accommodation charges are recommended, with the addition of such mechanisms as affordability assessments to ensure that all charges are affordable.

A City of Edinburgh Council spokesperson said it followed the Scottish government Homelessness Code of Guidance on accommodation charges and affordability. 

They added: “Households accommodated in temporary accommodation by the council are assisted to apply for housing benefit where they qualify and to maximise their income. We take into account each individual’s circumstance, their weekly incomes and outgoing in setting the charge to ensure that they are affordable.” 

A spokeswoman for Glasgow’s homeless services added: “The council is permitted to make a reasonable charge for the provision of temporary homeless accommodation. When setting the rental charge for homeless accommodation the council has regard to the Homelessness Code of Guidance 2019. However, the guiding principle...is to set a charge which reflects the cost to the council in providing interim homeless accommodation.”

A spokesperson for the Scottish government said it expects local authorities to follow existing guidance, which “includes looking carefully at the needs and situation of the household before making any decision about any reasonable charge”.

“Local authorities share our ambition to ensure stays in temporary accommodation are short-term, and we will be working with them to achieve this. We encourage local authorities to take a person-centred approach and to take individual circumstances into account when deciding how much to charge.”

Widespread support for new fireworks regime in Scotland

Tougher action on the sale and use of fireworks and tackling the misuse of pyrotechnics has been backed in a new consultation.

The public consultation, which attracted a total of 1,739 responses, asked for views on the Scottish government’s Fireworks and Pyrotechnics Bill.

The proposed bill follows the report of an independent Fireworks Review Group which recommended tightening legislation to reduce the harm fireworks can cause.

The consultation, published today, shows that of those who responded on these individual issues:

• 92 per cent agreed with the introduction of a new offence to criminalise the supply of fireworks to under-18s
• 84 per cent backed the introduction of a fireworks licensing system
• 77 per cent backed a new offence of being in possession of a pyrotechnic in a public place without reasonable excuse or lawful authority
• 70 per cent agreed with extending police powers to allow a stop and search provision in relation to pyrotechnics
  more than 60 per cent agreed with restrictions for the general public on the days fireworks can be sold and used

Community safety minister Ash Regan said: “The consultation builds on a significant programme of engagement and evidence gathering and demonstrated the range of views among those who responded.

“I am committed to making our communities safer and we have already moved quickly to introduce regulations restricting the times of day and the volume of fireworks that can be supplied to the public - as well as the times fireworks can be set off.

“We are intent on further improving safety for communities across Scotland by taking forward the Fireworks and Pyrotechnics Bill at the earliest opportunity to ensure appropriate action is taken over the sale and use of fireworks and to reduce the misuse of pyrotechnic devices such as flares.”

Domestic abuse accounts for sizeable chunk of Sheriff summary trials

Domestic abuse cases accounted for 34 per cent of Sheriff summary trials called and 43 per cent of Sheriff summary trials in which evidence was led between July and September, new figures show.

The Scottish Courts and Tribunals Service quarterly statistical bulletin contains figures on activity in all High, Sheriff, Justice of the Peace and criminal appeal courts with national trends as well as detailed figures for local courts in solemn and summary criminal business.

The 14th QCC bulletin shows that the remote jury centres established across Scotland enabled jury trials to operate at pre-pandemic levels. The introduction of an additional 16 trial courts from 6 September has seen a marked improvement in criminal throughput with a total of 24,152 cases concluded in all criminal courts in Q2 2021/22 – an increase of 48 per cent from the previous quarter.

Other highlights include:

• There were 21,081 first instance criminal cases registered in Scottish courts in Q2 2021/22 which is on a par with Q1 2021/22.
• The number of trials scheduled has stabilised at 42,554, when scheduled trials at the end of June 2021 are compared with those still to call as at the end of September 2021. This is clear evidence of the recovery programme halting the previous increase in outstanding trials.
• Evidence led trials rose by 22 per cent to 2,022 in Q2 2021/22 compared with Q1.
• In Q2 2021/22, domestic abuse cases accounted for 26 per cent of Sheriff Summary registrations; 34 per cent of Sheriff Summary trials called and 43 per cent of Sheriff Summary trials in which evidence was led.
• Domestic abuse scheduled trials decreased by 10 per cent to 6,889 between Q1 and Q2.

Commenting on the bulletin SCTS executive director court operations, David Fraser, said: “Our court buildings continue to operate in accordance with guidance from Public Health Scotland to safeguard our staff, judiciary and court users.

“Criminal first instance business is making strong progress due to the excellent collaboration across the judiciary, justice organisations, the legal profession and the third sector which has helped get court business back on track. This collaboration remains crucial during the recovery programme and the anticipated increase in case registrations.

“Early indications are that the additional 16 trial courts introduced on 6 September have stabilised the backlogs and further progress is anticipated in future quarters.”

Council of Europe ministers serve formal notice on Turkey in Kavala case

The Council of Europe has told Turkey it is going to refer the case of imprisoned philanthropist and activist Osman Kavala to the European Court of Human Rights (ECtHR).

Mr Kavala has been in jail in Turkey since November 2017, having been arrested, acquitted and re-arrested a number of times.

The Council of Europe’s Committee of Ministers has formally notified Turkey of its intention to refer Kavala v Turkey to the ECtHR asking whether the country has failed to fulfil its obligation to implement the court’s judgment in this case.

In December 2019, the European Court ruled that Mr Kavala’s detention took place in the absence of sufficient evidence that he had committed an offence. It found that his arrest and pre-trial detention pursued an ulterior purpose, namely to silence him and dissuade other human rights defenders, and that the time taken by the Turkish Constitutional Court to review his complaint was insufficiently “speedy”.

The European Court concluded that the Turkish government was to take every measure to put an end to the applicant’s detention and to secure his immediate release. The court’s judgment became final in May 2020, at which point the case passed to the Committee of Ministers to supervise the execution of the judgment.

In an interim resolution adopted yesterday, the committee recalled its eight previous decisions, and one previous interim resolution, strongly urging the Turkish authorities to, on the one hand, ensure the applicant’s immediate release and, on the other, to ensure the conclusion of the criminal proceedings against him on the basis of the European Court’s findings and without delay.

By failing to ensure the applicant’s immediate release, the committee considers that Turkey is refusing to abide by the court’s final judgment in this case.

The committee therefore notified Turkey of its intention to refer the issue to the court at its meeting on 2 February 2022, asking Turkey to submit its view by 19 January at the latest.

Under Article 46 of the European Convention on Human Rights, Council of Europe member states are obliged to implement judgments from the European Court of Human Rights.

Article 46.4 of the Convention gives the Committee of Ministers, which is responsible for supervising the execution of the court’s judgments, the possibility of referring to the Court the question of whether a state has failed to fulfil its obligation to implement a judgment.

Lawyers’ Christian Fellowship to host online Christmas event

All are welcome to an online Christmas celebration on 9 December, featuring carols and a message from Reverend Dr William Philip who led the action to re-open churches earlier this year.

Come and hear why the message of Christmas is so vital, at the Lawyers’ Christian Fellowship event.

Register here

Rights watch

A round-up of human rights stories from around the world.

Taliban still killing former Afghan government officers after promising amnesty: Human Rights Watch

The Taliban promised amnesty to those who'd served in the previous Afghan government when it swept to power. Human Rights Watch says that amnesty is being violated.

In Latest Assault on Dissent, Egypt Convicts a Human Rights Activist

Hossam Bahgat avoided a prison term, receiving a relatively modest fine, in a verdict that appeared designed to intimidate dissidents without risking international opprobrium.

Can Kishida Become Japan’s First Human Rights Prime Minister? – The Diplomat

Japan has rarely been keen to promote human rights and democracy overseas. That may change under Kishida and his new special adviser on human rights.

After J Street slammed Israel’s terrorism smear of Palestinian human rights groups, its Codel reportedly heard ‘secret evidence’ from Israeli officials – Mondoweiss

After condemning Israel’s designation of leading Palestinian human rights groups as “terrorist” in October, the liberal Israel lobby group J Street appears to have quietly respected Israel’s redlines on the matter.

Khurram Parvez: UN says it is ‘deeply concerned’ by India’s arrest of leading Kashmiri human rights defender | The Independent

India dismisses UN body’s allegations as baseless and unfounded.

Watchdog Blasts 'Relentless Persecution' Of Civil Society In Belarus

Amnesty International has reiterated its call on Belarusian authorities to immediately to release the dozens of human rights activists who have been arbitrarily detained since a disputed presidential election in August 2020, and put an end to their "relentless persecution" of civil society groups.

Top human rights body pulls anti-hate speech campaign after France protests hijab ‘promotion’ – POLITICO

‘Beauty is in diversity as freedom is in hijab,’ reads one slogan, which a French minister called ‘deeply shocking.’

‘Dramatic rise’ in reprisals against opposition MPs in ASEAN

Arrests of parliament members in Myanmar drive up number of detentions across ASEAN from one in 2020 to 91 in 2021.

Marco Rubio Met With Far-Right Chilean Candidate Tied to Military Dictatorship

José Antonio Kast’s father was in the Nazi army. Kast often speaks fondly of Chile’s former dictator Augusto Pinochet.

Australia to face pressure to use new Magnitsky-style laws against Myanmar and Chinese officials | Scott Morrison | The Guardian

MPs from across the political spectrum raise human rights in Xinjiang and Hong Kong crackdown as they sign off on powers.

When migrants go missing on the Atlantic route to Spain

Hamido had heard nothing from his wife and child in 10 days since they set sail from Western Sahara for the Canary Islands -- but then a boat was found with many dead onboard.

Quote of the day

The road of excess leads to the palace of wisdom.

William Blake

And finally… make or break

Police have busted a Lego trafficker who allegedly tried to resell up to $10,000 worth of merchandise shoplifted from a rival store.

Seattle Police Department dubbed their investigation "Operation: MandalOrganized Retail Theft" because many of the stolen sets were based on the Star Wars TV show The Mandalorian.

One thief, who has not been caught, is believed to have shoplifted $10,000 worth of Lego sets and electronics from an Amazon-owned store between July and September.

Police investigating the thefts say they spotted the shoplifter selling the items to the owner of another store, whose items seemed to match the stolen goods.

A sting operation in which undercover police tried to sell stolen goods to the store owner revealed that he knew he was buying stolen goods, police say.

Mark Steven Brady, 67, now faces one charge of trafficking in stolen property with a maximum penalty of 10 years' imprisonment and/or a $20,000 fine, NBC News reports.

Weekly appointments round-up

This week's appointments round-up

1. Promotions at Thompsons Solicitors Scotland
2. Musab Hemsi joins Anderson Strathern as director
3. Stronachs appoints chief operating officer
4. Morton Fraser appoints three new partners
5. Professor Derek Auchie joins Squaring Circles

In case you missed it...

The most read stories from this week

1. US organisation seeking unexplained wealth order for Donald Trump’s Scottish properties has petition refused by Outer House
2. Sir David Edward: Climate change – legal accountability is key
3. Sheriff Appeal Court grants order requiring schizophrenic man with kidney disease to allow dialysis
4. US lawsuit takes aim at trans inclusion in women’s prisons
5. Promotions at Thompsons Solicitors Scotland
6. Morton Fraser appoints three new partners
7. Court orders contempt of court hearing following SLCC petition to secure file
8. Crown Office employee who improperly accessed case records loses ET case
9. Gamekeeper fined for killing wild birds
10. John Laurence Dowdall

Latest from Scottish Financial News

• Johnston Carmichael expands with new London office
• Cabinet Office threatens KPMG with government contract bidding ban
• Azets appoints Richard Stephenson as director of ABAS department
• KPMG expects UK auditors back in offices four days a week
• abrdn launches Emerging Markets Sustainable Development Corporate Bond Fund
• M&G and Qmile Group secure two new office pre-lets at £350m Haymarket development
• FRC encouraged by reporting by applicants on stewardship
• FCA confirms new listing rules to boost growth and innovation on UK stock markets
• Scottish Government announces new winter heating benefit
• And finally... fit for a queen

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Latest Traineeships

Trainee Solicitor (full-time) – MacPhee & Partners

Position: Trainee Solicitor (full-time)

Where: Fort William

Start Date: Immediate

Due to continued growth, we have an exciting opportunity for a trainee to join our busy Firm – working within our Family Law and/or Conveyancing Departments.

This is a fantastic opportunity for someone looking for a varied and challenging traineeship, whilst offering an excellent work/life balance and genuine prospects for long-term career advancement.

You will be an individual who not only has strong academic credentials, but is committed to immersing themselves in the local community within which we operate. You will be highly personable, with the ability to build relationships with both colleagues and clients. You will be a dedicated individual who thrives on a challenge. You will be proactive and resourceful, with a positive attitude and flexible approach.

We will provide thorough and high quality training within a supportive environment. We will encourage and assist you to reach your full potential.

Main tasks:-

• Working alongside Partners/Associates/Paralegals
• Assisting with busy and varied caseloads from start to finish
• Providing support in drafting Court documents
• Legal Research
• Corresponding with clients and other solicitors
• Appearing in the Sheriff Court (when appropriate)
• Assisting in the promotion of the Firm/Department

Requirements:-

• Degree in Law (Scottish)
• Diploma in Professional Legal Practice
• Confident in using technology
• Experience working with Microsoft Office
• Strong communication and organisational skills
• Positive outlook and attitude

MacPhee & Partners is one of the largest legal and property firms in the Highlands and Islands, with modern and central offices in Fort William and Oban. We offer a wide range of legal and property services, combining traditional values with a forward-thinking and contemporary approach. Whilst the role is, principally, based in our Fort William office, there is a high degree of collaboration between both offices and regular travel to Oban will be required.

To apply for a traineeship with MacPhee & Partners, please forward a covering letter and CV to clairemacalpin@macphee.co.uk

Solicitor, Trainee Solicitor or Conveyancing Paralegal – Ferguson MacSween & Stewart

Are you looking for a change for the New Year?

We are a three office high street firm currently seeking a solicitor, trainee solicitor or conveyancing paralegal.   We are looking for an enthusiastic and hardworking candidate who has an interest in crofting and rural law or wants to learn more about this niche field. We have a high level of client contact from the outset and hands on experience of all aspects of a small rural practice.

Applications are welcome from anyone looking to work on either a full or part-time basis. Applications from candidates seeking to work remotely will also be considered.   You will also enjoy a high degree of autonomy and the successful candidate will be responsible for their own case load.

As we use a cloud based Case Management system, the ideal candidate must be computer literate and familiar with Microsoft Word and Outlook. A competitive salary commensurate with experience & skill level is offered.        

Please email your CV and covering letter to Sarah Farr, Staff Partner, Ferguson MacSween & Stewart, Solicitors, Bridge Road, Portree, Isle of Skye, IV51 9ER, at admin@fmslaw.co.uk by close of business on 24 December 2021.

Senator of the College of Justice – Judicial Appointments Board for Scotland

The Judicial Appointments Board for Scotland (JABS) invites applications from suitably qualified individuals who wish to be considered for appointment to the office of the Senator of the College of Justice.

This is a great opportunity to contribute to justice in Scotland. It is expected that successful applicants will take up post in May 2022.

During the current appointment round further vacancies may arise and the board may be asked to make further recommendations as a result.

The Office of Senator of the College of Justice Role Profile, provided by the Judicial Office for Scotland, provides applicants with information about the role. An Outer House judge is paid £192,679 per annum.

We encourage diversity and particularly welcome applications from groups currently under-represented in the judiciary. The principles of fair and open competition will apply and recommendation for appointment will be made solely on merit.

Further information can be found on our website.

Applications must be submitted by noon on Wednesday 12 January 2022.

Legal Members sought for Scotland’s First-tier Tribunal: Local Taxation Chamber – Judicial Appointments Board for Scotland

New Tribunal, New Opportunities to build your legal career

The Judicial Appointments Board for Scotland (JABS) invites applications from suitably qualified individuals who wish to be considered for appointment as a Legal Member of the new Chamber which, subject to regulations, will be called the Local Taxation Chamber of the First-tier Tribunal for Scotland.

The Board is seeking Legal Members across Scotland. The posts are paid on a daily fee basis of £387.21 with around 15 days per year commitment forecast.

This is an opportunity to play a key role in society supporting fair justice in Scotland.

The Chamber will consider appeals relating to a number of elements of local taxation including: property valuation, calculation of council tax liabilities and reductions thereof, and local taxation related civil penalty decisions.

We encourage diversity and welcome applications from people of all communities and backgrounds. Eligible practitioners from all sectors are welcome to apply. The principles of fair and open competition will apply and recommendation for appointment will be made solely on merit.

Further information can be found within the Guidance Note and Role Profile on https://www.judicialappointments.scot/vacancies .

Applications must be submitted by 12.00 (midday), Thursday 6 January 2022

Board Vacancies – C~urb 6 Ltd

Link’s newest partner, C~urb 6 Ltd (trading as C~urb) will harness the group’s highly successful development, management and maintenance activities to deliver commercial success while creating sustainable communities.

C~urb’s ambitions are set within the context of Link’s vision ‘to be a leader in the ongoing development of sustainable communities across Scotland’.

Link is a group of seven award winning social enterprise companies which provide a wide range of services in 32 local authority areas in Scotland. We have over 15,000 customers – making us one of the largest social landlords in Scotland and have ambitious plans to make more of our services available to people who need them most.

We are looking to add to the range of skills and experience on the C~urb Board, which will provide high levels of governance and assurance to support a range of property related activities undertaken, including:

• Delivering more than 3,000 new affordable homes across Scotland in the next 5 years, with new commercial ventures to further enhance communities. C~urb Property Development will focus on the delivery of net zero homes and emerging markets to extend its reach.
• Maintaining and improving Link’s existing portfolio of affordable homes using an established in-house contracting team. Property Maintenance will deliver more than £15Million of investment in tenant’s homes this year alone, while continuing to keep homes safe and compliant through ongoing maintenance and servicing.
• Providing a range of contracted services including Private Sector Leasing, Administration of Shared Equity schemes and managing Link’s Factoring and Mid Market Rent portfolios. C~urb Property Management is Scotland’s leading service supplier in temporary accommodation in partnership with The City of Edinburgh Council and the Scottish Government’s sole agent in managing the Open Market Shared Equity scheme and Aftersales service throughout Scotland.

What’s in it for you?

You’ll be presented with interesting, and at times complex issues to consider and your strategic advice will help navigate a path to growth and building success, while staying true to Link’s values.

You’ll be working with like-minded, experienced and committed colleagues to achieve our plans whilst keeping people at the heart of everything we do. As a board member of one of Scotland’s most successful social enterprises, you will gain a valuable insight of the Scottish property market and the services we provide to underpin high levels of customer satisfaction, while also delivering profit for reinvestment in Link’s social and sustainable aims.

Our board members volunteer their time to prepare for and attend regular meetings, training and information events. Reasonable expenses are reimbursed.    

Who are we looking for?

We want to work with people who share our determination to help others and support the development of our newest business and its sustainable goals. We are keen to hear from people who have professional experience of services like those we offer, or who can bring new thinking to our approach. It is vital our boards reflect our diverse population and we welcome interest from all sectors of our communities.

Areas of knowledge, skills and experience we are looking for include backgrounds in: 

• Legal and Professional Construction/Property Investment/Management  
• Property Development
• Property Maintenance
• Property Management

What are the next steps?

If you have any questions or you would like to discuss this opportunity, please contact a member of the Governance and Assurance Team on governance@linkhaltd.co.uk.

Closing date for Expressions of Interest is Wednesday 15 December 2021 at midnight.

Property Solicitor – Harper Macleod LLP

Would you like to be part of one of the leading Public Sector and Housing teams in the country?

At Harper Macleod you’ll be part of a collective effort that is never satisfied: celebrating the successes, sharing the stresses and inspiring one another to always improve. You want to deliver extraordinary results for your clients. We want to deliver extraordinary opportunities for you, and encourage you to make a difference.

Your role

You will bring your property and conveyancing experience to an award-winning team that acts for a wide range of Scottish and UK public and third sector organisations, as well as those in the private sector who interact with the public sector. 

Your clients will include central government directorates, local authorities, non-departmental public bodies, regulatory bodies, housing associations and charities as well as private sector property developers and investors.  

A large part of the team's workload involves supporting these clients in relation to their diverse property requirements which include: development site acquisitions and assembly; commercial leases; deeds of conditions for mixed tenure developments; shared equity and shared ownership; large-scale security exercises; property due diligence reports; secured grant funding; property factoring; and ad hoc queries.

If you take pride in adding value to your clients, by providing a responsive expert technical service but also being able to provide services in a way which demonstrates understanding of the particular environment within which each client operates, you will fit right in.

You must have experience of conveyancing, be a self-starter capable of dealing with a wide variety of queries and be able to work confidently in a fast moving environment. Experience of working with public sector or social housing organisations is an advantage, but not essential.

Let your ambitions and ours go hand in hand

Harper Macleod’s culture is the sum of the actions of the people who make up our business – it’s built around taking calculated risks and pushing for innovative solutions.

You know that doing things the right way is always the best way – the right things for clients, colleagues and our communities. We will never compromise on this.

We also embrace flexibility – including when and where our people work.

We are a business that has been named Law Firm of the Year eight times and ranked in The Times Scotland Best Law Firms 2022. We offer a competitive salary and benefits package, an active colleague engagement & CSR programme and the opportunity to develop your career.

We believe the best is yet to come for Harper Macleod. If this sounds like the type of firm you’d like to be part of, maybe the best is yet to come for you?

To apply please send your CV to Kirsty Hunter, HR Manager.

kirsty.hunter@harpermacleod.co.uk

Harper Macleod LLP is committed to promoting equal opportunities and developing a diverse workforce.

www.harpermacleod.co.uk

Senior Solicitor – Queens Lord & Lord Treasurer’s Remembrancer   

Profession

Legal

Location

Edinburgh

Victoria Quay

Although Edinburgh would be considered the home office, remote working will also be available and considered for day-to-day working.

Contract terms

12 month fixed-term contract with possibility of extension or permanency.

Full Time - there is scope for flexibility and part-time working will also be considered.

Salary

Starting salary would be £52,055 with the maximum salary on this scale being £61,617 subject to future COPFS pay awards.

Benefits:

We offer an excellent range of benefits which include:

• Generous Civil Service Pension employer contribution, on average over 26% of your pay.
• 25 days paid holiday + 11.5 public and privilege holidays (rising to 30 days paid holiday after 4 years).
• Flexible working hours and family friendly approach to work.
• Cycle to Work Scheme and Season Ticket Loans.
• Employee Wellbeing Support with Mental Health First Aiders and access to an Employee Assistance Programme.

Closing Date

13 December 2021 at 5pm

About COPFS

The QLTR is a distinct civil law unit within the COPFS organisation.

The Crown Office and Procurator Fiscal Service is responsible for the investigation and prosecution of all crime in Scotland; the investigation of deaths which require further explanation; and the investigation of complaints against the police.

About the Role

Are you interested in gaining experience in one of Scotland’s most unique legal teams?

We are the department of the Queen’s and Lord Treasurer’s Remembrancer (QLTR), the Crown’s representative in Scotland who deals with ownerless property. We deal with the property and assets of dissolved companies, the property of individuals who die without heirs, and we advise the Treasure Trove Unit.

We deal with an interesting variety of work. For example, dealing with the Crown’s interest in land, buildings, moveables (e.g. whisky casks), abandoned funds and more – even some sheep! You can expect to deal with an interesting variety of work in a supportive environment.

We all work very collaboratively, and you will be working closely with our Head of Casework, and the rest of our compact team of 8, on our casework.

You will work as a senior solicitor in the team. You will have existing experience of dealing with legal property work and you will provide support to the junior solicitor in the team, and administrative staff.

Property law experience is essential and we will of course provide training. You will also be supported by our outsourced firm of solicitors in dealing with our work.

Applicants may come from a wide variety of legal backgrounds and experiences. For example, this post could suit a solicitor seeking to join the Civil Service to broaden their career experience, whilst utilising legal skills gained in their career to date.

Essential Criteria Required

The competencies included in the application pack form the key essential criteria for this role however candidates will also be expected to demonstrate:

• Experience of working as a solicitor or advocate
• Experience of property law and practice in Scotland (e.g. transactional or litigation work)
• Strong written and verbal communication skills
• Candidates must be a solicitor or advocate qualified to practice in Scotland and hold a valid unrestricted practicing certificate.

Contact Us

If you have any queries please email Recruitment@copfs.gov.uk.

Additional Information

Application packs are available to download from our website http://www.copfs.gov.uk/careers.

Please note that we do not accept CVs. 

Selection will be competency based.

We are an Equal Opportunities Employer.

Crown Office and Procurator Fiscal Service (COPFS) has ongoing measures and guidance in its response to Covid-19 (Coronavirus), and would like to advise applicants that a decision has been taken that all interviews and any other discussions in the process must be conducted in a virtual/remote setting.

In order to facilitate this way of working, COPFS asks all applicants to ensure that they have a suitable space to participate in the virtual interview and discussions as well as access to a personal device of choice by which you can undertake the interview/assessment if selected. Please ensure that your personal Wi-Fi/Broadband capacity will be sufficient to carry both audio and video.

Please note that COPFS has exemptions from the Rehabilitation of Offenders Act (1974).

COPFS must also adhere to strict Civil Service and Cabinet Office Baseline Personnel Security Standards regarding nationality, identity and history verification rules.

Conveyancing Solicitor – Stewart Watt & Co.

We are a small family run practice who deal primarily in Property & Private Client work with offices in Edinburgh and West Calder.

We are looking to hire an experienced Conveyancing Solicitor to look after all our Property clients. The successful candidate will be adept in all types of domestic conveyancing matters, have excellent interpersonal skills and commercial awareness. Some commercial property experience would be beneficial but not essential.

Very much a career move rather than just a job, there will be significant opportunity for advancement for the right candidate. The role offers excellent prospects for personal & business development, as well as, growing your own client base. You will have a significant degree of autonomy and expected to fully manage your own case load and help develop the Firm’s property services.

We offer a very friendly, relaxed, working environment with a competitive salary and holiday package. Whilst the candidate will be required to attend both our offices, we would consider flexible and/or hybrid working.

To apply, please send your CV and covering letter, including your preferred working pattern and salary expectations to: zara@stewartwatt.co.uk

Senior Manager (Legal Services) – North Ayrshire Council

LOCATION: Cunninghame House, Friars Croft, Irvine, KA12 8EE

SALARY: £57,988.98 - £61,515.09 per year

CONTRACT TYPE: Permanent

POSITION TYPE: Full Time

HOURS: 35 hours per week

WORK FROM HOME: Hybrid

During Covid-19, we are taking the opportunity to work in different ways and this includes how we continue to undertake our interviews. We are using Microsoft Teams to progress with interviews virtually and all you need is a device with a camera and access to the internet. We will provide guidance and instructions on how to use this method if your interview is being held virtually.

The Council is looking to appoint a Senior Manager to lead the Legal and Licensing Service and ensure delivery of an efficient and responsive service focussed on achieving the Council’s priorities, serving its communities and fulfilling its statutory obligations. We are looking for someone to lead, motivate and inspire the teams within Legal and Licensing to deliver innovative service for the future.

For more details see the attached Role Profile below.

Before you apply, find out a little bit about us and why we are a Great Place to Work.

Staff Values & Behaviours

North Ayrshire Council uses behavioural based approach throughout the recruitment process. Our staff values of Focus, Passion & Inspiration will be explored for this vacancy.

Further information on our Staff Values how to complete behaviour based application form questions is available on the Council’s website.

Additional Information

For your information if this post requires references you will be notified of further details if you are successful in gaining an interview. Not providing relevant references when requested may delay the outcome of the interview process.

Please note that this post is politically restricted, requires a Register of Interest and a Standard Disclosure Check.

Standard Disclosure

Preferred candidates will be required to undergo a Standard Disclosure check, prior to a formal offer of employment being made by North Ayrshire Council. Please note: Successful candidates will be expected to meet the cost of the Standard Disclosure Check of £25 which will be deducted from your wages following the commencement of employment. For further information on the Disclosure Scheme please visit https://www.mygov.scot/organisations/disclosure-scotland/. For further details on North Ayrshire Council’s policy please visit http://www.north-ayrshire.gov.uk/resident/jobs-and-training/pre-employment-checks.aspx.

Our Workstyles

As an employer of choice, North Ayrshire Council has identified four different Workstyles. Each post in the council has been allocated one of these styles:

Agile – 100% of time spent working agile (flexibly) and interacting with others. Able to work at home, office or multiple locations. May be required to attend office on set days/rota basis as the role requires.

This post has been allocated the workstyle: Agile

More information on our workstyles can be found in our HR Guide: Workstyles. If you have any questions on the allocated Workstyle for this post, please ask at interview.

Closing date: 7 December 2021.

https://www.myjobscotland.gov.uk/councils/north-ayrshire-council/jobs/senior-manager-legal-services-247282

Commercial Life Sciences Associate – CMS

Excellent opportunity for a commercial life sciences lawyer to join our Tier 1 ranked practice.

About the Role

Our Life Sciences/TMT groups have an opportunity for an industry-focused commercial lawyer to join our prestigious technology team and top-ranked sector group of over 80 life sciences specialists in the UK and 300 globally.  

The technology team operates as a seamless unit between the firm's offices in London, Bristol, Sheffield, Edinburgh and Glasgow, advising on a broad range of matters for clients ranging from large blue chip organisations to smaller commercial entities (including start ups and spin outs, universities and charities). This role will be based in Scotland and will be working primarily with the friendly and collaborative Scottish based lifesciences team.

The technology team advises across a number of sectors and this lawyer’s focus would be life sciences, advising clients at every stage of the product life cycle, from intellectual property issues, collaboration arrangements, commercialisation and supply chain and life cycle management. 

About You

- Knowledge of, and/or experience in, the life sciences sector
- Knowledge of IP, IT, technology and data protection issues in addition to having developed strong general commercial expertise
- Understanding of the life sciences regulatory regime would be helpful but is not essential
- Experience and confidence in dealing directly with clients

To apply, please follow the link - Commercial Life Sciences Associate - Scotland - CMS Careers (cms-cmno.com)

Private Client Solicitor – Fergusson Law

Do you hate time recording?  

Do you feel embarrassed when clients query how their bills were calculated?

Would you like to work in a firm where:-

-       All work is carried out at a fixed price, agreed in advance

-       You look after your own clients and get lots of client contact

-       You are not expected to work outside normal hours

-       Your ideas and suggestions are taken seriously

Fergusson Law has a vacancy for a private client solicitor, primarily to deal with Wills, Powers of Attorney and deceased’s estates. We are looking for someone with an aptitude for numbers and basic knowledge of IHT, CGT and IT principles relevant to private client work, but we are willing to provide training to the right candidate.

Our business is driven by customer service, not by profit.  We find profit follows from satisfied clients, and a large part of our work comes from onward referrals.

We are a small firm, with a friendly, flexible approach in the office, and have a blend of office/home working, where everyone can choose to work from home up to two days a week.

Our light, airy ground floor office is in the Edinburgh New Town, handy for public transport and shops.   

Interested? Give Janice Nisbet, Principal,  a call on 0131 556 4044 [Key 1] for an informal chat.

Litigation Assistant, Liability – Kennedys

Associate/Senior Associate, Professional Liability, 2+ years' experience – Kennedys

Senior Solicitor (Commercial) – City of Edinburgh Council

Senior Solicitor (Commercial)

Waverley Court, Edinburgh EH8 8BG

Salary: £44,934 to £53,781

Hours: 36 per week

You will ideally have 4+ years of post-qualified experience in commercial law and be able to demonstrate a sound understanding of a wide range of complex commercial law matters.

This will include the provision of complex advisory work to senior management, ideally with a wide range of experience of major projects, complex commercial contracts (e.g. development agreements), procurement, state aid/state subsidy, public law, data protection, freedom of information, governance, RIPSA, corporate law, construction law and housing law. Applicants will be expected to draw upon professional and commercial acumen to provide tailored legal and business solutions.

The applicant should have a positive attitude, a willingness to learn and the desire and ability to work collectively and become a key team member. The workload will be varied, challenging and interesting. You will be supported in a collegiate environment and encouraged to develop a full range of legal and other skills to advance your career with us.

The Commercial Law team currently consists of the Principal Solicitor, one Senior Solicitor, a Solicitor and a Trainee Solicitor.

The team provides critical advice to the organisation across a wide range of matters. The Council has 19,000 employees and has exciting and ambitious projects to ensure that Edinburgh is a forward-looking and sustainable capital city. You will have a key role to play in achieving the Council’s objectives.

The position advertised is a full-time position, working 36 hours per week. The position provides excellent benefits including access to the relevant local government pension scheme.

A standard Disclosure Scotland check will be required for the successful candidate, prior to commencement of the post.

We are committed to creating a workplace culture where all our people feel valued, included and able to be their best at work, and we recognise the benefits that a diverse workforce with different values, beliefs, experience, and backgrounds brings to us as an organisation.

Applications can be submitted online on the myjobscotland website at the following link:

Senior Solicitor (Commercial) - | City of Edinburgh Council | myjobscotland

Solicitor (Employment) – City of Edinburgh Council

Waverley Court, Edinburgh EH8 8BG

Salary: £37,589 - £44,934

Hours: 36 per week

You will ideally have 1 – 2 years of post-qualified experience in employment law and be able to demonstrate a sound understanding of a wide range of employment law matters.

This will include the provision of complex advisory work to HR professionals and management, ideally with some experience of contentious employment tribunal work and advocacy. Applicants will be expected to draw upon professional and commercial acumen to provide tailored legal and business solutions.

The applicant should have a positive attitude, a willingness to learn and the desire and ability to work collectively and become a key team member. The workload will be varied, challenging and interesting. You will be supported in a collegiate environment and encouraged to develop a full range of legal and other skills to advance your career with us.

The Employment team currently consists of the Principal Solicitor and four Senior Solicitors.

The team provides critical advice to the organisation across a wide range of matters. The Council has 19,000 employees and has exciting and ambitious projects to ensure that Edinburgh is a forward-looking and sustainable capital city. You will have a key role to play in achieving the Council’s objectives.

The position advertised is a full-time position, working 36 hours per week. The position provides excellent benefits including access to the relevant local government pension scheme.

Our salary range typically reflects the initial starting salary and annually increases until it reaches the top of the range.  For roles in grade 5 or above, annual increments in our contribution zones are dependent on achieving agreed performance goals.

A standard Disclosure Scotland check will be required for the successful candidate, prior to commencement of the post.

We are committed to creating a workplace culture where all our people feel valued, included and able to be their best at work, and we recognise the benefits that a diverse workforce with different values, beliefs, experience, and backgrounds brings to us as an organisation.

Applications can be submitted online on the myjobscotland website at the following link:

Solicitor (Employment) - | City of Edinburgh Council | myjobscotland

Full Time Solicitor – Dundee Law Centre

Dundee Law Centre are ardent promoters of access to justice across the city. Our aim is to ensure everyone in Dundee facing social welfare challenges and inequality understands their legal rights and has access to professional legal services.

Alongside our legal aid casework, the Law Centre is part funded by Dundee City Council to provide a range of   community outreach, legal advice, and representation services. Dundee Community Law Limited is a Limited Liability Partnership and a Practice Unit licensed by the Law Society of Scotland. Our solicitors are regulated by the Law Society of Scotland, and we provide legal services to the charity Dundee Law Centre.

We strive to tackle poverty and help people to exercise their legal rights. We are dedicated to improving the quality of life for people by representation through the legal process. Our solicitors work alongside community-based advice agencies, providing them with legal support to help their clients.

Our services are very much in demand, and we are expanding our team as a result. This solicitor will be responsible for taking on and managing a varied caseload to meet the Law Centre’s contractual and performance targets. We are particularly looking for solicitors who are interested in social welfare law and have experience of working with vulnerable clients. However, this role would suit candidates who are seeking a change in direction, and who what to make a real difference by using their legal knowledge and experience. Candidates must also be able to maintain excellent working relationships with a dedicated support administrative team.

Skills Required:

You will have the ability, and confidence to manage a caseload mainly comprising of housing law (repossession, homelessness, eviction, domestic abuse in housing – not criminal work - and disrepair), welfare benefits and debt work. Previous experience of social welfare law is preferred but not necessary as full training can be provided. A desire to make a difference and a passion for helping people to understand their legal rights is vital in this role. The successful candidate will be working with other experienced solicitors who are keen to support their new colleague.

You will be experienced in Scottish Legal Aid and its required quality assurance framework.

You will understand the needs of vulnerable and complex clients and be able to communicate legal concepts clearly and in plain English.

You will be a confident court practitioner with excellent technical skills, and the ability to focus these where you can make the biggest difference. This is a varied and exciting opportunity to work with a dedicated team and do something that really matters.

You will have a minimum of 2 years post qualifying experience and a full current practicing certificate from the Law Society of Scotland. The ability to drive and having your own car will be useful in the role although not essential.

Benefits:

33 days to include 8 days fixed public holidays

Company Pension

Salary: £33,000 annual

Dundee Law Centre is committed to offering equal opportunities to all persons and that all employees have a duty to promote and comply with our equal opportunities policy.

Send Cover letter and CV to recruitsol@dundeelaw.org

Applications close: 20 December 2021

Rural solicitor — Inverness – Ledingham Chalmers

Described in the latest Legal 500 rankings as approachable, exceptional, practical and pragmatic, our rural team works across the farming, forestry, fisheries and food sectors, with a focus on resilience and building a sustainable future.

This role, based in our Inverness office, will involve working on purchases and sale of rural property as well as security work, agricultural tenancy work, crofting and advising farming businesses.

If successful, you'll have your own busy caseload and you'll also work alongside partners in large and complex transactions.

It's likely our ideal candidate will have been qualified for at least two to five years, but we're looking for someone who's the right fit for our team so will consider applicants with different levels of experience.

Ideally too you'd have prior experience of rural property work, but we'd also welcome applications from people who have a background in commercial and residential property.

You'll also be able to demonstrate —

• Excellent attention to detail
• Good communication, time management and organisational skills
• Ability to work under your own initiative
• A first-rate client track record

There are excellent prospects for personal development, as well for business development and growing your own client base. The role also comes with a competitive remuneration and holiday package.

While based in Inverness, we'd consider candidates who could spend time working from any of our offices, including our Aberdeen headquarters. We would also welcome applications for hybrid working.

Interested?

Please send your CV with a covering letter to Nan McPherson, human resources advisor, by Friday, 17 December.

Solicitor – SPT

Job Ref:                          LS02

Grade:                            E/F

Salary:                           £39,216 - £50,704 per annum

                                     (Salary placement dependent upon experience)                                              

Location:                      Glasgow

About SPT

Strathclyde Partnership for Transport (SPT) is the largest of Scotland’s seven regional transport partnerships. We run the Glasgow Subway, a host of specialist bus services and are responsible for delivering better public transport for all.

About the Role

We have an exciting opportunity for a second qualified Solicitor to join our busy Legal and Property Services team. From the outset, you will have contact with all departments including senior managers, the Strategy Team and external stakeholders and shall contribute to the delivery of an effective and efficient legal service across the organisation.

You will be responsible for drafting and advising on commercial contracts including the NEC suite, commercial property transactions, providing support on Data Protection and Freedom of Information matters, liaising with our insurers on claims and litigation, advising on all matters relating to public administration and liaising with external advisers as required. Opportunities may also arise to draft and advise on information technology and intellectual property matters, including copyright and patents and to participate in advising on large and complex infrastructure projects,

About You

The successful candidate will be a qualified Solicitor with a current unrestricted practicing certificate.   You will be an exceptional legal adviser with a collaborative and imaginative approach to problem solving, combined with a very strong customer service ethic.   You will be an excellent communicator, able to explain both orally and in writing, complex concepts clearly, and able to tailor your legal advice to clients with different needs and experience.

An adaptable and flexible individual, able to deal with shifting priorities and willing to build new experience in a wide variety of areas of law by picking up new matters out-with your own sphere of experience.

A team player who must be able to build trust and understanding quickly and have a track record of delivering on time, every time. We serve the client departments, and they rely on us to deliver timely, commercially-focused advice and assistance, against the background of our obligations and responsibilities as a public sector body.

What we can offer you…

• Commitment to your ongoing learning and development to support career progression
• 32 days Annual and Public Holiday Entitlement
• Membership of the Local Government Pension Scheme – SPT contribute 19.3% of your annualised pay
• Group Life Assurance Cover
• Employee Travel Pass Scheme – a Subway Smartcard to travel on the Glasgow Subway for free
• Discounted Season Rail Tickets – maximum of £300 towards the cost of an annual rail ticket
• Cycle to Work Scheme, Flexible Working Opportunities, Childcare Vouchers, Employee Assistance Programme, Long Service Awards, Credit Union

Full time hours will be 35 hours per week Monday to Friday. Applications for part time or flexible working will be considered. You may though be required to undertake work out-with contracted hours to meet the responsibilities of the post.

You will be based at 131 St Vincent Street, Glasgow.

How to Apply?

To apply, please go to SPT careers at https://www.spt.co.uk/spt-across-the-region/about-spt/our-team/careers/current-vacancies/

Closing date for applications will be midnight on Sunday 5 December 2021.   

SPT is an Equal Opportunities company welcoming applications from a diverse background.   If you’ve got the right skills for the job we want to hear from you.   SPT encourage applications from the right candidates regardless of age, disability, gender identity, sexual orientation, religion, belief or race.

For applicants with special requirements, or if you have any questions please email recruitment@spt.co.uk  quoting the above reference.

Executry Paralegal – Balfour and Manson

We currently have a vacancy for a paralegal to join our friendly executry team.

The ideal candidate will have a positive, enthusiastic approach and already be an experienced executry paralegal.

You will have a significant degree of autonomy as well as your own case load. The main duties of the post will be to deal with all aspects of executry administration to include investigating the extent of the estate, preparing the Confirmation application and Inheritance Tax return, preparing the executry account and dealing with related tax matters. These duties will be carried out under the supervision of one of our partners.

If you are interested in this vacancy, please send a covering letter and a copy of your CV to HR Director, Margaret Peet (margaret.peet@balfour-manson.co.uk) by the closing date of Friday 3 December 2021.

Conveyancing Assistant Solicitor – Duffy Toshner & Company

Well established firm in Cambuslang seeks an Assistant Solicitor experienced in both Residential and Commercial Conveyancing. (Minimum 2 + years qualified).

The successful candidate should be highly organised with the ability to cope with multiple responsibilities within tight timescales and possess excellent written and verbal communication skills.

Competitive salary and opportunity for advancement.

To apply please send your CV and covering letter to pauline@duffytoshner.co.uk

Grade 7 Employment Lawyers – Government Legal Department

Grade 7 Employment Lawyers
Government Legal Department
Salary: £50,500 - £61,000 (London) Or £48,985 - £58,000 (National)
Location: London, Bristol or Leeds

Use your talent to shape the UK’s future

Who we are

The Government Legal Department (GLD) is the largest provider of legal services across government. We work with all the main Whitehall Departments and our work touches on nearly all aspects of public life, from roads and rivers to health and human rights.

The department has more than 14 client-facing advisory teams who provide legal advice on the development, design and implementation of government policies and decisions, draft secondary legislation, and work with Parliamentary Counsel on primary legislation.  Our expert service groups for Litigation, Employment and Commercial Law provide specialist legal services to a wide range of government departments and public bodies.

GLD’s Employment Group provides employment litigation and advisory services to central government, with a client base of over 55 government departments and other public bodies.

We’re recruiting up to 12 Employment Lawyers where you’ll have the opportunity to work on high-profile litigation, to advise at the heart of government on effective employment practice and to join a Division which has a supportive and collaborative culture, putting diversity and inclusion at the heart of all it does.

The role

GLD’s Employment Group is one of the largest employment law teams in the UK, comprising over 170 lawyers and administrators, currently divided between 8 teams. The teams’ work falls into the following main areas:

• HR advice and litigation including on individual cases, on collective and strategic HR issues such as departmental restructuring and on major departmental policy issues such as departmental and agency reforms
• Conduct of large scale multi-party litigation including that involving pensions and equal pay.4
• Advice to Cabinet Office and HM Treasury on overarching Civil Service employment issues.
• Transactional employment work (insourcing and outsourcing contracts involving staff transfers)

The majority of our litigation work is in the Employment Tribunal although we also handle appeals to the Employment Appeal Tribunal, the Court of Appeal, the Supreme Court and relevant claims in the High Court.

The Employment Group is often involved in the leading employment law cases of the day.

Recent examples in the Supreme Court include ‘Gilham v Ministry of Justice’ on whistleblowing protections and O’Brien v Ministry of Justice on part time workers discrimination and in the Court of Appeal McCloud v Ministry of Justice on age discrimination, McNeil v HMRC on equal pay and Heskett v Secretary of State for Justice on indirect discrimination.

Our people are supported by excellent knowledge management, a rich training programme and a supportive culture of leadership and management at all levels of the organisation.

About you

A qualified Solicitor, Barrister or Chartered Legal Executive with license to practice in England and Wales, you’ll have a sound understanding of public law, reliable legal judgement and a sound appreciation of legal risk. You will be able to think strategically and creatively, see legal issues in their wider context and produce timely and fit for purpose advice. As a strong communicator, you’ll be able to make effective decisions, manage conflicting pressures and work to challenging deadlines. Ideally you will have experience of working on an Inquiry or similar inquisitorial process, though this is not essential for the role provided you have a good understanding of the role of lawyers in government.

This role requires candidates to obtain an SC clearance before joining. You must have lived in the UK continuously for the last 5 years in order to clear the SC level checks, therefore, applications from candidates who haven’t lived in the UK continuously for that period will not be considered.

Recruitment pack

For more information or to apply, click the 'APPLY' button.

Appointment of Board Members – Scottish Charity Regulator

Ranging from local village halls to Colleges and Universities, the Scottish charity sector is as diverse as the country itself.  If you would like to play a key part in this exciting area of Scottish life, and to help build a trusted and respected Scottish charity sector which positively contributes to society and the national outcomes, then come and join our Board. Due to upcoming retirements, and as part of effective succession planning, Scottish Ministers wish to appoint up to five members to the Board of the Scottish Charity Regulator (OSCR).  As a board member you will help us to hold charities in Scotland to account, and enable the charity sector to improve so that the public have trust and confidence in charities.  

OSCR is Scotland’s Charity regulator and registrar for Scotland’s 25,000 charities. We are a Non Ministerial Office (NMO) part of the Scottish Administration, working alongside but separate from the Scottish Government. We are accountable to the Scottish Parliament.  We believe that the Scottish public should have faith that the country's 25,000 charities are well run, and building public confidence will allow these vital organisations to thrive and cement their place at the heart of our day to day life. We also know how challenging the last year has been for the charity sector, and we want to support their recovery where we can.

The OSCR Board sets the strategic direction and ensures that activities focus on the delivery of key priorities. The Board also sets the overall vision for OSCR and works with the Chief Executive to monitor performance. 

We are looking for up to five new Board members. We welcome interest from individuals who may not have had previous Board experience, but who have the potential to contribute, who wish to develop their skills in this area and are willing to learn.   

For three out of the five new members we are seeking someone with at least one of the following priority skills and experience:

1. Current or recent experience as a practising Scottish lawyer
2. Current or recent experience as a practising accountant/finance professional (experience of Chairing an ARAC desirable)
3. Understanding of regulation at a senior level in any sector

All candidates should have the following essential core skills and qualities:

• Ability to work in a team
• Ability to ensure effective governance through constructive challenge and influence
• Good communication skills
• Ability to analyse and review complex issues

Appointments are based on meeting the skills required and these are described in more detail in the application pack.

Appointment details:  We anticipate that these appointments will commence on 1 April 2022, however there may be scope for appointments to commence later than that. Appointments will be for a period of up to four years, with the possibility of re-appointment subject to evidence of effective performance and satisfying the skills, knowledge and personal qualities required at the time of re-appointment. Start dates and appointment length will be discussed with the successful candidates.

Time Commitment:  The formal time commitment is up to 2 days per month which includes attending approximately 6 board meetings and 2 strategy days per year, as well as either our Audit Risk and Assurance Committee or Casework Committee. 

Location:  Meetings were historically held alternately in Dundee and other locations as appropriate however due to the recent pandemic all meetings are being held remotely.

Remuneration:  £210 per day. Travel, subsistence, and reasonable dependent carer allowance incurred as a result of carrying out the duties associated with this appointment will be reimbursed. This is non-pensionable.

Should you wish to enquire whether you have a possible conflict of interest or wish more information on OSCR please contact Maureen Mallon, OSCR Chief Executive via email Maureen.Mallon@oscr.org.uk or telephone 01382 220446.

Closing date for applications is Friday 3 December 2021 at Midnight.

An application pack and full details on this appointment can be found via this link on the Public Appointments Website.  

If you experience any difficulties accessing the website, please contact the Public Appointments Team on Freephone 0300 244 1898, by email at Public.appointments@gov.scot.

We would welcome applications from anyone who believes they could make a strong contribution although we are also seeking to broaden the diversity of the Board including the breadth of its geographical involvement, gender balance and engagement of other groups currently under-represented on Scotland’s public bodies, such as disabled people, those from black and minority ethnic communities and people under 50.

Appointed on merit; committed to diversity and equality.

Solicitor - Catastrophic Injury Team (At least 2 years’ PQE) – Digby Brown Solicitors

Full-time, Permanent

Glasgow

Due to ongoing growth within the business, an opportunity has arisen for a client-focused litigator to join our Catastrophic Injury Team in the Glasgow office.

This post will suit a qualified lawyer who has at least 2 years PQE, strong litigation skills, and some experience in civil litigation. Alternatively, you may have had commercial training/experience and be seeking an opportunity to move to an area of law where you can make a difference to clients and know that you are doing work that really matters.

The successful candidate will have a keen eye for detail, the ability to act on their own initiative and a strong desire to assist others, displaying an empathetic and proactive approach in dealing with clients.

Digby Brown has been one of the success stories of the Scottish legal sector in the past decade – we now operate in seven regional areas across Scotland, having tripled in size in the last nine years.

We are the only firm top ranked by Chambers and Legal 500 for personal injury work, which has been the case now for 15 years running. The Firm has also been voted Scottish Law Firm of the Year in three out of the last six years.

We have developed a reputation as a formidable court firm, focused on quality service for our clients and expertise in our people. We work in a distinctive way – what we do works and makes a difference in people’s lives.

Digby Brown is committed to being an employer of choice, which is evidenced by our competitive salary and benefits package, as well as the opportunities we provide for further development – a total of 14 of our 25 Partners joined us as NQs or Trainees.

To support the quality of service we provide to our clients, and our people’s personal development, we have innovated together and built a brand new, cutting edge, digital client case management system. We have focused on providing modern digital solutions and unique case workflow to our employees and we will continue to adapt this technology in line with our firm values.

In addition, the events of the past year surrounding the Coronavirus pandemic have enabled us to implement a more flexible working approach moving forward, which we are calling Hybrid Working. This will enable our people to split their working time between their homes and the office, on a pre-agreed number of days per week, in line with the needs of their department.

This is a wonderful opportunity to join one of our specialist teams and develop your skills in a very challenging area of PI law.

If you would like to apply for this post, please send your CV and covering letter to David Hendrie, by e-mail at recruit@digbybrown.co.uk by Thursday 21 October 2021. 

Turcan Connell | Carbon Seminar Series : The Evolution of the UK carbon market Sponsored post

Turcan Connell are hosting a series of short virtual seminars covering the legal (and other) implications of the evolving market for trading carbon in the UK. These free online seminars will be hosted via Zoom – sign up details below.  

Thursday 9th December - 10am to 11am

The Evolving Carbon Market - are the UK Carbon Standards fit for purpose in a commercial market?

UK off-sets for UK pollution?

Featuring Dr Vicky West, the UK Woodland Carbon Code Manager.

For more information on the seminars and to register your place, please click here.

Introduction to Environmental Law in Scotland | Law Society of Scotland Sponsored post

14 December | Live Online | 1.5 hours' CPD

Join our speaker Chala McKenna, Senior Solicitor at Davidson Chalmers Stewart, for our Introduction to Environmental Law in Scotland Seminar.

Environmental law is a complex and niche area, but solicitors practicing in other areas such as commercial property, renewables, planning and corporate may encounter scenarios where environmental considerations are important. This course will help you identify where environmental issues may be relevant and when to seek specialist advice.

For more information or to book your place please visit our website.

Solicitor Advocates Introductory Course 2022 Sponsored post

The Society of Solicitor Advocates is running an Introductory Course for prospective Solicitor Advocates on Friday 14 January 2022 via Zoom. This course meets the criteria of an Introductory Course as defined under rule C.4. of the Law Society of Scotland Practice Rules 2011.

The half-day event is intended for all solicitors (civil or criminal) considering applying for Extended Rights of Audience who would like to know more about the process and require to attend a mandatory Introductory Course.

Speakers include Lord Ericht and Lord Armstrong as well as Sonia Gentile-Mills, the Accreditation Manager of Education, Training and Qualifications at the Law Society of Scotland, and experienced Solicitor Advocates involved with the training and qualification processes.

There will also be a panel session dealing with practical and topical matters relative to practising as a Solicitor Advocate.

The course will run from 9am sharp until 12.30pm and costs £75.

If you would like to attend the course, please contact our Administrator, Ellen Wilson, on 01506 846587 or email ellen@solicitoradvocates.org.

Mental Health: Practice, Procedure and Caselaw – 9 December Sponsored post

It has been estimated that one in three people are affected by mental illness in any one year.

This timely virtual classroom, presented by Scott Blair, an advocate with Terra Firma Chambers and a Legal Convener of the Mental Health Tribunal for Scotland, will consider:

• the impact of Covid-19 on law and practice
• MH v MHTS- anonymity and telephone hearings - the appeal story so far
• recent UK case law
• ECHR principles on deprivation of liberty and the treatment for mental illness
• the impact of the UN Convention on the Rights of People With Disabilities
• recent Scottish legislative changes and Tribunal procedure developments

Delivered live online, this virtual classroom will provide you with 3 hours’ verifiable CPD.

For more information and to book click here.

Project Management for Lawyers Masterclass – 6 December Sponsored post

Despite the principle of Legal Project Management receiving a lot of attention within the profession, lawyers with project management skills are still rare and therefore highly marketable.

This masterclass will take you through all phases of the project management cycle and help you to understand key concepts such as return on investment, opportunity cost, risk, resourcing, KPIs and earned value management.

Detailed learning outcomes will focus on four key objectives and include: 

•  Project Basics and Business Cases
  •    Project Scopes, Risk and Compliance
  •    Project Communication and the Multi Project Environment
  •    Project Performance, Handover and Abandonment

Delivered live online, the masterclass will provide you with 6 hours’ verifiable CPD.

For more information and to book click here.

CPD Packages | Law Society of Scotland Sponsored post

Like to be organised and get great value?

Book a flexible CPD Package and receive a bank of 20 hours you can use to attend any of the CPD conferences, webinars and seminars we offer throughout the practice year. You can use your hours to book in-person, live online or on-demand CPD.*

While our packages are completely flexible, we do recommend specific training for each individual package based on practice areas. We will continue to add tailored CPD to our programme throughout the year, so there will be a wealth of options for you to choose from.

Follow the links for full details of each package:

• Family Law CPD Package
• General Practice CPD Package
• In-house Legal CPD Package
• Private Client CPD Package
• Sole Practitioner & High Street Firm CPD Package
• CPD Share Pack (best value for teams)

For more information about Law Society of Scotland CPD Packages please visit our website.

*Please note Certification Courses, Essential Skills Courses, Trainee CPD and the New Partner Practice Management Course are not covered by CPD packages.

Send your events to Scottish Legal News Sponsored post

Get your events listed on Scottish Legal News by contacting our advertising manager, Jeff Anderson, on jeff@scottishnews.com.