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Scottish Legal News: Wednesday 22nd December 2021

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Outer House judge dismisses Maltese transport authority from bus crash reparation action

Court of Session Outer House
Court of Session Outer House
By Mitchell Skilling

A Lord Ordinary has ruled that an insurer that had a claim brought against it following a bus accident in Malta could not claim relief or apportionment against the local transport authority after it was convened as a third party to the case.

Simon Morrison, the pursuer, sought reparation from Middlesea Insurance Plc as it was the insurer of the operator of the tour bus, City Sightseeing Malta Ltd. The Authority for Transport in Malta pled that it was immune from the court’s jurisdiction in terms of section 14 of the State Immunity Act 1978.

The case was heard by Lord Richardson in the Outer House of the Court of Session. Wilson, advocate, appeared for the pursuer, Stewart QC for the defender and Dewar QC and Hawkes QC for the third party. No submissions on this matter were heard from the pursuer.

Sovereign authority

On 9 April 2018, a tour bus operated by the defender was involved in a crash at Zurrieq, Malta, which was said to have injured the pursuer. He accordingly raised an action against the defender as the insurer of the tour bus operator, which contended that it was not liable to make reparations to him. The defender has previously paid the third party for a licence to operate sightseeing buses along the route it was travelling on.

Expert witnesses led by the third party explained that Transport for Malta was responsible for carrying out safety inspections of the major roads in Malt, and that ultimate control was retained by the Maltese Minister of Transport. It was submitted for the third party that the exercise of these powers was an act of exercising sovereign authority on the part of the Maltese Government, from which it received an annual contribution in order to be able to carry out its functions.

It was submitted for the defender that the juridical character of the present proceedings was one of private law. The third party had been brought to court on the basis of an alleged breach of its duty to maintain the roadway, specifically a failure to properly maintain trees as the edges of the road on which the crash occurred, and this was not of sufficient importance to be properly characterised as the exercise of sovereign authority.

Counsel for the defender further submitted that the relationship between itself and the third party could be characterised as a commercial transaction. This proposition was disputed by the third party, which argued that as the granting of tour bus licences could not be done by any private person, the act was closer to a public law characterisation than a private one.

Vital to the state

In his decision, Lord Richardson said of the character of proceedings: “Having identified what connects the separate entity to the proceedings, one requires to consider the context of that act or omission in order to determine whether or not it falls within the sphere of governmental or sovereign activity. In other words, the focus of the exercise of characterisation is on the context of what it is alleged had been done (or not done) by the separate entity.”

Considering the acts of the third party in closer detail, he said: “In respect of the ‘Transport Malta’s Duty (as defined by the defender) namely the duty to ensure the constant safety, upkeep, maintenance and security of the principal roads in Malta, this falls within an area of activity – road transport for goods and people - which is important and probably vital to the economic and social well-being of the Maltese state. This area or context would seem to me to be plainly one of governmental activity. It is not a duty which is incumbent on a private citizen.”

He continued: “I also reject the defender’s argument that somehow the particular aspect of the alleged failure relied upon in the current proceedings – which apparently involved overhanging tree branches – was too insignificant for it to be characterised as the exercise of sovereign authority. I do not consider this to be relevant to the exercise of characterisation which requires to be carried out.”

Addressing whether the defender and third party were linked by a commercial transaction, Lord Richardson observed: “It seemed to me that this part of the defender’s case was only advanced in a somewhat half-hearted fashion during the proof. As noted above, by the point of submissions this part of the case was no longer deployed as a free-standing argument in terms of section 3 of the 1978 Act but, rather, as support for the defender’s argument that the third party was not exercising sovereign authority in terms of section 14(2) of the 1978 Act.”

He concluded: “These arrangements were carried out pursuant to the functions which had been transferred to the third party. This was not a transaction which a private entity could have entered into in place of the third party. It is notable in this regard that [Maltese law] expressly precludes the third party from contracting out its regulatory or licensing functions. Against this background, I do not consider the fact that the third party is, so far as is practicable, to meet its expenditures from its revenues renders these licensing arrangements commercial.”

Lord Richardson therefore sustained the third party’s plea of jurisdiction and dismissed the action quoad the third party.

Copyright © Scottish Legal News Ltd 2021

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Authorisation marks significant step towards alternative legal businesses in Scotland

The Scottish government has announced today that the Law Society of Scotland has been authorised as a regulator of Licensed Legal Services Providers in Scotland.

The government’s authorisation is a further step towards solicitors and non-solicitors being able to set up businesses together to provide legal and other business services to consumers in Scotland.

These new types of businesses, which would be required to be majority owned (at least 51 per cent) by ‘regulated professionals’, could see Scottish solicitors set up in partnership with other specialists such as surveyors, accountants or architects, promote existing senior, non-solicitor staff to partner level or seek external capital. All licensed providers would require at least one solicitor to be employed in the business, with a solicitor acting as head of legal services.

The Law Society is currently building the policies and processes that will support the approved regulatory scheme, which is due to launch in 2022.

Ken Dalling, president of the Law Society of Scotland said: “Today’s announcement marks a significant step towards opening up the legal services market in Scotland to permit these new types of businesses.

“It has taken significant effort to get to this stage and we are working on the policies and processes needed to support the new regulatory framework. It will ensure licensed providers operate to high professional standards and that there are robust consumer protections in place, as there are for clients of solicitor firms.”

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SLCC takes on new oversight role of Law Society as approved regulator

The Scottish Legal Complaints Commission (SLCC) has today taken on a new role in relation to complaints in the new Alternative Business Structures regime.

Following confirmation that the Scottish government has authorised the Law Society of Scotland as an Approved Regulator for Alternative Business Structures (ABSs), the SLCC will now deal with two new categories of complaints: complaints about Licensed Legal Services Providers (LLSPs) and complaints about Approved Regulators.

The former is similar to the existing complaints regime for lawyers and law firms, where the SLCC is the single gateway for all complaints, considers complaints about the law firm’s/ LLSP’s service, and passes complaints about the conduct of individual practitioners to the relevant professional body/approved regulator for investigation. As is currently the case for conduct complaints against lawyers, the SLCC will also accept handling complaints about the way in which the approved regulator has carried out its investigation into a conduct complaint. 

The latter category – complaints about Approved Regulators – is an entirely new type of complaint. They are likely to relate to an action, or failure to act, by the approved regulator which has had an adverse impact on the observance of their regulatory objectives, or allege that the Approved Regulator has failed to comply with a requirement imposed on it under the 2010 Act, or has failed to adhere to its internal governance arrangements.

The function of investigating and determining these complaints has been delegated to the SLCC by Scottish ministers. The SLCC will notify its decision on whether or not to uphold the complaint to the complainer and Approved Regulator. It will also share that decision with Scottish ministers, who, where a complaint is upheld, will decide on any sanctions to be applied.

Neil Stevenson, chief executive said: “It is now 11 years since the legislation was passed to allow alternative business structures to operate in Scotland.

“We are proud that Scottish Ministers have once again put their faith in the SLCC to deliver effective complaints systems, and to take on new duties to oversee the work of legal services regulators. When issues are raised through new ‘Approved Regulator complaints’ the SLCC will now have a role in looking at competition in the sector, access to justice, and diversity, as well as determining if Approved Regulators are acting in the public interest and the interests of justice.

“While broader reform, currently being consulted upon, may look at embedding these functions further within a new regulatory system, in this case the Law Society is voluntarily bringing itself within the SLCC’s and Ministers’ remit through its elective choice to become an Approved Regulator.

“As with the extension of our powers in 2014 through Statutory Instrument, we are grateful for Parliament’s ongoing confidence in the SLCC and the regulatory role it performs, and will work hard to implement our new extended remit in a proportionate and effective manner.”

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Kenny MacAskill seeks clarity on Scottish government’s plans to scrap juries

Kenny MacAskill has said the Scottish government must “come clean” over whether it was allowing prosecutors and women's groups to lay the ground for radical reform of the justice system as senior legal figures continue to insist on juryless trials.

Mr MacAskill wrote to Justice Secretary Keith Brown seeking clarity on the issue. “No one denies that there’s a serious problem with delays in serious criminal trials,” MacAskill said.

“But other options to address delay are available, likewise with low conviction rates in sexual offences. This strikes at the heart of the justice system and is a step too far. Especially from a government where lines have been crossed in the separation of the role of the lord advocate and where there’s been little alacrity shown to separate the post of senior government law officer from that of the country’s most senior prosecutor.”

Lord Advocate Dorothy Bain QC has said politicians are “morally obliged” to consider juryless trials in order to address the mounting backlog of criminal cases.

The Scottish government said: “We will hold a consultation on sexual offences and victim rights in the spring, which will also cover many of the recommendations. Any decision on the way forward, and which would require legislation, will rightly be a matter for the Scottish Parliament.”

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James Wolffe QC to rejoin Brick Court Chambers in January

James Wolffe QC

James Wolffe QC will be rejoining Brick Court Chambers in London – where he was a door tenant between 2013-16 – as a door tenant in the New Year.

Before his appointment as lord advocate, Mr Wolffe had a substantial and wide-ranging public and commercial law practice at the Scottish bar. He has also appeared in significant cases in the UK Supreme Court including the prorogation cases.

He said: "I am delighted to be returning as a door tenant to Brick Court Chambers, with its record of excellence in public and commercial law."

Joint head of chambers, Helen Davies QC, said Mr Wolffe would "join the distinguished roster of counsel and arbitrators amongst our door tenants".

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Chris Mackay: Adjudication in Scotland - can you use the court to recover documents?

Chris Mackay

Chris Mackay reveals whether courts can be used to recover documents relating to adjudication.

Can you use the courts to recover documents from another party for the purposes of adjudication in Scotland?

The answer is yes - provided that the necessary conditions are met.

In the first judgment considering this question (Van Oord UK Limited v Dragados UK Limited, unreported), the Court of Session ordered a main contractor to produce to a subcontractor redacted excerpts of a Settlement Agreement between the main contractor and the employer.

Refusal to produce documents: the adjudicator option

In construction disputes, it is not uncommon for one party to hold documents that the other party needs to see in order to establish its position in connection with an adjudication.

What happens if the other party refuses to provide you with those documents?

One option may be to ask the adjudicator to order the other party to produce the documents where the rules or contract under which the adjudication is conducted give the adjudicator this power (e.g. clause W2.3(4) of the NEC4 ECC).

In many cases this will be sufficient and effective. However, this step cannot be taken until the adjudication has actually commenced so preparations cannot benefit from awareness of the relevant documents.

There is also the added uncertainty about whether the adjudicator will actually order the documents to be produced and, if so, within what timescales.

Timescales are tight in an adjudication and where an adjudicator does make such an order, it may not be realistic to expect the documents to be reviewed, analysed and deployed effectively within those timescales.

It is therefore a significant development that the Scottish Courts are, in the right circumstances, prepared to order disclosure of documents for the purpose of adjudication – including in advance of an adjudication being commenced.

Refusal to produce documents: the court option

In Scotland, the courts have the power under Section 1 of the Administration of Justice (Scotland) Act 1972 to order a party to produce documents which may be relevant “in civil proceedings which are likely to be brought”. Until now it has not been confirmed if the Section 1 procedure applies to adjudication.

Do “civil proceedings” include adjudication?

In short, yes.

It has long been clear that, for the purpose of Section 1, the phrase “civil proceedings” included court actions and arbitration proceedings.

But are adjudications also civil proceedings which benefit from use of the Section 1 document recovery procedure?

In Van Oord UK Limited v Dragados UK Limited the Court has now confirmed that adjudication does indeed fall within the concept of “civil proceedings” for the purposes of Section 1.

As such, the Section 1 procedure can be used to recover documents in advance of adjudication proceedings in appropriate circumstances.

Is the position the same in England and Wales?

No. The position in Scotland now diverges from the position in England and Wales, where the comparative pre-claim disclosure procedure is narrower in its scope and has been held not to apply to adjudications (PHD Modular Access Services Ltd v Seele GmbH, [2011] EWHC 2210 (TCC)).

The principle is now established – but how will it work in practice?

It will be interesting to see the extent to which parties may use the Section 1 process in preparation for adjudication in preference to seeking orders for recovery from the adjudicator within the very tight timescales of the adjudication itself.

It has to be noted that recovery of documents under the Section 1 procedure is a limited right.

The Court has to be persuaded that: (i) there are proceedings which are likely to be brought; (ii) the documents are relevant to the resolution of the issue in the proposed proceedings; and (iii) it should exercise its discretion to grant the order.

The reality is that there will only be certain cases in which the circumstances and value of the dispute will make it worthwhile to pursue document recovery in advance of adjudicating.

The three tests

There are the three tests the court will apply to any application made under the Section 1 process before ordering any disclosure of documents.

In broad terms, these are that:

  1. there are proceedings which are likely to be brought;
  2. the documents are relevant to the resolution of the issue in the proposed proceedings; and
  3. it should exercise its discretion to grant the order.

The document sought in the petition proceedings between Van Oord (the subcontractor and petitioner) and Dragados (the main contractor) was a confidential settlement agreement between main contractor and Aberdeen Harbour Board (the employer) in respect of the works carried out by the main contractor for the Aberdeen Harbour Expansion Project (the Project).

1. Are proceedings likely to be brought?

The documents sought must appear to the court to be concerned with existing proceedings before the court, or in civil proceedings (including adjudication) likely to be brought.

The court was satisfied that both court proceedings and adjudication proceedings were likely to be brought.

2. Is the document relevant to the proceedings likely to be brought?

The court will not order the disclosure of any document unless it is satisfied of the relevance of that document to the proceedings likely to be brought.

In this dispute, the question was whether the document had some relevance to the determination of certain defect notices.

The main contractor’s argument, simply put, was that the relevant defects clause under the NEC3 contract (clause 45) did not require them to demonstrate actual loss in order to deduct sums from the subcontractor.

Therefore, the settlement agreement was not relevant and should not be disclosed.

The subcontractor’s position was that, leaving aside any dispute as to the interpretation of clause 45, the main contractor had retained a “middle ground” position, which meant that the subcontractor did not know, as a matter of fact, whether or not any costs had been incurred by the main contactor.

The subcontractor was entitled to know this and, therefore, the settlement agreement was relevant and should be disclosed.

They also argued that the recent Inner House decision of Van Oord UK Limited v Dragados UK Limited that good faith “was not merely an avowal of aspiration” and the decision of Mr Justice Deeney in Northern Ireland Housing Executive v Healthy Buildings (Ireland) Limited [2017] NIQB 43, both affirmed the obligation to act in good faith in the application for discovery of information.

The court decided that any assessment of costs in relation to clause 45 would be illuminated by the disclosure of the settlement agreement: there was a relevant link between the disclosure sought and the questions to be determined.

3. Should the court exercise its discretion in granting the order?

When considering whether it should exercise its discretionary power to order disclosure of the settlement agreement, the court considered two further points:

  • (if the main contractor was right in its position on the interpretation of clause 45 of the subcontract, the disclosure of the settlement agreement would not be prejudicial to it; and

  • no substantial issue of confidentiality arose in the case, for two reasons:

    • the subcontractor was prepared to accept an unqualified statement from the main contractor that it had not suffered any loss arising from the settlement agreement in relation to any alleged defects in the subcontract.  In other words, there was a feasible alternative to disclosing the settlement agreement, should the main contractor wish to follow it; and

    • any confidentiality obligations were overcome by the public interest in the administration of justice that the truth should be established (Santa Fe International Corporation v Napier Shipping SA).

The court concluded all three tests were met and granted the petition for disclosure of the settlement agreement but only in so far as relevant to the dispute between the main contractor and subcontractor.

Practical Points

It was argued that the floodgates of pre-adjudication applications would be opened if Section 1 was held by the court to apply to adjudication. The court rejected this argument. It noted that no use has been made of the procedure to date.

When deciding whether a petition is appropriate, consider the following:

  1. can the three tests be satisfied?
  2. do the circumstances and value of the dispute make it worthwhile to pursue document recovery in advance of adjudicating, particularly given the costs that will be incurred in going to court?
  3. is there time to start – and conclude – the court process? Whilst a Section 1 petition can be an expeditious court process, it is not quick. In this case it took some four months for the subcontractor to get the document.
  4. is it tactically appropriate? In the course of Section 1 proceedings it will be necessary to give advance notice of at least part of the case in order to convince the court. In this petition, the issues had already been aired in a prior adjudication.

The reality is that there will only be limited circumstances in which recovering documents in advance of an adjudication will significantly improve a party’s position. None the less, for the right documents, this could be a very valuable tool.

Quite commonly construction documents are already available to parties who may end up in dispute. Where they are not, more often than not they will be voluntarily disclosed on demand.

Documents which are not available to parties tend to relate to the goings-on during a project, or surround a settlement which a party may be keen to keep private, for fear they will give advantage to the other party.

Of course it helps if one knows what one is looking for in any demand for voluntary disclosure or formal recovery.

Thankfully the process allows some flexibility, provided that it can be demonstrated there is proper purpose in the recovery and that it is not a fishing exercise.

Chris Mackay is a partner at Burness Paull

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Swinney condemns ‘irresponsible’ attack on human rights

John Swinney

Deputy First Minister John Swinney has written to the UK government objecting to “ill-judged and irresponsible” plans to revise and replace the Human Rights Act.

In a letter to Lord Chancellor Dominic Raab, Mr Swinney described the proposals as an unacceptable attack on human rights, constitutional certainties and the rule of law, including matters that lie firmly within the devolved competence of the Scottish Parliament.

“The Human Rights Act has a 20-year track record of delivering justice, including for some of the most vulnerable people in our society. Expert evidence gathered by the UK government’s own Independent Review demonstrates beyond argument that replacing the Act is not just unnecessary, but undesirable. The UK government’s plans are ill-judged and irresponsible,” he said.

“The Scottish government has repeatedly emphasised that there must be no changes to the Human Rights Act that would undermine or weaken existing human rights safeguards in Scotland, or indeed elsewhere in the UK.”

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England: Sheikh Mohammed divorce settlement highest ever

The divorce settlement that the ruler of Dubai has been ordered to make with his wife is the highest ever in an English court – standing at £554 million.

Sheikh Mohammed bin Rashid al-Maktoum, 72, posed a serious risk to his former wife Princess Haya Bint al-Hussein, 47, who fled to London with her children after her husband discovered she was having an affair with her bodyguard.

At the High Court in London it was revealed that the princess was blackmailed for £6.7 million by her lover, a married former British soldier as well as other members of her security team.

The previous divorce settlement record stood at £453 million – the sum Russian businessman Farkhad Akhmedov, 66, was ordered to pay his ex-wife, Tatiana, 49, before they agreed upon a deal of £135 million.

Princess Haya initially sought £1.4 billion in maintenance for her two children, as well as their security costs and compensation for assets Sheikh Mohammed had taken.

Mr Justice Moor ordered the prince to provide a £290 million bank guarantee in addition to a backdated £10 million payment providing lifetime security for the princess.

He was also ordered to give the princess a lump sum of £251 million for child maintenance and for her loss of jewellery and haute couture clothing she abandoned at the Beach Palace in Dubai. Finally, he was told to give a further £3m for the children's private education.

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Just Employment Law raises over £73,000 to raise awareness of pancreatic cancer

Glasgow lawyers Just Employment Law have raised an incredible £73,140 in an online auction held in November for Pancreatic Cancer Awareness Month (PCAM).

The auction raised vital funds for Pancreatic Cancer Action Scotland (PCAS), of whom Just Employment Law are long-term supporters.

Some of the highest-selling items included a rare copy of On Her Majesty’s Secret Service which was signed by Ian Fleming and sold for £11,030. A first edition set of The Karla Trilogy by John Le Carré sold for £6,500 and a limited edition Cartier Santos Dumont watch sold for £7,000.

David McRae, managing director of Just Employment Law, said: “Five years ago my eyes were opened to Pancreatic Cancer when I lost my mother. I simply could not believe the low survival rates; the lack of early detection; and the chronic lack of funding for this aggressive strain of cancer.

"From that point on I resolved to support PCAS to fund research and awareness. My colleagues and I at JEL are delighted to be in a position to support PCAS and are always humbled by the backing we receive from the business community and general public. We stand with all who are affected by this awful disease.”

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Hungary: Orban defies CJEU over immigration laws

Hungary's Prime Minister Viktor Orban has said his government will keep its controversial immigration laws, in defiance of an EU ruling.

The Court of Justice of the European Union last month ruled that Hungary's law criminalising lawyers and activists who helped asylum seekers fell foul of EU law.

Mr Orban said, however, that the country has no plans to change the rules.

The CJEU had ruled that Hungary broke EU law by making it an offence for people or groups to help migrants and refugees apply for asylum.

The country erected a razor-wire barrier on the border with Serbia and Croatia in 2015 as one million people, most of whom were fleeing Syria, entered the EU.

The government of Viktor Orban accused Hungarian-born US billionaire George Soros and others associated with him of encouraging the migrants. Its 2018 ‘Stop Soros’ laws made it an offence to help people make asylum applications.

Mr Orban said the EU's rules were "obsolete" in the face of "massive migration" since 2015.

"The reality is that we have to stop the migrants at the borders," he said. "This can be solved by one thing: changing the European asylum rules, but this process has not even started yet."

The leader also criticised the fact the EU is withholding pandemic funds until Hungary commits to democratic reform.

"The whole process, from the point of view of the unity and the future of Europe, is the most brutal sabotage. This is what shatters the EU," Mr Orban said.

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Quote of the day

Fascism, Nazism and Stalinism have in common that they offered the atomized individual a new refuge and security. These systems are the culmination of alienation. The individual is made to feel powerless and insignificant, but taught to project all of his human powers into the figure of the leader, the state, the "fatherland," to whom he has to submit and whom he has to worship.

Erich Fromm, 'The Sane Society New York' (1955)

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And finally... hot air

A barrister who claimed his colleagues had targeted him over farts he couldn't stop has lost his lawsuit against the English prosecution service.

Tarique Mohammed, who worked for the Crown Prosecution Service (CPS), told an employment tribunal that he couldn't stop farting because of his heart medication.

He alleged that his colleagues had embarrassed him and violated his dignity by asking him to stop, which he couldn't, The Times reports.

However, the tribunal said it "was not an unreasonable question to ask, when there had been repeated incidents of flatulence in a small office".

All of Mr Mohammed's claims were dismissed by the tribunal, but the CPS separately agreed to compensate him for not allowing a home-working arrangement to help manage his health condition.

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Made in Scotland – Engineering legal technology for the better

Over the last 300 years, Scottish scientists, engineers, and technology innovators have made discoveries and inventions that have changed our very relationship with the world around us.

Winston Churchill once said… “Of all the small nations of this earth, perhaps only the ancient Greeks surpass the Scots in their contribution to mankind.”  

That’s an incredible accolade but earned. As a small example of Scottish innovation, today, we take it for granted that surgery will be quick and pain-free, that mechanics and robotics can support the human body and that the water from our taps will be safe to clean and cook with. Yep, there’s a Scot behind all of those world changing innovations.

From the simple processes of everyday life to the cutting edge of 21st-century medicine and modern tech companies like Rockstar North (think ‘Grand Theft Auto’) and if we may be so bold; ourselves - Scotland remains at the heart of scientific and technological innovation. Think about it – Who was the Chief Engineer tasked with powering the Starship Enterprise to split the infinitive and ‘to boldly go’?

We Scots definitely “give it all we’ve got…(Captain!).”

Denovo

Ok so we haven’t been around for as long as the Starship Enterprise but over the last 30 years, our team of Scottish software developers, legal case management specialists, legal accountants, cashiers, and legal technology experts at Denovo Business Intelligence have been engineering and innovating software for the legal profession and we believe even James T Kirk would approve.

More recently we have been working intensively to create a software platform that does four simple jobs;

  1. Is customisable to all Scottish work types
  2. Is 100% accounts compliant
  3. Is developed in Scotland for Scottish law firms
  4. Make lawyers lives a hell of a lot easier.

Those have been the goals since day one. That’s our passion and hearing that what we have created is actually helping make a difference in the Scottish legal community is the biggest compliment we could ever receive.

People Make Scotland

Open, friendly, and helpful is how we Scots like to see ourselves and is built into our ethos here at Denovo; Indeed, this seems to be one of the main reasons that law firms are drawn to work with us. In many cases that’s the main reason firms partner with us - we’re just nice, normal folk, who know their stuff and who really want to help. Our software is incredibly impressive, of course, but the compliments we get more than any other is how fantastic and supportive our team are. You see, on top of their tech skills, Denovo people innovate, listen, support, guide, and advise. Some legal tech companies make much of features like ‘digital resources’, ‘online academies’, and virtual content. To be honest we do that too, but we genuinely believe that human interaction is the key to our success. Law firms want to talk to make sure this kind of software works for them, and we guarantee we’ll listen and work with them to always ensure it does.

Proud

Scotland is at the forefront of a future which will be forged in a digital world. It’s a world in which data and digital technologies are transforming every element of our working and personal lives. Here at Denovo we feel incredibly proud to be part of an industry who understands the importance of technological advancement in a modern society.

At Denovo, we also understand that it still needs that human connection to work and we do that very well.

If you want to have a chat with a bunch of passionate Scots about helping you make your business even better call us on 0141 331 5290. If you prefer to write to us our email is info@denovobi.com

And if you’re even just a wee bit curious then visit our website, denovobi.com +

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Global Language Services Ltd

Technology in the 21st Century is providing us with the means to communicate our thoughts and ideas across the planet in a way that would have been unthinkable, even 10 years ago.

However good the technology is, it cannot pick up the subtleties of a language, the culture that underpins it, or even the humour that oils many of our conversations.

For this reason there has always been a need for skilled interpreters and translators and probably always will. That’s where Global Language Services Ltd can help you.

Not only do we have the language service talent that you are likely to need, we also have a track record that spans Government, health, justice, commercial and private sector contracts.

So, whatever you want to achieve in a different language, we’re on your side from the word ‘go’.

We go out of our way to help with any translation and interpreting requirements and you can test that simply by picking up the phone and getting in touch. Calls are answered by trained operators with no call centres – just real people determined to help you achieve your language service requirements as quickly as possible.

If you’ve been searching for Professional Translation or reliable Interpreting Services at competitive prices, we like to think that Global will be your long-term partner after your first project with us.

With offices in Glasgow, Edinburgh, Inverness and Aberdeen we are committed to finding local interpreters and translators wherever possible. Our reach, however, goes much further than Scotland and we are happy to take translation projects from across the world.

Call Today on 0141 429 3429 to discuss your Project or email mail@globallanguageservices.co.uk

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Latest Traineeships

Traineeship – TC Young

TC Young are looking to recruit a trainee solicitor for 2022. This will be a 2 year fixed term, office based contract, in our Edinburgh Court team, but will remain under review and ultimately be determined by the needs of the firm.   Suggested start date of September 2022.

This role may involve some travel; between our Edinburgh and Glasgow offices and attendance at courts throughout Scotland. (A clean driving licence and car would therefore be advantageous).

All of our traineeships involve extensive client contact, working in small teams, where you will receive considerable support. Throughout the firm there is a strong commitment to ensure staff enjoy a good work-life balance.

What we are looking for ….

  • Excellent communication skills – written & oral
  • Good research skills
  • Reliable individuals with excellent attention to detail
  • Ability to prioritise and manage case load effectively
  • Strong business awareness of deadlines and working under pressure
  • Individuals who understand the need to balance initiative with careful supervision!

What you can expect …   In return, we offer a friendly office, structured training (all TCPD paid for by the firm), 33 days holiday and a generous pension.   Our firm has held IiP accreditation since 1997.

At TC Young we are proud to be a friendly firm that cares passionately about our staff.  The partners feel strongly that it is beneficial when people enjoy their job and work hard to ensure they do.  We have several staff members (lawyers and support staff) who joined us over 30 years ago; who would confirm they stay with us because they like their job and the environment they work in, they’ve had excellent training opportunities and feel supported.

Application forms can be obtained by clicking here. NB CVs will not be considered.

  • The closing date for applications is 12pm on 13/01/22. Please allow sufficient time to submit your application as any applications received after this deadline will not be considered.

You may also find the following blog of interest 'top tips when completing a trainee application form

A copy of our privacy notice can be found here

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Latest Jobs

Legal Services Manager – Scottish Fire and Rescue Service

£55,848 - £60,141

The Scottish Fire and Rescue Service would like to invite applications for the post of Legal Services Manager on a permanent basis based at West SDA Headquarters, Hamilton. This is a full-time opportunity, working 35 hours per week.

This is an exciting and unique opportunity to join the Scottish Fire and Rescue Service's Legal Team. The successful candidate will be required to provide Strategic level legal advice to the Scottish Fire and Rescue Service's (SFRS's) Director of Strategic Planning, Performance and Communications Directorate and the Services strategic managers. You will provide effective delivery of a range of legal services for the SFRS as a whole and in particular legal work associated with litigation, ensuring legal correctness of Policy and Procedure generated by the SFRS, horizon scanning for changes in the legislative environment the service operates in and to provide legal advice and assistance as required.

For an informal discussion about the role contact –

Sharon Clelland, Legal Services Manager via email - sharon.clelland@firescotland.gov.uk

Closing Date: 12 Jan 2022

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Solicitor (Litigation) – Scottish Fire and Rescue Service

£35,313 - £38,940

The Scottish Fire and Rescue Service would like to invite applications for the post of Solicitor (Litigation) on a permanent basis based at West SDA Headquarters, Hamilton. This is a full-time opportunity, working 35 hours per week.

This is an exciting and unique opportunity to join the Scottish Fire and Rescue Service’s Legal Team (SFRS). It is key role working as part of a small, but busy Legal Services Team. Reporting to the Senior Solicitor (Litigation) and Legal Services Manager. You will be required to deliver a comprehensive range of multi-disciplinary legal services to the SFRS. In particular, legal work associated with employment law (contentious and non-contentious), enforcement, data protection and freedom of information.

For an informal discussion about the role contact –

Sharon Clelland, Legal Services Manager via email - sharon.clelland@firescotland.gov.uk

For further information and to apply please click here

Closing Date: 12 Jan 2022

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Solicitor (Commercial) – Scottish Fire and Rescue Service

£35,313 - £38,940

The Scottish Fire and Rescue Service would like to invite applications for the post of Solicitor (Commercial) on a permanent basis based at West SDA Headquarters, Hamilton. This is a full-time opportunity, working 35 hours per week.

This is an exciting and unique opportunity to join the Scottish Fire and Rescue Service’s Legal Team (SFRS). It is key role working as part of a small, but busy Legal Services Team. Reporting to the Senior Solicitor (Commercial) and Legal Services Manager. You will be required to deliver a comprehensive range of multi-disciplinary legal services to the SFRS. In particular, legal work associated with contracts and procurement.

For an informal discussion about the role contact –

Sharon Clelland, Legal Services Manager via email - sharon.clelland@firescotland.gov.uk

For further information and to apply click here

Closing Date: 12 Jan 2022

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Solicitor – University of Dundee

Organisation

University of Dundee

Contract Type

Fixed Term – until August 2024

Location

Dundee

Salary

Grade 8 (£42k+ dependent on experience)

 Fixed term – until August 2024

The University of Dundee purpose is to transform lives.

The University’s Legal Team helps by protecting and informing the University in relation to legal risks across its business areas.

We develop close working relationships with other parts of the organisation and pride ourselves on being part of the conversation at the heart of the University.

Job description

Are you seeking a role where you can make your own mark?

We are looking for a talented individual to join our lively, pioneering, and friendly Legal team. Reporting to the Director of Legal, you will be given an exceptional and fulfilling role where your advice will have real impact on an inspirational international organisation.

We need someone who is motivated to get involved in a wide variety of work related to collaborations with international aspects. You will be working alongside some very smart people who are leaders in their field, in a supportive learning environment.

We are interested in speaking to you if you are inspired by this challenge and wish to make your own impact in this global organisation. Application of creative commercial judgement to legal issues will be central to success.

You will be a qualified lawyer with an unrestricted practicing certificate. The University is currently operating on a hybrid working policy pilot and flexible working policies are available.

Whilst previous in-house and commercial/corporate experience is desirable it is not essential, and we will consider the right candidate.

If you are interested in applying, please submit your note of interest together with your CV to u.z.sarwar@dundee.ac.uk.

A full job description is available on applying.

The University of Dundee is an equal opportunity employer.

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Legal Vacancies – East Dunbartonshire Council

Are you a solicitor or a paralegal seeking to join a successful, commercially focussed and multi-skilled in-house legal team?

East Dunbartonshire Council is looking for talented, adaptable and enthusiastic legal professionals to enrich our growing legal services team, and provide insightful, proactive and commercial legal support in a post-Brexit and Covid-19 context.

We have a Litigation & Licensing Team, a Commercial Team and a City Deal Project Team and have the following vacancies:

  • Solicitor – Commercial Team – Permanent – experience in Construction Law would be beneficial.
  • Solicitor – Commercial Team – Temporary
  • Solicitor – Litigation and Licensing Team – Permanent – experience in Licensing Law would be beneficial.
  • Solicitor – Litigation and Licensing Team – Temporary
  • Paralegal – City Deal Project Team – Permanent

What do we need?

Experience in a variety of areas including construction, property, data protection, housing, general litigation and/or licensing; experience is desirable but enthusiasm, flexibility and a commitment to working in local government are essential.

You should have initiative, excellent communication, influencing and people skills and a positive and pragmatic approach. A ‘can do’ attitude and a willingness to provide a first-class, solutions-focused service to the Council is essential to all roles, with a willingness to take on new challenges, sometimes on a daily basis.

What you can expect

In addition to a competitive salary, all the benefits of working for a public sector organisation apply, and you will joining a friendly, supportive and talented in-house legal team.

For full details and role profiles please visit:

www.myjobscotland.gov.uk

For further information or to arrange an informal chat, please contact Andrew McLaughlin, Acting Legal Manager, by email to Andrew_McLaughlin@eastdunbarton.gov.uk

Closing date for all applications is 9 January 2022.

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Administration Assistant – Weightmans

 
Role profile: Role Profile Level 1A
PQE: Not applicable
Term: Permanent
Working hours: Full-time (Monday to Friday 9.00am to 5.00pm)
Division: Litigation, Transaction and Advisory
Team: Real Estate Newcastle Glasgow
Location: Glasgow
The Firm

Weightmans is a Top 45 law firm with offices throughout the UK. Having been recognised as the leading legal employer at the annual Britain's Top Employers awards 2021 and achieved record rankings in Chambers UK.

The independent research showed "Weightmans provides exceptional employee conditions, nurtures and develops talent throughout all levels of the organisation."

We are truly committed to fostering a culture of equality and diversity, where each individual in the firm is respected and recognised on merit for the work that they do.

We strongly encourage applications from people of all ethnicities, genders, sexual orientations and disabilities. Please let us know if you require any reasonable adjustment at any stage of the application process.

Please feel free to note your preferred pronouns in your application.

Work for a firm where people matter – work for Weightmans.

As well as being immensely proud of the work we carry out for our clients and the culture we provide to our people we offer a wide range of benefits including;

  • 28 days’ annual leave plus bank holidays (pro rated for part time)
  • Agile / working from home including provision of home office equipment
  • Healthcare cover/ Medicash
  • Pension plan
  • Life Insurance 4 X salary
  • Interest free travel loan scheme
  • Employee Assistance Programme including counselling, legal and consumer advice service
  • Discounted gym membership
  • Discounted dental scheme
  • Cycle to work scheme
  • Offers & discounts
  • Great reward and recognition scheme
  • Social Committee and CSR committee on each site
The Department

Our national Real Estate team provides a complete range of legal and advisory services on all aspects of commercial property for both the public and private sector. We advise on and draft heads of terms, development agreements and associated construction, planning and site disposal matters, funding arrangements, freehold transfer and associated due diligence procedures, grant assignment and lease renewals. Our clients range from investors, developers, infrastructure operators,  major retailers, leisure operators, local authorities, the education sector and healthcare providers. We have been involved in a range of projects from £100 million city centre regeneration schemes to smaller bespoke ventures. Our service includes the management of large property portfolios for occupiers and investors.

The role

To undertake transactional support and administrative tasks predominantly within the commercial Real Estate team in Glasgow, and to provide administrative support to the Corporate and Employment teams when required.

 

Main duties

  • Managing title/lease and ancillary documentation and preparing data sites using HighQ or similar
  • Helping with transaction documentation, letter templates, ordering and managing searches, preparing documents for execution and arranging the execution process
  • Assisting with LBTT returns, Land Register registrations and Companies House filing
  • Preparing document bundles and inventories
  • Providing other more general transactional support
  • Opening new case files/matters
  • Closing and archiving files
  • Working in accordance with required processes and procedures
  • Performing other general administrative tasks

The above list is not intended to be exhaustive and you will be required to perform other tasks that fall within the wider remit of the role. Training will be provided in relation to the specific transactional tasks.

The person specification
  • Prior legal experience either as an administration assistant, legal secretary, assistant paralegal or PA would be beneficial, especially within real estate
  • Excellent communication skills
  • Ability to work as part of a team and on own initiative
  • Excellent organisational skills
  • Ability to prioritise tasks and manage time
  • Excellent IT skills
  • Enthusiastic and flexible approach
Other Information

Please note:

  • Any reference to experience or PQE in our adverts or job descriptions is to be used as a guideline only. We welcome applicants from all backgrounds and with different levels of experience who can demonstrate that they fulfil the requirements of the role.

 

  • The successful candidate appointed to this role will be subject to our standard background checking process, and any offer of employment made is conditional upon successful completion of those checks. Further details can be obtained from the Recruitment team.

 

  • We are open to part time/job share applicants.

 

  • We're committed to diversity and inclusion and to creating an environment where everyone can reach their full potential.  For more information please click  on the following link:

https://www.weightmans.com/about-us/diversity-and-inclusion

Apply here

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Solicitor – Clinical Negligence Team (3-5 years’ PQE) – Digby Brown Solicitors

Full-time, Permanent

Glasgow/Edinburgh

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 10 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 – 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.

Due to ongoing growth within the business, an opportunity has arisen for a client-focused litigator to join our Clinical Negligence Team in either the Glasgow or Edinburgh office.

This post will suit a qualified lawyer who has between 3 and 5 years’ PQE in pursuer PI work - strong litigation skills are key and the successful candidate should have experience of ASPIC and Court of Session. Whilst direct experience of Clinical Negligence work would be advantageous, this is not a requirement – it may be that you currently work in another area of PI law and are looking to challenge yourself with more complex and high-value work.

We are looking for someone who has 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. Most importantly, we are seeking a team player – someone who can manage their own case holding, whilst also supporting others in the team with more complex cases.

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 Friday 7 January 2022.

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5+PQE Construction Insurance Solicitor – DAC Beachcroft

As part of our growth and strategy, DAC Beachcroft is looking to recruit a 5+PQE Construction Insurance Solicitor to work alongside a Partner to build a practice out of our Glasgow office.

You will play an active role in the development, growth and success of the team in collaboration with our wider practice across Scotland, the North of England, nationally and internationally. You will act for all the main insurers and their developer, contractor and consultant insureds and will deal with the full spectrum of construction insurance work, across professional indemnity, project and CAR policies, involving policy cover, defence of claims and recovery. In return you will be intellectually challenged, but treated with respect within an environment where you can enjoy industry-leading work quality without compromising on client contact and business development and a position that offers genuine flexibility to allow you to meet your personal and work commitments.

For more information on this role (reference DACB/TP/28986/1334) and others and also in order to apply please go to https://apply.dacbeachcroft.com/jobs/search

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Criminal Solicitor (1 – 4 Years' PQE) – Thompsons Solicitors Scotland

Thompsons Solicitors Scotland is a distinctive law firm dealing with personal injury, employment law and professional disciplinary cases. Due to departmental expansion, we are seeking solicitors to represent private, non-legal aid clients and trade union members in the criminal courts.

You will be responsible for your own case holding comprising primarily of criminal matters, with occasional Fatal Accident Inquiry and civil litigation involvement. You will be familiar with both criminal and civil court procedure, and have the confidence and experience to run criminal and civil cases from inception to conclusion, including Advocacy where required. Experience of Fatal Accident Inquiries is not essential, as training will be given.

This is a varied and challenging role, but one where the suitable candidate will have the chance to rapidly develop their career. Working directly with the Supervising Partner, you will be required to liaise with and provide advice to trade union officials, as and when required, and will be expected to travel with the Thompsons delegation to trade union conferences and meetings.

Representing trade union members mean we cover the whole of Scotland, thus a car driver is preferred. We offer competitive rates of pay and market leading terms and conditions, including flexible working. If you are ready to take the next step in your career and truly excel within the field, then you should Talk to Thompsons.

To apply please email a covering letter with your CV to Susan Lyons - susan.lyons@thompsons-scotland.co.uk quoting ARO1 in the subject heading.

Closing Date: 22 December 2021

https://www.thompsons-scotland.co.uk

No agency contact at this stage please.

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Employment Solicitor/Senior Solicitor, Glasgow – Jackson Boyd Lawyers

Solicitor/Senior Solicitor depending on experience

Employment Department

Glasgow City Centre – initially home working before moving to a blend of office and remote working

Full time (35 hours), Permanent

Competitive Salary

Reports to: Partner

 

Description of Role:

Jackson Boyd are ranked as a leading firm by both Legal 500 and Chambers and Partners.

We are currently looking for a Solicitor/Senior Solicitor (dependant on experience) to join our Employment team.

The successful candidate will be responsible for representing Claimant and Respondent clients in Employment Tribunal cases, as well as providing advisory services.

We require a driven and professional individual, with experience in employment law.

About Us:

Jackson Boyd are a leading litigation firm in the areas of Dispute Resolution, Personal Injury, Medical Negligence and Employment Law.

We aim to provide a positive and supportive working environment for our team. We have been awarded a Platinum Accreditation by Investors in People and also hold the Investors in Young People Good Practice Award.

We are based in modern office accommodation in the centre of Glasgow. We provide regular internal training for our staff, flexible and remote working opportunities and operate a “dress for your day” policy.

We offer our clients the highest level of expertise offered in a caring and compassionate way. From 1,093 reviews of our service on Trustpilot, 99% of our clients rate us as “Excellent” or “Great”.

Key Responsibilities:

  • Managing a diverse caseload of contentious employment work, and operating a sophisticated case management system
  • Responsibility for all Employment Tribunal proceedings including drafting pleadings, taking witness statements and appearances at the Employment Tribunal
  • Responsibility for all client communications
  • Complying with strict service level standards

Experience Required: 

  • NQ - 2 years' PQE, with experience in employment law.

Knowledge and Skills Required: 

  • Good written and verbal communication skills, including the provision of clear and concise advice
  • Strong legal knowledge, analysis and experience
  • Analytical ability and commercial focus, including assessing problems and information, evaluating options and risks and identifying appropriate solutions
  • A conscientious and commercial approach to delivering a service that is of value and meets clients' needs.
  • Ability to develop and maintain sound technical legal knowledge
  • Excellent interpersonal skills with the ability to build relationships, influence and gain the respect of colleagues
  • Well organised with strong administration and time management skills with the ability to work efficiently, adhere to service level standards and comply with deadlines.
  • Ability to work autonomously, accepting responsibility for personal caseload
  • Competent user of IT systems in order to maximise efficiency and effectiveness
  • Demonstrates the willingness and ability to develop own knowledge and skills in line with business requirements

Application Process

To apply for this role, please visit our careers section at http://www.jacksonboyd.co.uk/about-us/work-for-us/ or send an up to date CV along with a covering letter and salary expectations to jobs@jacksonboyd.co.uk.

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Private Client Paralegal/Solicitor (0-3years' PQE) – Stuart & Stuart

Fixed term post to cover maternity leave until Feb 2023

35 hours per week

We are seeking a Paralegal or junior Solicitor to join our busy private client department in our Edinburgh office to cover for maternity leave until, at least, February 2023. Diploma graduates may also be considered. The position is office based but hybrid working may be introduced.

The successful candidate will be working directly under the Head of Department and will be responsible for their own caseloads whilst assisting the department’s solicitors in all areas of private client work. The ideal candidate for this position will have proven private client experience, a strong work ethic, exceptional organisation and problem-solving skills and will be comfortable working in a fast-paced and busy workplace.

KEY RESPONSIBILITIES/DUTIES include but are not limited to:

  • Managing own caseload
  • Dealing directly with clients and third parties
  • Drafting wills and powers of attorney
  • Administering executries (may include high-value estates if sufficiently experienced)
  • Assisting with asset protection and capital gains tax mitigation in relation to executries
  • Power of attorney registration through EPOAR
  • Dealing with enquiries
  • Managing a high volume caseload with minimum supervision
  • Complying with our Anti-Money Laundering and Risk Assessment procedures/processes
  • Producing fee notes and small executry accounts when required

SKILLS REQUIRED:

  • Paralegal qualification / Qualified solicitor in Scotland (0-3yrs)
  • Previous private client experience
  • Excellent written and oral skills
  • Good time management skills
  • Excellent I.T. skills
  • Good team player
  • A pro-active approach to work
  • Able to work under pressure
  • Good problem solving skills

 

DESIRABLE (BUT NOT ESSENTIAL):

  • Registered with the Law Society of Scotland
  • STEP membership – student or full
  • SOLAS membership

SALARY:

A competitive salary is on offer and is aligned with applicants knowledge, skills and experience

APPLICATION PROCESS (NO AGENCIES PLEASE):

To apply for the position please email your CV and covering letter to cscott@stuartandstuart.co.uk

PRIVACY POLICY:

Please see the ‘Privacy Policy’ on our website (www.stuartanddstuart.co.uk) for an explanation about how we use information we collect from you.

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Senior Associate, Non-Contentious Construction – Dentons

Glasgow, Edinburgh or Remote

Purpose of role

A unique opportunity has arisen for an enthusiastic and ambitious Senior Associate to join our growing non-contentious construction team either in our offices in Scotland or in a virtual capacity (from any location within the UK), acting in connection with local, UK-wide and international projects. The successful candidate will provide non-contentious construction support in respect of a variety of projects in the real estate development and investment, energy, transportation and infrastructure sectors.

Our UK team is going through a period of substantial growth meaning that a successful candidate would have significant opportunity to progress into a more senior role in the future and will benefit from Dentons award winning career progression support programme aimed at encouraging and growing our employees’ talent and career goals.

Given the range of sectors and jurisdictions in which the team works a successful candidate would gain experience acting on major projects for high profile clients across the whole of the UK and internationally as well as retaining a base load of domestic construction work. A successful candidate will have the opportunity to work both independently running matters and fronting client relationships whilst also working as part of a large cross-office team and having the benefit of the support network that this provides.

Responsibilities

  • Supporting and leading on a large variety of transactions;
  • Building and maintaining existing client relationships;
  • Contributing to market knowledge;
  • Contributing to business development.

Required experience, skills and attributes

  • Strong academic background;
  • Experience of the UK infrastructure and real estate markets preferable but not essential;
  • Scottish or English qualified preferable but not essential;
  • Experience of Construction Contracts (including main standard forms), consultant appointments, collateral warranties preferable;
  • Wider experience of EPC contracts, operational and maintenance agreements, project agreements would be beneficial but not essential;
  • Experience in working on projects in one or more of  the real estate, energy, transportation and/or PPP sectors preferable not essential;
  • Strong team player.

But why Dentons?

During an unprecedented period, we have supported each other more than ever. We have listened and learned from our colleagues to find new ways to become even more connected and to build on our team's strengths all around the globe. This new dynamic has been a success and our talent and achievements continue to grow. With 33 new office openings and 325 awards globally, Dentons was the most awarded firm in the world in 2020.

Our working environment is dynamic, supportive and progressive. It enables our people to fulfil their potential by offering a world-class talent development programme and follows our vision to be the "law firm of the future". A key part of our Diversity and Inclusion strategy is to attract, retain and progress the best talent and to be the most inclusive culture where people from all backgrounds thrive and achieve their full potential. 

If you are interested in discovering more about this opportunity, please follow the link for a detailed job description and apply yourself.

https://www.allhires.com/dentons/PositionDetail.aspx?id=1593&a=&n=&returl=%2fdentons%2f

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Commercial Litigation Associate/Legal Director – Thorntons

Commercial Litigation
Associate/Legal Director
Flexible on Location

Thorntons’ Commercial Litigation team has extensive experience across Scotland in a wide variety of contract disputes and we work closely with our clients to achieve the best outcome. Thorntons continues to expand and we are looking to make a senior level appointment to this team based from any of our locations.

Where every day is different

In joining us you will be working for a wide variety of individuals, businesses and educational clients and will handle a diverse range of disputes including contract disputes, professional negligence claims, company disputes, insolvency, property disputes and debt recovery. Our team are regularly engaged in both Sheriff Court and Court of Session cases as well as Alternative Dispute Resolution, where appropriate, including mediation and arbitration.

About you

We are looking to appoint an experienced candidate into a senior level role which can be based from any of our locations with flexibility to include home working. You will a solid bank of litigation experience, ideally with the confidence and technical expertise to manage complex cases and a busy caseload and to supervise and mentor more junior members of the team. You will ideally have some experience of both running substantive hearings in the Sheriff Court and instructing Counsel in Court of Session proceedings. We are interested in commercially focussed lawyers with great communication skills who are committed to the highest standards of client care.

About us

Thorntons is one of the largest and most respected full service law firms in Scotland, working with a broad range of clients across the private, public and third sectors. The strength of our foundations and diversity combines with an innovative and people–centred approach, differentiating Thorntons from many other law firms and resulting in significant growth in recent years, with ambitious plans for further expansion. Throughout our expansion, our focus has remained with our clients, colleagues and communities and people are at the heart of everything that we do.

We are progressive and ambitious. While we expect high standards from our people, we recognise and value the contribution they make to our business – and our success. We see the whole person, not just the person in the workplace – and we’re aware that our people have busy lives outside work. It’s simple common sense: do our best for our people and they’ll do their best for us.

At Thorntons we pride ourselves on doing what is right, and as two time winners of the Scottish Business Insider Employer of the Year Awards you can see why our People choose, and enjoy a career with Thorntons.

Hours

  • Monday - Friday, 9am - 5pm, 35 hrs per week. (Happy to talk flexible working options)

Benefits

  • Competitive Salary
  • Investment in Training, Development and Career Advancement Opportunities
  • 25 days holiday (rising with length of service to 30 days) plus 7 public holiday
  • Contributory Pension Scheme
  • Healthcare Cash Plan
  • Corporate Discounts
  • Cycle to Work

Please apply online at www.thorntons-law.co.uk/careers or send a CV to peopleteam@thorntons-law.co.uk

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Commercial Litigation Solicitor/Senior Solicitor – Thorntons

Commercial Litigation
Solicitor/Senior Solicitor
Dundee

Thorntons’ Commercial Litigation team has extensive experience across Scotland in a wide variety of contract disputes and we work closely with our clients to achieve the best outcome. Thorntons continues to expand and we are looking to appoint additional skilled litigators to our team.

Where every day is different

In joining us you will be working for a wide variety of individuals, businesses and educational clients and will handle a diverse range of disputes including contract disputes, professional negligence claims, company disputes, insolvency, property disputes and debt recovery. Our team are regularly engaged in both Sheriff Court and Court of Session cases as well as Alternative Dispute Resolution, where appropriate, including mediation and arbitration.

About you

You will have some previous experience in any area of litigation and be keen to join a commercial litigation team with a varied caseload. You will ideally have experience of appearing in the Sheriff Court and exposure to Court of Session proceedings. We are interested in commercially focussed lawyers with great communication skills who are committed to the highest standards of client care. This role will be based in our Dundee office with the flexibility to work from home part of the week.

About us

Thorntons is one of the largest and most respected full service law firms in Scotland, working with a broad range of clients across the private, public and third sectors. The strength of our foundations and diversity combines with an innovative and people–centred approach, differentiating Thorntons from many other law firms and resulting in significant growth in recent years, with ambitious plans for further expansion. Throughout our expansion, our focus has remained with our clients, colleagues and communities and people are at the heart of everything that we do.

We are progressive and ambitious. While we expect high standards from our people, we recognise and value the contribution they make to our business – and our success. We see the whole person, not just the person in the workplace – and we’re aware that our people have busy lives outside work. It’s simple common sense: do our best for our people and they’ll do their best for us.

At Thorntons we pride ourselves on doing what is right, and as two time winners of the Scottish Business Insider Employer of the Year Awards you can see why our People choose, and enjoy a career with Thorntons.

Hours

  • Monday - Friday, 9am - 5pm, 35 hrs per week. (Happy to talk flexible working options)

Benefits

  • Competitive Salary
  • Investment in Training, Development and Career Advancement Opportunities
  • 25 days holiday (rising with length of service to 30 days) plus 7 public holiday
  • Contributory Pension Scheme
  • Healthcare Cash Plan
  • Corporate Discounts
  • Cycle to Work

Please apply online at www.thorntons-law.co.uk/careers or send a CV to peopleteam@thorntons-law.co.uk

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Dual Qualified Commercial Property Lawyer, Glasgow – Harper Macleod LLP

Our award winning Commercial Property team is looking for a dual qualified solicitor to join us.

The Commercial Property team deals with commercial purchases and sales, leases and estate management work and offers an excellent opportunity for talented and driven lawyers. You will have direct client contact, opportunity for business development and support to make the most of your talent. There is huge opportunity in our business to grow a fantastic career.

This role will involve general commercial property work including acting for both landlords and tenants in commercial leases in Scotland and England, purchases and sales of commercial properties in Scotland and occasionally in England, providing estate management advice to clients in relation to properties in both jurisdictions. You will also provide commercial property support to our Corporate and Banking teams in relation to both Scottish and English properties, as well as generally assisting our clients across a variety of sectors.

Let your ambitions and ours go hand in hand

At Harper Macleod you’ll be part of a collective effort that is never satisfied: celebrating the successes 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.

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 the law, but you also know that there’s much more to being a lawyer than that.

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 2020. 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 a CV and current salary details to Kirsty Hunter, kirsty.hunter@harpermacleod.co.uk

www.harpermacleod.co.uk

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Property Solicitor (Rural), NQ–2 years PQE – Harper Macleod LLP

We are looking for a solicitor to join our market-leading Property and Estates team. In addition to being at the forefront of both Natural Capital and Land Reform in Scotland, we advise on all aspects of rural property. The successful candidate will join a leading independent Scottish law firm with offices in Glasgow, Edinburgh, Inverness, Elgin, Lerwick and Thurso.

You will work closely with market-leading experts and deliver advice to and results for a wide range of public and private sector client’s including Scotland’s biggest landowner and other leading rural sector bodies.

The role would suit a newly qualified solicitor who has completed a property seat to work on property purchases and sales and associated land management. You must have good communication skills and a desire to develop professionally within a collegiate environment. 

Knowledge of rural property transactions may be beneficial but is not essential. Training will be provided as required.

Let your ambitions and ours go hand in hand

At Harper Macleod you’ll be part of a collective effort that is never satisfied: celebrating the successes 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.

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 the law, but you also know that there’s much more to being a lawyer than that.

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 2020. 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?

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

To apply please send a CV and current salary details to Rona Cargill, HR Director
 
rona.cargill@harpermacleod.co.uk

www.harpermacleod.co.uk

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Corporate Lawyer, 3+ years PQE – Harper Macleod LLP

Ranked among the country’s leading dealmakers, Harper Macleod’s Corporate team continues to grow and we’re looking for a lawyer who has the drive and ability to join a group advising some of Scotland’s leading businesses.

Your role

You will work with Partner Paula Skinner and her team, advising diverse and exciting clients including entrepreneurs at all stages of their business life cycle, from start up to eventual exit. Joining a close-knit and fast paced team, your role will involve advising on investments, acquisitions and disposals along with shareholder arrangements and share incentivisation schemes.

You will be a self-starter, able to work well within a team environment and be capable of dealing directly with a high volume of varied client enquiries with excellent technical skills and attention to detail. Applicants must have corporate transactional experience and at least 3 years PQE. You will be able to take a transaction from beginning to end and have good drafting skills. You must have the ability to competently manage the day to day aspects of transactions and support the team.

This role would be ideally suited for someone who wants to progress in their career and is comfortable with a significant amount of client contact. This role will provide a platform for someone to take a step-up in their next role.

The entrepreneurial team forms part of the wider corporate department, a team of 30 people and continues to grow. We’re currently ranked in the Top 4 in Business Insider Deal & Dealmaker’s magazine and year on year, we are increasing our deal numbers. There is huge opportunity in our business to grow a fantastic career. We give our people a level of responsibility they are ready for – rather than a PQE way of working – so if you’re an ambitious self-starter, this is the role for you.

Let your ambitions and ours go hand in hand

At Harper Macleod you’ll be part of a collective effort that is never satisfied: celebrating the successes 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.

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 the law, but you also know that there’s much more to being a lawyer than that.

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 2020. 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?

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

To apply please send a CV and current salary details to Rona Cargill, HR Director
 
rona.cargill@harpermacleod.co.uk
 
www.harpermacleod.co.uk

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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 e.g. compressed hours
Contract type: Permanent
Location: Based at Longmore House, Edinburgh (with home/ hybrid working possible and encouraged)

**PLEASE NOTE - Qualifications requirement amended to clarify that we will consider applications from solicitors holding practising certificates from the Law Society of England & Wales, and possibly other jurisdictions - updated 6 December 2021**

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 with a focus on IP issues, 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 and IP issues. 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 approximately 2 years’ PQE, you will have experience in commercial contract drafting, advising on intellectual property law, particularly copyright and trade marks 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.

Closing date: Wednesday 22 December 2021 (midday).

Click here for more information

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Head Of Department – Johnson Legal

Salary: £50,500 - £85,000 plus bonus and pension
Location: Edinburgh \ WFH

Use your talent to shape our future

Who we are

We are a longstanding, boutique legal firm based in Edinburgh‘s West End. We pride ourselves on our excellent relationships with our clients and with other professionals. Our most important principle is that our clients know that we care about them.

The role

We have a well-established Private Client team supported by an experienced paralegal. We need a dynamic Head of Department. The right candidate will be at either partner or associate level.

Our private client work is for individuals and their businesses. Our people are supported by excellent knowledge management, a rich training programme and a supportive culture. If you invest the time in us, we will invest the time in you.

About you

We want someone ambitious and motivated to drive the business forward into the Exizent era. This is a real opportunity to lead and grow a team: the sky is the limit!

You must be a qualified Solicitor with current practising certificate from the Law Society of Scotland. STEP qualifications are an advantage. You’ll have an excellent understanding of private client law (including wills, executries and trusts), 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 to produce timely and bespoke advice. As a strong communicator, you’ll be able to make effective decisions, manage and work to deadlines. Ideally you will have experience of working with cloud based practice management systems.

For more information or to apply in confidence please email david@johnsonlegal.co.uk

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Legal Executive/Senior Legal Executive – BTO Solicitors LLP

Legal Executive/Senior Legal Executive – Wills, Estates and Succession Planning (WESP)
Helensburgh
Full time position

An opportunity has arisen for a Legal Executive or Senior Legal Executive to join our WESP department to carry out legal administration activities in respect of Estates, Trusts, Power of Attorney administration and Guardianship administration.

The successful candidate will work in conjunction with, and under the supervision of, solicitors in the department managing busy caseloads of legal administration ensuring that case files are opened and kept up to date, and that fee targets are met.

This role is predominantly based in our Helensburgh office, but we are open to considering a hybrid arrangement of working from home and in the office. Flexibility to travel to our other offices in Glasgow and Edinburgh may be required from time to time.

Key responsibilities include:

  • Attending meetings with families/executors in order to collect information regarding the deceased’s assets
  • Writing letters to obtain information from all relevant third parties, e.g. Banks, Stockbrokers to obtain a full list of assets and debts due at the date of death
  • Preparing the application for Confirmation (C1) and the relevant IHT forms required by HMRC dependent upon the value of the estate, fully consider the IHT position and arrange for payment of any IHT liability and liaise with HMRC to obtain IHT clearance
  • Lodging all papers with the appropriate Sheriff Court to obtain Grant of Confirmation
  • Considering Legal Rights, settling legacies and specific bequests under the terms of the Will
  • Completion of Trust and Estate Income tax return to include CGT and relevant R185EI’s for residual beneficiaries.
  • Preparing Executry account for approval by the executors and residuary beneficiaries
  • Settling remainder of the estate to the residual beneficiaries.
  • General administration of Trusts incorporating the preparation of annual accounting
  • Building and maintaining ongoing relationships with Trustees, beneficiaries and any other relevant third parties, such as stockbrokers/ IFAs
  • Ensuring that the Trust’s annual tax position (income and CGT) is monitored and the appropriate returns are made to HMRC
  • Ensuring payments are made to beneficiaries within the terms of the Trust Deed and relevant R185s are issued to beneficiaries
  • If appointed by the Adult/Attorney, undertake daily financial administrative tasks on behalf of the Adult, including liaising with financial institutions, social workers, care homes and other third parties
  • Reporting to the Attorney and preparing financial accounting as required
  • Maintaining full and accurate financial records, and obtaining advance approval from the Office of the Public Guardian as required
  • Preparing annual accounts and reporting same to the Office of the Public Guardian within the relevant time frame.
  • Supporting clients on an as and when required basis, fulfilling a range of legal administration and welfare functions
  • Managing credit balances in accordance with Law Society of Scotland guidelines
  • Achieving and seeking to exceed the chargeable time recording/fee earning targets
  • Supporting the private client department on various legal administrative duties as required
  • Attending in-house seminars to keep knowledge of the law and legal administration procedures up to date
  • Cross-referring any marketing opportunities to other departments as appropriate
  • Carrying out any other reasonable duties as required

Essential knowledge, skills and experience required include:

  • Effective communication and client relationship building skills
  • Knowledge of the law, including testate and non-testate succession, gained through education and/or work experience
  • Executry Paralegal and SOLAS qualified
  • Experience of working in a legal office and in Estates procedures
  • Adherence to ethical standards and rules of professional responsibility
  • Attention to detail and ability to prioritise heavy workload to meet tight deadlines
  • Well-developed communication and interpersonal skills
  • Numerate, and comfortable using spreadsheets
  • Self-starter and team player

A STEP qualification, paralegal qualification, or membership of the National Association of Registered Paralegals would be advantageous.

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: Thursday 23 December 2021

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Conveyancing Paralegal/NQ Conveyancing Solicitor – Laurie & Co

We are looking for a highly motivated and efficient Conveyancing Paralegal/Newly Qualified Conveyancing Solicitor to join our residential property team.

The successful applicant will have a good working knowledge and understanding of all aspects of residential property conveyancing, excellent communications skills, a collaborative work ethic and a progressive approach to continuous improvement.

This particular role within the team requires that you should have relevant experience in all aspects of property conveyancing work including sales, purchases, title transfers, mortgage securities and remortgage transactions. The role will include both conveyancing and administrative support, including document preparation, forms submission and transcription of correspondence.

If you are interested please send your CV to: Stephanie Mann at stephanie@laurieandco.co.uk

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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.

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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

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Events

Essential Business and Leadership Skills Certification Course | Law Society of Scotland Sponsored post

Made up of six distinct modules this 20 hour certification course will help equip solicitor members with the skills to become a successful manager and a thoughtful leader.

Our expert training team includes:          

  • Russell Borland, Executive Coach & Partner, Leading Figures        
  • Thomas Chalmers, Executive Coach & Partner, Leading Figures
  • Manjula Bray, Business Psychologist and Executive/Career Coach              
  • Scott Foster, S&S Foster Associates, Training and Management Consultancy
  • Michael Fleming, Head of KWC Legal, Kissing With Confidence
  • Derek McIntyre, Director, The Improvement Partners Ltd
  • Hannah Beko, Commercial Property Lawyer & Executive Coach, Authentically Speaking

Please note this course is suitable for both in-house and private practice solicitors.

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

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Employment Law Conference | Law Society of Scotland Sponsored post

Mornings of 2 & 3 February | Online | 6 hours verifiable CPD

As hybrid-working and newer legal technologies continue to change our legal practice landscape, join us for peer guidance and in-depth analysis of these issues and many more.

Over these two mornings, our expert speakers will bring to you key legal updates, strategic insights and practical guidance on challenging issues affecting your employment law practice.

Our speaker lineup includes:      

  • Donna Reynolds, Partner, Blackadders
  • Sarah Leslie, Associate, Employment Division, Shepherd and Wedderburn
  • Sarah Gilzean, Senior Associate, Accredited specialist in Employment Law and Discrimination Law, Morton Fraser
  • Innes Clark, Partner, Accredited specialist in Employment Law, Morton Fraser
  • Catriona Aldridge, Partner, CMS
  • Katie Russell, Partner, Burges Salmon
  • Shona Simon, President, Employment Tribunals (Scotland)

For full details or to book your place please visit our website.

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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.

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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.

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