US organisation seeking unexplained wealth order for Donald Trump’s Scottish properties has petition refused by Outer House

A US-based non-profit organisation that challenged the approach of the Scottish Ministers to the making of Unexplained Wealth Orders under the Proceeds of Crime Act 2002 has had its petition for judicial review refused by a judge in the Outer House of the Court of Session.

The Avaaz Foundation sought declarators from the court in relation to both general matters and specifically with reference to a potential application in respect of former US President Donald Trump’s Scottish properties. The Scottish Ministers opposed the petition on the grounds that there was nothing problematic about their approach to UWOs.

The petition was heard by Lord Sandison. The petitioner was represented by O’Neill QC and Welsh, advocate, and the respondent by Crawford QC and Scullion, advocate.

Operational decision

Under section 396A of the 2002 Act, UWOs in Scotland are made by the Court of Session on the application of the Scottish Ministers. In February 2020 the Green Party MSP Patrick Harvie asked a question in the Scottish Parliament regarding the possibility of an UWO being sought in relation to golf courses owned by President Trump in Scotland. The First Minister subsequently wrote to Mr Harvie on 16 July 2020 indicating that any decision as to whether to apply for a UWO was made “on behalf of the Scottish Ministers by the Civil Recovery Unit (CRU) which reports to the Lord Advocate”.

In correspondence between the petitioner and a civil servant in the Defence, Security and Cyber Resilience Division of the Scottish Government, it was further indicated that the decision whether to apply for an UWO was an operational decision for the CRU, who acted on the authority of the Scottish Ministers. It was clarified that the Lord Advocate’s role in the process was strictly in relation to her status as a Scottish Minister and not as part of the Crown Office.

Counsel for the petitioner submitted that the Scottish Ministers had failed to understand their proper role in relation to UWOs concerning politically exposed persons (PEPs) such as President Trump, and that the Lord Advocate could not be designated as the Minister responsible for seeking UWOs. The provisions of the 2002 Act delineated particular functions to the Lord Advocate on the one hand and the Scottish Ministers on the other, and such a delineation would be rendered absurd if the Lord Advocate were nominated as the responsible Minister for performing the Scottish Ministers’ collective functions.

In response, it was submitted for the Scottish Ministers that the declarators sought had no proper foundation in fact or law and would not resolve any live disputes between the parties. Any statutory function conferred on the Scottish Ministers as a whole could be exercised by any member of the Scottish Government and thereby engage their collective responsibility.

Fundamental distinction

In his decision, Lord Sandison noted: “While it would of course be difficult, if not impossible, in a situation where the Lord Advocate performed the decision -making functions of the Ministers in terms of section 396D on their behalf, to ensure that information about the case under consideration could be divided up in a legally or indeed factually effective manner so that some of it would only be known to the Ministers and some only to the Lord Advocate, there is nothing in the Act that requires such a division and no reason obvious to me why any need for it should be thought to exist."

He went on to say: “A decision taken by the Lord Advocate on behalf of and as one of the Ministers remains in law a decision of the Ministers as a whole for which they remain collectively legally and politically responsible. Equally, a decision taken by the Lord Advocate in the exercise of her retained functions is one for which she alone is so responsible. The circumstance that in point of fact the same person may be taking those decisions is not capable of undermining that fundamental distinction as to their legal nature.”

Addressing whether the Scottish Ministers were required to seek an UWO where the requirements of the 2002 Act were met, Lord Sandison added: “The power conferred on the Scottish Ministers in terms of POCA section 396A to apply to this Court for a UWO cannot properly be construed as a duty so to apply in any particular set of circumstances. Rather, decisions as to whether to apply for a UWO in any particular case, or to pursue one of the other investigatory mechanisms envisaged by POCA, or to take no relevant action, are matters for the Ministers in the exercise of a wide discretion.”

He concluded: “I wish to make it clear that I express no view whatsoever on the question of whether the POCA section 396B requirements were or appeared to be met in the case of President Trump, or indeed on the question of the identification of the legal criteria which would have had to have been applied had I required to answer that question in the course of these proceedings. As already noted, those questions did not arise given the view I took on the merits of the petitioner’s legal arguments as to the nature of the Ministers’ power.”

The petition was therefore refused.

Copyright © Scottish Legal News Ltd 2021

Scottish Legal Complaints Commission reports strong performance

The Scottish Legal Complaints Commission (SLCC) has published its annual report, showing strong overall performance.

The 2020-21 SLCC annual report covers performance in the July 2020 to June 2021 operating year, and was laid before the Scottish Parliament today, along with the 2020-21 SLCC annual accounts.

Neil Stevenson, SLCC chief executive, said: “Alongside our continued work on efficiency, this year we have brought a keen focus on our customers, working hard to improve our customer service and accessibility. We’ve listened to and acted on customer feedback from both consumers and lawyers to make improvements to our service. We’ve taken action on the clarity of our written communications, learned from others about improving our accessibility, and set up a service experience team to drive further improvement.

“We’ve also built on our strong response to the impact of Covid-19 on our business, and used an agile approach to rapidly review our strategy and options around people, technology, property, and changing customer need and expectation. Working with our staff and stakeholders, we are excited about, and prepared for, a very different-looking future way of working.”

Jim Martin, SLCC chair, added: “With continued strong performance across the business, the SLCC has a positive message to share. That should increase consumer confidence in the sector and its regulation, and reassure any legal professionals who are subject to a complaint that it will be dealt with promptly and fairly. It also meant that at the end of last year, we were able to reduce the levy for all lawyers, passing on the benefit of those gains to Scotland’s legal sector. While we need to assess incoming complaint numbers at the end of this calendar year, we are optimistic there may be further savings to pass on to at least some groups within the sector.

“Having achieved low complaint handling time and negligible backlogs in our system, this year we have focused our attention on reducing delays caused by some firms continuing to ignore their statutory duty to respond to our requests for client files. I hope by next year to be able to report an improved picture in terms of solicitors complying withthis, and the impact that will have on our ability to start – and finish – investigations swiftly.

“Looking forward, we’ll be engaging in the work to deliver much needed reform. On a daily basis we see how the current prescriptive legislation adds complexity and leads to poorer outcomes for the public and the profession. We’ll be putting forward positive proposals for improvement, and playing our part in the move towards a system of modern, agile legal regulation fit for 21st century Scotland."

Kirsty Yuill: Upcoming changes to the Highway Code

Kirsty Yuill takes a look at proposed new traffic rules.

According to a 2021 study by Rooster Insurance, 46.6 per cent of drivers have never refreshed their knowledge of the Highway Code. Those road users will no doubt be surprised to hear that 33 of its rules have been updated and five other changes have been made to it this year alone. It is a good idea for all to keep a look-out for further changes, notably those presently proposed by the Department for Transport (DfT) on introducing a “hierarchy of road users” and to understand how these changes could impact you directly.

Rule 204 of the current version of the Highway Code says that “the most vulnerable road users are pedestrians, cyclists, motorcyclists and horse riders. It is particularly important to be aware of children, older and disabled people, and learner and inexperienced drivers and riders”. DfT intends to bolster this by introducing a hierarchy of road users “which ensures that those road users who can do the greatest harm have the greatest responsibility to reduce the danger or threat they may pose to other road users”.

DfT explains that “this principle applies most strongly to drivers of large goods and passenger vehicles, followed by vans / minibuses, cars / taxis and motorcycles” and that “cyclists, horse riders and horse drawn vehicles likewise have a responsibility to reduce danger to pedestrians.” As an example of the proposed hierarchy in action, one particular proposed change would amend the instruction to drivers approaching a zebra crossing from “look out for pedestrians waiting to cross and be ready to slow down or stop to let them cross” to “you should give way to pedestrians waiting to cross a zebra crossing”.

In the context of civil claims for personal injury damages, three points are worth making on these proposed changes and the Highway Code generally.

Firstly, breach of a provision of the Highway Code does not, of itself, necessarily mean that the person in breach is liable in damages to a person who suffers injury as a result. This is because, for liability in a civil personal injury claim, there has to have been a breach of a duty to take reasonable care. Nonetheless, the terms of the Highway Code may inform, at least to some extent, what reasonable care means in particular circumstances.

Secondly, the law, UK-wide, has already evolved to take note of what has been referred to as the “destructive disparity” between different types of road user, especially where the courts have been assessing the degree to which a claimant may have contributed to an incident by considering the “causative potency” and “respective blameworthiness” of the people involved and their actions.

Thirdly, the proposed changes do not introduce any form of strict or presumed liability on the part of drivers involved in incidents with, for example, pedestrians or cyclists. Strict liability means automatic liability without any need to prove fault. Presumed liability means that fault would have to be positively disproved by the driver to avoid liability. Further, the law on “contributory negligence”, which refers to the reduction of a claimant’s damages by a percentage representing his or her share of responsibility, will also remain unchanged by the proposals.

Despite these three points, the proposed changes could lead to greater scrutiny of drivers’ actions in particular cases involving vulnerable road users.

Another aspect that is worth thinking about is where, for example, e-scooters and autonomous or driverless vehicles may fit into the hierarchy. On e-scooters, it remains illegal to ride them in public places out-with certain approved trials for hire from particular rental providers in certain places in the UK. DfT is currently assessing developing data on e-scooters, with particular regard to accidents and near-accidents involving them, and are likely to report on potential wider use next year. On autonomous vehicles, the Scottish Law Commission, working together with the Law Commission of England & Wales, are in the final stages of a project to support the creation of a legal framework for such vehicles.

Future developments in transport, developing data on road use, accidents and near-accidents, and evolving societal views on different modes of transport are all likely to mean that revision to the Highway Code will nearly always be a “work in progress”. In the meantime, readers may well wish to have a look at the current version and keep a look-out for changes down the line.

Kirsty Yuill is a partner at BLM

John Laurence Dowdall

John Laurence Dowdall passed away peacefully on 10 November. He was the son of the late Laurence Dowdall, one of Scotland's greatest criminal defence lawyers.

A notice in The Herald states: "Well known as a man of integrity, generosity and compassion, he will be much missed by his friends and those who knew him in the legal world as a criminal defence advocate. His great love was music and the arts, humanity and the natural world."

Musab Hemsi joins Anderson Strathern as director

Musab Hemsi has joined Anderson Strathern as a director in the firm’s employment law team.

Mr Hemsi joins from LexLeyton, where he spearheaded the Glasgow team advising across the food and drink, retail, energy, construction, and digital technology sectors. His former clients include Holland & Barrett, Trespass, and Cranswick.

A University of Glasgow law graduate, Mr Hemsi is an accredited specialist in employment law with the Law Society of Scotland and holds the Signet Accreditation in employment law.

Chris McDowall, partner and department manager of the employment team, said: “Musab is a fantastic addition to the team. Not only is he a top class employment lawyer, he builds great relationships with clients and potential clients alike. His proven track record in attracting and advising corporates and SMEs means he will be a great asset.”

Mr Hemsi added: “It’s an exciting time to be joining the highly respected team at Anderson Strathern as we gear up for further growth. I look forward to being a key part of its future success and working with the firm’s clients across many sectors.”

Murray McCall, managing partner, Anderson Strathern, commented: “Employment law has had to move in check with an exceptional time of change over the last couple of years. In the face of legislative changes, the pandemic, Brexit, the importance of employee wellbeing, technological transformation, and all the thinking around the future of work, there has never been such a multitude of factors and trends to consider as an employment lawyer, and indeed for employers and employees themselves.

"Getting Musab on board is a fantastic addition for the firm, coming at a time when we are seeing a big uptick in activity for the team.”

Promotions at Thompsons Solicitors Scotland

Thompsons Solicitors Scotland has announced a round of new promotions.

Jillian Merchant, Claire Campbell and Craig Smillie have been promoted to partner while Deirdre Flannigan has been promoted to associate.

Ms Merchant said: “I’m extremely excited about this new role as working with the trade union movement is something that’s built into my DNA. Given the uncertain times caused by the pandemic, the rights of workers, their safety and the role of unions have never been more important. I look forward to working with our trade union friends more closely than before to provide the best legal and strategic advice possible.”

Ms Campbell added: "I feel extremely honoured to have been made partner as I have worked at Thompsons since I was a trainee and share the firms' passion for obtaining justice for our clients. I’m looking forward to having a leading role in our Covid unit and continuing my career at one of Scotland's leading law firms."

Mr Smillie commented: “I would like to thank the firm for this opportunity and look forward to continuing to contribute to the important work Thompsons does helping the victims and their families of the awful diseases caused by asbestos. In this field Thompsons expertise is unsurpassed and I look forward to continuing to be part of asbestos victims fight for justice.”

Ms Flannigan said: “Thompsons are rightly known as Scotland’s top employment law firm. The team of solicitors I work with are first class and I’m extremely excited and honoured about my promotion.”

Wendy Durie, staff partner, commented: “I’m extremely proud of all our solicitors who have been promoted. Every one of them deserves this recognition. I know that the work they do will continue to strengthen the firm during the challenges posed by the pandemic. I take particular pride from the fact that many of them have been with the firm since they were trainees which shows their true commitment to the work we do at Thompsons.”

Craig Cathcart: Consultation can be launchpad for stronger regulation in the long term

How on earth can you defend self-regulation in this day and age? How can lawyers possibly be allowed to mark their own homework?

In my time as convener of the Law Society’s Regulatory Committee, I’ve often heard these questions asked. They are also the easiest questions to answer. No, I cannot defend self-regulation and no, lawyers should not be allowed to mark their own homework.

They are easy answers because self-regulation has been a thing of the past for the solicitor profession for many years. Indeed, as one of over 60 non-lawyers involved in regulating Scotland’s solicitors and protecting consumer interests, I am proof of that.

It is frustrating that some still see the current regulatory system as amounting to self-regulation. I accept we need to do better in explaining how and why such a view is misguided.

By law, the Society’s Regulatory Committee is made up 50/50 of solicitors and lay members. It must also have a lay convener, effectively delivering a non-solicitor majority. The law is clear that this committee must carry out its regulatory functions independently of the Law Society’s elected Council. Also, every regulatory sub-committee must also have at least 50 per cent non-solicitor membership.

Taken together, it means every regulatory decision is taken or overseen by non-solicitors. Individually and collectively, they ensure the public interest sits at the very heart of standards setting, the admission of solicitors, conduct investigations and more. In fact, every committee member – solicitor and lay – is bound by law to protect and promote the interests of consumers.

Plus, with an independent complaint handling body in the Scottish Legal Complaints Commission and another separate body in the Scottish Solicitors Discipline Tribunal, you have a strong set of checks and balances, an effective model of co-regulation.

This idea of a professional body co-regulating its members is a common one. Look at ICAS and chartered accountants or RICS with chartered surveyors. Even the teaching profession moved to having a single regulatory body in the form of the General Teaching Council. You can look overseas to places like Ireland, Canada, and Australia, where law societies and bar associations are the bodies setting and enforcing standards for lawyers. This system works.

So, as the Scottish government consults on reforming legal services regulation, what is the problem needing solved?

Let’s be clear; some things do need fixing. Most of the legislation covering the regulation of solicitors dates back over 40 years. Too much of it is outdated, rigid and unnecessarily complex. It is, put simply, not fit for purpose. After all, today’s legal profession is larger, more diverse and more international than ever envisioned in 1980 when the House of Commons passed the Solicitors Scotland Act which created the regulatory system we still broadly work to today.

But the mischief exists, not in who regulates, but in how regulation happens. The process for legal complaints is slow, cumbersome, and expensive to operate. There is a growing unregulated market, which too often places consumers at risk and leaves them with few remedies when things go wrong. We need an effective regulatory regime for the rapidly expanding use of technology in the delivery of legal services. We also need more transparency and more accountability.

And let’s not lose sight of what is working. Standards in the legal sector are high, with over 90% satisfaction amongst the clients of Scottish solicitors. Complaints numbers are at similar levels to 10 years ago, despite record numbers of solicitors in practice. Competition is thriving, with over 1,100 law firms across the cities, towns, and villages of Scotland. The question is how to best build on this track record.

I am optimistic about the Scottish government's consultation being a launchpad for a broad package of reforms that strengthens the regulatory system for the long term. In doing so, we can better protect consumers when things do go wrong. Importantly, we can also have a system that allows the Scottish legal services market to thrive in a post-Covid world still full of uncertainty.

It’s an opportunity the government cannot afford to pass up.

Craig Cathcart is a senior lecturer in Queen Margaret Business School and the non-solicitor convener of the Law Society of Scotland Regulatory Committee. This article was first published in The Scotsman.

Nominations for Law Society of Scotland 2023/24 president elect

Philip Lafferty, Susan Murray and Sheila Webster have been nominated as 2023/24 president elect of the Law Society of Scotland.

Council members will now vote for their preferred candidate and the result will be announced at the December 2021 meeting. The successful candidate will succeed current vice president, Murray Etherington when he takes up the role of president in May 2022.

Philip Lafferty is a partner at Clyde Defence Lawyers in Clydebank. He has been a Law Society of Scotland Council member since 2015, representing his colleagues in Campbeltown, Dumbarton, Dunoon, Oban, Rothesay and Fort William.

Susan Murray is a senior litigation solicitor with the NHS Central Legal Office and a Law Society of Scotland accredited specialist in medical negligence. She has been a Law Society Council member for her Edinburgh constituency colleagues since 2017, sits on the society’s board and is convener of its Equality and Diversity Committee.

Sheila Webster is head of the Davidson Chalmers Stewart dispute resolution team and sits on the Law Society board. Sheila has been a Law Society Council member representing Edinburgh constituents since 2017.

Law Society president, Ken Dalling, said, “I am extremely pleased to congratulate Philip Lafferty, Susan Murray and Sheila Webster on their nominations as 2023/24 president elect; and I know that Murray will be delighted to have the support of any of these candidates when he takes up his presidential reigns next May.

“Philip, Susan and Sheila all demonstrate a keen appreciation of the issues facing the Scottish legal profession, not least the ongoing impacts of the pandemic and the Scottish Government’s Legal Services Regulation reform.

“I know that that their fellow Council members will have a difficult decision to make when they come to cast their votes for our next vice president.

“Whatever the outcome, I would like to thank Philip, Susan and Sheila for standing and for their contributions to date. I look forward to working with them in the future as we continue to support our members and protect the public interest.”

The new as 2023/24 president elect will be confirmed at the Society’s December Council meeting.

Current vice president, Murray Etherington will become president in May 2022 and current president, Ken Dalling, will move into the role of immediate past president at the same time.

Click here for more information

Australia: Defamation law to force social media giants to reveal anonymous users

Social media companies will have to hand over details of anonymous users who make defamatory posts under a new Australian law.

Prime Minister Scott Morrison said legislation requiring Facebook and Twitter to reveal the identities of trolls would be introduced in the country's parliament this week.

He said: “The rules that exist in the real world must exist in the digital and online world. The online world should not be a wild west where bots and bigots and trolls and others are anonymously going around [... where they can] harm people and hurt people, harass them and bully them.”

The law will bring in a complaints mechanism so that users can ask the platforms to remove content. If it is not withdrawn they can force the platform to reveal the user in court so they can be sued in defamation.

Mr Morrison said social media firms had "better move quick" as they would need an email address and phone number for all users.

“I’m telling you, going forward, if they don’t tell us who they are, we’re coming after them. [Social media companies] have created the space and they need to make it safe. If they won’t, we will make them through laws such as this.”

US lawsuit takes aim at trans inclusion in women's prisons

A new law providing for transgender prisoners in California to be housed and searched in a manner consistent with their gender identity has been challenged as unconstitutional by an anti-trans campaign group.

The Women's Liberation Front (WoLF) argues that the Transgender Respect, Agency, and Dignity Act, or State Bill 132, which came into effect from the start of 2021, violates women's constitutional rights.

The law requires the California Department of Corrections and Rehabilitation (CDCR) to house a person who identifies as transgender, non-binary or intersex in a correctional facility designated for men or women based on their preference.

WoLF said the "foundational basis" of its lawsuit is that trans women prisoners are "male offenders" and pose a danger to women.

Lauren Adams, the group's legal director, added: "To pretend that they are female, in language or what we say about them or how we talk about them, goes against the whole basis of the lawsuit."

California's attorney general Rob Bonta is expected to vigorously defend SB 132, the Los Angeles Times reports.

Samuel Garrett-Pate, a spokesperson for LGBTQ+ advocacy group Equality California, said: "Bonta has been a champion for the trans community during his time in the legislature and now as attorney general."

Exonerated man raises $1.5m through online crowdfunder

Lawyers for a man who served over 42 years in prison after being wrongfully convicted of a triple murder have raised more than $1.5 million for him in an online crowdfunder.

African-American Kevin Strickland, 62, was freed last week from prison in Missouri, one of a number of US states which does not compensate people who have been wrongfully incarcerated.

Tricia Rojo Bushnell, Mr Strickland's attorney, turned to GoFundMe to raise money for Mr Strickland to cover his living expenses, including medical bills.

Ms Bushnell said: "The state of Missouri has robbed him of his youth, his health, and much of his life’s potential. He has largely lost the use of his legs and now uses a wheelchair. All for a crime he did not commit."

As of time of writing, the fundraiser has collected $1,586,540 (around €1,405,000) and is now aiming for a new target of $1,750,000.

Quote of the day

'Sir,' said Mr Johnson, 'a lawyer has no business with the justice or injustice of the cause which he undertakes, unless his client asks his opinion, and then he is bound to give it honestly. The justice or injustice of the cause is to be decided by the judge.'

James Boswell, 'The Journal of a Tour to the Hebrides with Samuel Johnson, LL.D.' (1785)

And finally... last orders

Nearly a million public sector workers in India have been forced to swear off alcohol for life by their state's prohibitionist leader.

Nitish Kumar, chief minister of the northeast state of Bihar, ordered all employees of the state to take a lifelong pledge to steer clear of alcohol, The Times reports.

Mr Kumar banned alcohol in the state in 2016 on the basis that it led to higher crime rates – though the ban itself has created a thriving black market for alcohol smuggled from neighbouring states.

Police raids on weddings have been particularly controversial, especially when male police officers recently searched a bride's room for alcohol without any women present, according to the Hindustan Times.

Mr Kumar said last week: "The liquor ban is being strictly implemented in the state. The directions have also been issued not to spare the violators."

In case you missed it...

The most read stories from last week

1. SLCC case against law firm escalates
2. Thomas Ross QC: Should Scottish judges have the power to order whole life tariffs?
3. Craig Snee joins Thompsons Solicitors in Dundee
4. England: Raab accused of ignoring collapse of criminal courts
5. Just Employment Law raise £73,000 for Pancreatic Cancer Action Scotland
6. SCTS denies claims it ‘massages’ court statistics
7. Lauren Bowie named one of Young Women Scotland’s 30 under 30
8. Insurance specialists BLM and Clyde & Co reportedly discussing merger
9. Shoosmiths opens new Glasgow office
10. Lawyers celebrate 200 years of Session Cases

Latest from Scottish Financial News

• AAB supports Scotland's high growth tech businesses with new sponsorship programme
• Drummond Finance announces Dundee expansion
• PwC: Scotland in prime position to benefit from Green Jobs revolution
• Anderson Strathern hires employment law specialist Musab Hemsi as director
• New fixed-rate mortgage deal with 40-year term launches
• ITWORX UK celebrates first year being employee-owned and best financial year
• Bethan Customs Consultancy welcomes ISO award
• Accenture announces plans to create 3,000 new technology jobs over next three years
• SIS and ZWS launch £5m funding to support Scotland’s social enterprises transition to net-zero
• FCA reforms decision-making to tackle consumer harm

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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

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

Traineeship – Thompsons Solicitors Scotland

Thompsons Solicitors is a distinctive law firm dealing with personal injury and employment law cases.  We wish to recruit a trainee solicitor to work primarily within our Mass Litigation, Survivors & Lung Disease teams.

We have an outstanding reputation for achieving the best possible results for our clients. The focus of our firm is to secure compensation for who have suffered injury or loss who, without our support, would struggle to achieve the justice they and their families deserve.

If you share these values, have an interest in the type of work we do and are looking for a fulfilling career with a law firm of national repute, we would like to hear from you.

Applicants should be available for an immediate start and hold the necessary LLB and Diploma qualifications to begin their traineeship.

We welcome CVs with a brief covering note to be sent to Susan Lyons, susan.lyons@thompsons-scotland.co.uk.

Website:  http://www.thompsons-scotland.co.uk

Closing date: 2 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.

Legal Assistant – Fife Law Centre

Fife Law Centre is seeking to recruit a Legal Assistant with previous experience in a legal environment, to work as part of a small team focused on improving the lives of people across Fife.

Fife Law Centre was established in 2009 to provide services to those in the community who are otherwise unable to access legal support and advice. We are a small team of solicitors and administrative support.

The main areas of work for the Legal Assistant will involve receiving enquiries and referrals from individuals and partner organisations, identifying whether the nature of the enquiry is one which Fife Law Centre can deal with, accurately recording information, assessing content, reporting with clarity, and maintaining proper records.

While initially the work will be as part of the office based team (as determined by government restrictions), it is anticipated this role will extend to services at outreach hubs across Fife.

The successful applicant must be able to demonstrate clear and sensitive communication skills, objective analysis, judgement and recording skills.

Proficiency in Word and Excel Systems will be essential.

Salary £20,000 (under review)

Job description

Applications using the form provided should be submitted to anne.macintyre@fifelc.co.uk – by 5pm on Thursday 2 December. All applications will be acknowledged.

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.

Governance & Assurance Manager – Fixed Term – 2 Years – Dumfries and Galloway Council

Dumfries

£65,190 - £70,182 per year

Exciting and unique opportunity to join Dumfries and Galloway Council’s Governance & Assurance Team.

This new high profile role has strategic responsibility and will assist the Head of Governance and Assurance to lead and manage a range of services to provide assurance of high standards of governance, integrity and protection.

The key focus of the role will be to assist the Head of Governance and Assurance with the implementation of the actions contained in the Review of Financial Procedures and Procurement Standing Orders, including but not limited to Governance related matters contained within the action plan (eg the Review of The Scheme of Delegations, Risk Management, Annual Governance Statement, Key Decisions).

You will be joining at a time of transformational change in our Council and region. This role provides the opportunity for you to support the achievement of Council Priorities and provide leadership, vision and strategic direction about governance and compliance across the organisation.

We are looking for an experienced, forward-thinking and inspiring leader. You will have a Scots Law legal qualification and current Law Society of Scotland Practising Certificate. You will be politically astute and have a strong track record of managing, developing and improving services; shaping and delivering strategic policies; collaborative working; communicating and negotiating effectively; and robust budget management. This post may be suitable for secondment.

For an informal discussion, contact Vlad Valiente, Head of Governance and Assurance t: 07425 615737, or Human Resources, t: 030 33 33 3003, e: HR@dumgal.gov.uk

For further information and to apply, please visit:

Governance and Assurance Manager - | Dumfries & Galloway Council | myjobscotland

Closing Date: 2 December 2021

Full/Part time - Experienced Family Solicitor – Kee Solicitors

We are a young and growing firm that specialise in family law and have an exciting opportunity for a Solicitor of at least 2 years' PQE to join our team in Stepps, Glasgow. This role will involve a broad caseload of private family law clients.

The successful candidate will have significant experience in family/civil law, including within the Courts. They will manage their own case load and assist generally across the firm. Requires the ability and experience to deal with complex family law matters whilst providing excellent client service. The candidate must be a team player as the firm is very team focused and have the drive and ambition to grow with the firm.

Benefits

• Competitive Salary
• Private Medical Insurance
• Increased employer pension contribution
• Flexible working
• Bannatynes Gym membership (On Site)
• Friendly, work/life balanced environment

Please enquire in confidence by email to jonathan@keesolicitors.co.uk.

Paralegal – Digby Brown Solicitors

Full-time, Permanent

Ayr (With Degree of Flexibility - Details Below)

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 16 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.

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.

Due to ongoing growth within the business, an opportunity has arisen for a client-focused individual to join our Network team in the Ayr office.

Ideally, you will be a paralegal, with 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 role is based in Ayr, but the successful candidate will only be expected to attend the office one day per week for team meetings and collaboration purposes, should they be based out with the local area. They could then undertake the remainder of their working days, split between home and another of our sites that is closer to them.

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.

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.

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 as soon as possible.

Solicitor – Historic Environment Scotland

Starting Salary: £41,867 per annum

Salary Range: £41,867 - £47,574 per annum

Hours: Full time (37 hours per week), We are flexible as to how the 37 hours are worked i.e. compressed hours

Contract type: Permanent

Closing date: Wednesday 15 December 2021 (midday)

Historic Environment Scotland (HES) is seeking candidates for a new role within our Legal function as an in-house solicitor, reporting to our Head of Legal. As a Solicitor within HES, your primary responsibility will be providing legal advice to our organisation on a broad range of legal issues.

If you are someone who is; a qualified solicitor and member of the Law Society of Scotland with a current practising certificate, with experience of drafting and negotiating commercial contracts, then this could be a fantastic opportunity for you.

About the role

HES is a unique organisation with a broad range of functions. We are a ‘Non-department Public Body’ (NDPB) with charitable status, as well as operating as a national commercial business within the tourism sector. As a Solicitor within HES your role will involve assisting our Head of Legal in providing advice to the organisation on a wide range of matters, enabling us to manage our legal risks, with a particular focus on commercial contracts. You will also be involved in implementing processes, controls and business improvements to embed a positive culture of legal risk management.

About you

To be successful, as a qualified solicitor with a minimum of 2 years’ PQE, you will have experience in commercial contract drafting, and a willingness to advise our organisation on a wide-ranging, unusual and interesting range of matters.

You will be able to provide evidence of your strong planning, organising, communication, facilitation, negotiation and analytical skills, as well as your ability to produce innovative solutions to business challenges. Full details about the person we are looking for can be found in the job description for this role.

Interested?

Visit our website to view the full job description and for information about applying online for this interesting and exciting opportunity. 

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.

Dispute Resolution & Litigation Associate – Lindsays

Permanent
Preferably 4 years+ PQE (other levels of PQE considered)
Edinburgh based (flexible working options considered).
£neg

Lindsays is a full-service law firm with a reputation for providing an excellent and outstanding service to clients. Our specialist teams offer a diverse range of services, allowing us to cater to the needs of a wide range of clients, whether individual or corporate.

We have a great opportunity for an experienced litigator to join our well-established team. You will advise our clients on a wide range of contentious matters, with a particular focus on commercial disputes.  Property litigation experience is essential.  Insolvency expertise would be beneficial.  Working with a supportive team, there will be opportunities to develop expertise in other contentious specialisms - whether building on experience you already have or broadening your practice into entirely new areas.  You can expect to be involved in Sheriff Court and Court of Session actions, as well as Alternative Dispute Resolution.

This is a permanent role with core hours of 9am - 5pm (flexible).

Key responsibilities include:

• Provision of a high-quality dispute resolution service to our clients.
• Maintaining regular client contact and addressing their needs and requirements.
• Managing a busy and varied caseload.
• Appearing at Sheriff Courts throughout Scotland, whether remotely or in person.
• Supervising and mentoring trainees and recently qualified solicitors.
• Recording all time and generating appropriate levels of fee income.
• Undertaking regular file reviews.
• Keeping up to date with developments in the law and regulatory requirements.
• Attending and/ or contributing to internal and external seminars.
• Developing expertise in key areas to meet the evolving needs of our clients.
• Contributing legal up-dates and analysis to the firm’s website and trade press.
• Active participation in a range of business development initiatives.                                                                                          

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 Manager, Caledonian Exchange, 19A Canning Street, Edinburgh, EH3 8HE or email: recruitment@lindsays.co.uk

Lindsays is an equal opportunities employer.

No agencies please.

Solicitor (NQ-6 yrs' PQE) - Corporate – BTO LLP

Location - Glasgow

We have an exciting opportunity for an experienced solicitor to join BTO’s Corporate team in Glasgow.

The role will support the Corporate team with a broad case load in corporate law including mergers and acquisitions, reorganisations, commercial contracts, corporate governance, and shareholder investment agreements.

Candidates must have knowledge of general corporate law with experience of drafting transactions. High levels of initiative, motivation and commercial acumen are essential, together with well-developed interpersonal skills and the ability to build strong relationships with clients and other team members.

A competitive salary and flexible benefits package will be offered commensurate with experience.

For further information please visit the Careers page on our website: http://www.bto.co.uk/careers.aspx

To apply, please forward your CV to hr@bto.co.uk along with a covering letter and details of your salary expectation.

Closing date: Friday 3 December 2021

Paralegal – Real Estate / Residential Property – Brodies LLP

Brodies LLP is a UK law firm headquartered in Scotland. It is the largest firm in its jurisdiction measured by income, directory rankings, and lawyer numbers. In the last three years, the firm's revenue has grown by 20%, and almost 100 new colleagues have joined. Today, we have more than 750 colleagues and offices in Aberdeen, Edinburgh, Glasgow, The Highlands, London and Brussels. We combine colleagues' expertise in all business areas, to deliver Enlightened Thinking - new knowledge and new legal possibilities - uniquely suited to our Scottish, UK and international clients.

JOB TITLE

Paralegal – Real Estate / Residential Property

Flexible location

REPORTING TO                                                                                                         

Miriam Armstrong, Managing Associate and Charles Hay, Managing Associate

JOB PURPOSE

To take responsibility for completing purchases and processing all residential sales for private clients, and when required processing plot sales for home builder clients. In addition, the successful candidate may be required provide support to the solicitor group in connection with commercial property transactions.

CORE TASKS

• Examining and reporting on title.
• Preparing states for settlement and cash statements to clients.
• Preparing cash forms and instructing bank transfers.
• Taking client’s instructions, providing quotes and dealing with the opening of files.
• Instructing searches and reports required for residential and commercial property transactions.
• Taking instructions from Solicitor for sale and purchase files, transfers of title, new build purchases, discharge and remortgage work.
• Dealing with clients, estate agents, mortgage lenders and solicitors at every stage of the transaction from initial instructions and noting interest, throughout missive stage (under supervision) and through to completion.
• Advising and keeping clients up to date with the progress of their transaction both via email and telephone contact.
• Preparing Standard Security for signature.
• Ordering Searches on sale and on purchase reviewing same and interpreting results.
• Preparing Disposition and all other conveyancing drafts.
• Raising observations both standard and in light of search entries and Home Report review.
• Ordering funds from Lender.
• Preparing settlement terms in readiness for completion of transaction.
• Submitting LBTT Returns online and having a general knowledge of LBTT requirements to include ADS.
• Registering property with Registers of Scotland and completing necessary Forms for registration.
• Dealing with post settlement claims under guidance from Solicitor.
• Be aware of Brodies’ information security policies, and protect information assets from unauthorised access, disclosure, modification, destruction or interference at all times.

PERSON SPECIFICATION

• Previous experience of residential transactions is desirable.
• Previous experience of examination of title to Scottish property is essential.
• Excellent team player.
• Adopts a flexible and proactive approach to work duties.
• Professional in all dealings with clients and projects a positive image of the firm at all time.

SKILLS

• Self-motivated and driven
• Accurate
• Prepared, organised and able to prioritise
• Commercial and profit focus
• Excellent communication skills

To apply for this role, please send a copy of your CV with a covering letter to legalrecruitment@brodies.com quoting reference BR1047.

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. 

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.

Morton Fraser Personal Injury Podcast Series | Masterclass in Personal Injury and Medical Negligence Claims Sponsored post

In the first episode of our six-part series discussing personal injury and medical negligence claims, David Hossack discusses with experts Nicola Edgar and Derek Couper their experience of the challenges and opportunities most often encountered when acting on behalf of individuals in pursuing claims resulting from injury, misdiagnosis, disease or death. They will also provide an introduction into the range of topics that will be covered in the series over the coming months.

The six-part series is aimed at solicitors working in this area of law. It will focus on a variety of topics which are relevant to everyday practice including the key issues a claimant must overcome in order to achieve a successful outcome to their case, the investigation of liability, the most effective ways to quantify losses to ensure no disadvantage is unaccounted for when negotiating appropriate compensation, how best to fund claims, and key lessons in recovering expenses including maximisation of judicial accounts. The impact of COVID-19 on personal injury and medical negligence claims will also be covered, alongside an update on the most noteworthy among recent case law in this specialised area of litigation.  

Morton Fraser are highly recommended by both clients and independent legal directories. We are ranked by the Legal 500 Directory as experts in both personal injury law and medical negligence law. We have expertise in handling all types of claims, including road traffic accidents, cycling accidents, accidents at work, accidents abroad, slipping and tripping accidents and industrial disease cases. We have extensive experience in dealing with fatal claims and medical negligence claims and we regularly work with other firms in order to progress claims under our referral scheme. This is an arrangement which works well, particularly for complex cases requiring specialist advice where a significant amount of time and money requires to be invested in a case long before any award is forthcoming. With one of the largest litigation teams in Scotland, we have the resources and expertise needed to ensure our clients obtain the maximum amount of compensation possible for their personal injury claim.

Listen here: Masterclass in Personal Injury and Medical Negligence Claims | Morton Fraser Lawyers | Edinburgh and Glasgow (morton-fraser.com)

If you would like to subscribe to the series, please visit the links below.

Spotify

Apple

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.