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Scottish Legal News keeps you up to date with the latest developments in Scotland's dynamic legal sector.
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SCOTTISH LEGAL NEWS: MONDAY 14 JULY 2008
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GLASGOW BAR STEPS UP LEGAL AID CAMPAIGN
Criminal defence lawyers working in Scotland’s busiest court are to step up their campaign against the new system of allocating legal aid fees under the summary justice reforms, arguing they breach clients’ human rights.
Glasgow Sheriff Court
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The Glasgow Bar Association, which represents solicitors at the city's sheriff court, intends to lodge motions with sheriffs stating that without the assistance of Legal Aid fees, their clients will not receive proper legal advice while in police custody.
Since the abolition of the £42.20 hourly Legal Aid fee for consultation in police custody, solicitors claim the move has caused a 29 per cent drop in their Legal Aid fees.
Under the new system, the Scottish Legal Aid Board (SLAB) has merged the fee for Legal Aid into a payment of £515 for dealing with overall cases, regardless of duration.
John McGovern, secretary of the GBA, said: "The independent criminal bar in Scotland has been under threat for the best part of 10 years. These latest cuts in the funding of the independent criminal bar directly impact on an accused person's ECHR rights. For that reason the GBA intends to contest them in the courts."
The GBA will cite Article 6 of the European Convention on Human Rights, which states that anyone charged with a criminal offence has the minimum right to be given “legal assistance for free when the interests of justice require”.
It will refer to cases at Glasgow Sheriff Court where clients have not been represented in police custody to highlight their case.
It is their intention to lodge a minute with the sheriff at the pleading diet that will argue the accused's right to a fair trial under the ECHR is threatened.
The motion will force the sheriff to adjourn the case and the solicitors will argue at a fresh hearing that their clients would be denied a fair trial because they did not receive legal representation in custody.
The GBA hopes this direct tactic will force the Scottish Government and SLAB to backtrack on the new regulations.
Last week, the Solicitor General Frank Mulholland defended the Government's summary justice reforms, which came into effect in March.
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MORTON FRASER IN MERGER WITH SKENE EDWARDS
Morton Fraser has announced plans for further growth with the forthcoming merger with long established Edinburgh firm Skene Edwards.
Linda Urquhart
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The announcement follows Morton Fraser’s recently reported increase in turnover and profit and the expansion of its London and Glasgow offices over the past year.
Morton Fraser chief executive, Linda Urquhart said: “We are delighted to be joined from September by partners and staff from Skene Edwards, a firm which has a substantial range of commercial and private clients and which shares our commitment to excellent client service.
“There are clearly challenges in the marketplace for any law firm in the present economic climate, but Morton Fraser is committed to growing its business to meet our clients’ changing needs through strategic mergers and partnerships, and will continue to look for great people and great teams to join our firm.”
Tom Foggo, senior partner at Skene Edwards, added: “This is excellent news for our clients, who will continue to receive the high level of personal service to which they are accustomed at Skene Edwards, but who will also now enjoy the wider range of services that can be offered by one of Scotland’s leading law firms.”
Factfile
Morton Fraser has offices in Edinburgh, Glasgow and London and has 32 partners and a total of over 260 staff.
The firm specialises in: corporate law including asset/invoice finance; banking and finance, e-business and IP; commercial property; private client; and residential property, charity law, agricultural and rural law, commodity legal services; employment; family law; litigation, insolvency and online debt recovery.
On June 30, 2008, the firm announced that turnover for the year end to 30 April was up by 15 per cent to 15.6 Million, a double digit growth in profits and a six per cent profit related pay award for staff.
The firm was involved in some major headline activities over the past year including the Scottish aspects of the Scottish & Newcastle plc takeover, advising The Ministry of Defence in connection with the accident involving a Nimrod Aircraft in Afghanistan in 2006 and setting up the Trust for the purchase of Dumfries House for the Prince of Wales.
Major clients include the Ministry of Defence, Scottish Government Legal Directorate - Reparation & Litigation, Royal Bank of Scotland, Bank of Scotland, Royal Mail, Barclays Bank, Eurohypo, Abbey, Efibanca, Quality Meat Scotland,Spirit Aerosystems and Scottish & Newcastle plc
Skene Edwards, whose business will merge with Morton Fraser in autumn 2008, specialises in private client, corporate and commercial property law, financial planning, residential conveyancing and estate agency.
The firm’s turnover for the year ended March 31, 2008 was £1.7 Million.
The merger will involve the transfer of five partners – three as partners and two as consultants – and 20 staff.
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CREDIT CRUNCH: BLACKADDERS ANNOUNCES JOB LOSSES
Blackadders has become the latest firm to announce redundancies as a result of the credit crunch.
Johnston Clark
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The move will see around 40-60 job losses at the Dundee-based firm, which employs 240 partners and staff.
Blackadders managing partner, Johnston Clark said the decision to announce a redundancy programme was the “human cost of irresponsible bank lending over the years.”
Mr Clark said the redundancies were a result of the credit crunch and the effect that it has had on mortgage lending, which has impacted significantly on the estate agency, residential and commercial conveyancing practices.
The firm has seen a slowdown in the time it is taking for properties to sell and it believes that the market will not see any recovery until at least 2010.
Mr Clark said: ““It all just very suddenly happened.
“Northern Rock was the start of it and lenders began tightening their belts. At Christmas we started to see people finding it difficult to get credit.
“Shares in Bradford and Bingley were down this afternoon after it revealed profits fell by half last year and the global credit crisis triggered a bigger-than-expected write-down of £226m.
“The credit crunch hit lenders hard and inevitably had a knock-on effect on the property market with a slump in the number of people buying new homes. Both volume and price have been affected.”
He added: “Announcing a redundancy programme is not an easy option but we have reluctantly concluded that market conditions will not recover to previous levels within the foreseeable future.”
Blackadders will now begin consultation over the proposed cuts.
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LEDINGHAM CHALMERS ANNOUNCES ANNUAL RESULTS
Ledingham Chalmers has further strengthened its position in the legal marketplace, announcing impressive annual results for a second year since relaunching as a limited liability partnership (LLP) in 2006.
David Laing
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In the year to March 31, 2008 the Aberdeen-based firm saw turnover rise by 19% on the year before to £9.4million, with net profits before tax of £4.1million – up a quarter on the previous year – and profits-per-member of £173,000.
Corporate activity, particularly in the north-east, was a major contributor to the increase.
Chairman, David Laing said Ledingham Chalmers had been able to grow by investing in existing and new talent across the firm.
This has allowed it to increase activity in the traditional corporate, commercial property, litigation and private client areas while also growing its construction, planning and rural practice.
Over the past year the firm’s headcount has grown from 139 to 158, including partners, with the number of qualified lawyers now 62 across all disciplines – a dozen more than in the previous year.
Mr Laing said the firm’s main challenge is to ensure it continues to meet the demanding expectations of the varied markets in which it works.
He said: “We are very conscious that many clients are facing, or may yet face, severe economic pressures arising from the credit crunch and an ever-rising oil price. Our challenge is to respond by continuing to deliver effective support and value for money.
“Our continued financial growth has further secured our position in the marketplace and given us the confidence to invest for the future. The firm’s current financial year has started well in spite of the well-publicised problems of the residential property market.”
Ledingham Chalmers has also continued the development of its charitable trust, which supports local and national charitable organisations, and which has now begun working with entrepreneurs in the third world through providing seed capital for a micro-finance initiative in Ghana.
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PROMOTIONS AND APPOINTMENTS AT BIGGART BAILLIE
Biggart Baillie has announced four internal promotions and a new head of property, which came into effect from the July 1.
Derek Ellery
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Martin Gallaher is promoted to partner in the infrastructure, environment and transport department, based in the firm’s Glasgow office. Mr Gallaher has extensive experience in public procurement and projects and recently acted for Siemens in relation to the Edinburgh trams project.
Damien Bechelli is promoted to associate in the corporate department. Also based in Glasgow, Mr Bechelli has extensive experience in a broad range of corporate transactions.
Laura Brain becomes an associate in the Dispute Management department in the firm’s Edinburgh office. As a member of the firm's Health & Safety and Insurance team, she has developed her experience and skills through representing a number of the firm's clients in these areas.
Caroline Earnshaw has been promoted to associate in the Infrastructure, environment and transport department. Ms Earnshaw specialises in non-contentious construction working closely with a wide range of clients. She is also based in Edinburgh.
Meanwhile, Robin Corbett has been elected as head of the firm's property department. The appointment is for three years. Mr Corbett has been a partner with the firm for many years and has extensive experience in the commercial property sector.
Biggart Baillie managing partner, Derek Ellery said: "These appointments are a clear sign of our commitment to the firm's continued growth and the development of our people.
“Martin's promotion to partner is a key part of our strategy to expand our Infrastructure, Environment and Transport practice which has enjoyed continued success since its formation in 2006."
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SOLICITOR TO APPEAL FORCED RETIREMENT
A solicitor who was forced by his law firm to retire at 65 will lodge a test appeal today, claiming that he was the victim of age discrimination.
Leslie Seldon
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In a case with wide ramifications for all firms that have a fixed retirement age for employees, Leslie Seldon, a former senior partner, is challenging a tribunal ruling that he was not discriminated against when forced by his Kent law firm to retire at 65.
Mr Seldon said: “I simply wished to carry on working as I understood the new age discrimination legislation entitled me to do. There are a lot of fit 65-year-olds eager to work and able to make a valuable contribution.”
“The performance of everyone working in a law firm, including the partners, has to be managed in a positive and supportive way. That's how you get the best out of people.
“If they are making a proper contribution there's no reason why they shouldn't. Retirement should not now be justified on age — otherwise the new legislation is meaningless. The issue is the same for all firms irrespective of size: it's a matter of business sense.”
The appeal, to be heard today by Mr Justice Elias, president of the Employment Appeal Tribunal, now also has the backing of the Equality and Human Rights Commission, which is challenging what it says is the assumption that people become more likely to under-perform as they get older.
The commission will make representations on the human rights implications of the case.
Mr Seldon's appeal comes in the same month as a challenge was heard to the legal retirement age of 65 in the European Court of Justice.
That test case, which is backed by Age Concern, claims that the Government was in breach of the EU's equal treatment directive by imposing a mandatory retirement age for employers.
Jo Davis, partner and head of the employment team at BP Collins, the law firm acting for Mr Seldon, said: “We expect the Employment Appeal Tribunal to provide some clarity to the legislation. Until we have clarity, many partners may struggle to work beyond 65 if they wish to.”
The two cases, she said, highlighted the difference in age discrimination law. When introduced in October 2006, the legislation stated that 65 was the default retirement age for employees but specifically excluded partners in firms, causing confusion for lawyers, accountants, surveyors and other professionals.
Mr Seldon's law firm, Clarkson Wright and Jakes, argued that it was proportionate to force partners to retire in order to achieve a number of business aims, and denied discrimination on the ground that it was justified.
The tribunal agreed that the retirement clause could be justified by a number of the partnership's aims for its business. These included a need to provide partnership opportunities for the junior lawyers, helping with planning of the workforce by creating realistic expectations of vacancies, and a desire to limit the expulsion of partners as a result of performance management.
Pending the appeal ruling, many claims are being put on hold as lawyers await the outcome of Mr Seldon's case in the hope that the Employment Appeal Tribunal will lay down guidelines on how the legislation should operate.
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YOUR ARTICLES WELCOME
Scottish Legal News welcomes opinions and expert articles from our readers.
Articles should be around 250-300 words, where appropriate these can be a synopsis linked to a fuller version on your company’s website.
We would also appreciate a photograph of the author or, failing that, a company logo to accompany the article.
Articles should be sent to: newsdesk@scottishnews.com and should be marked FAO: Scottish Legal News.
We welcome enquiries and editor Baktosch Gillan can be contacted on 01382 427038.
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TOMMY SHERIDAN 'TO TRAIN AS A LAWYER'
Tommy Sheridan, the Solidarity leader facing trial for allegedly lying under oath during his defamation action against the News of the World, is to train as a lawyer.
Tommy Sheridan
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The former Scottish Socialist MSP plans to start a two-year accelerated graduate entry course at the University of Strathclyde this autumn, followed by a year’s diploma in legal practice.
Sheridan is currently coming to the end of a one-year masters degree in social research at Strathclyde, and already has a politics degree from Stirling.
As leader of the Scottish Socialist party, he won £200,000 damages from the News of the World after it claimed he was an adulterer who had visited a swingers’ club in Manchester.
Early in the five-week hearing at the Court of Session, Sheridan sacked his legal team after a row over the treatment of a witness and conducted the case himself.
The jury voted 7-4 in his favour, but the News of the World is appealing against the verdict.
During the trial, Lord Turnbull said the highly contradictory nature of some of the evidence strongly suggested someone had lied in the dock.
Lothian and Borders police mounted an inquiry and last year Sheridan was charged with perjury.
His wife Gail was also charged, along with her father Gus, and four witnesses who denied Sheridan had confessed to going to a swingers’ club.
To date, the Crown has only brought proceedings against Sheridan and his wife, who appeared on petition at Edinburgh Sheriff Court in February.
An indictment is expected to be served next month, and a preliminary trial hearing has been scheduled for late September, when the parties will try to agree on a trial date.
Sheridan has spent several nights in jail for breaking the law in peaceful protests against the poll tax and Trident.
However, a spokeswoman for the Law Society of Scotland said that would not debar someone from becoming a lawyer.
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NEW LAW CENTRE SECURES FUNDING AFTER CONFUSION
Mike Dailly, principal lawyer at Govan Law Centre has welcomed a Scottish Government award to set up a new law centre in Glasgow – after the offer had been withdrawn.
Mike Dailly
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Mr Dailly received a letter on Wednesday offering him a £244,000 government grant to fund a new law centre in Govanhill.
But when SNP councillor Jahangir Hanif was exposed as owning a flat in a slum building in the area, Mr Dailly, a leading housing lawyer, criticised him.
Then, on Friday, he received an email saying the offer letter had been sent out in error.
Mr Dailly claimed the Government backtracked because he criticised Hanif.
He said: "The fact that I criticised him, and rightly and fairly so, has resulted, it would seem, in the Scottish Government trying to back out from supporting the law centre."
Mr Dailly wrote back to the Government and threatened to sue if the deal was not honoured.
The Government has now said it would stand by the original offer after all.
A spokesman said: “Grant letters were sent out prematurely to 22 different organisations in error.
“Immediately after this mistake was realised, Scottish Government officials contacted these organisations to explain the situation and apologise for any misunderstanding or inconvenience.”
Mr Dailly said last night he was "delighted" the grant had now been confirmed.
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ANOMALY IN CROSS BORDER PRISONER TRANSFER LAWS
A complaint by a Scottish prisoner serving a sentence for mortgage fraud in England could see new regulations created for Anglo-Scottish cross border prisoner transfers.
The prisoner could not be released from an English jail because there are no cross-border arrangements in place between Scotland and England to enable prisoners to be released into other sentencing jurisdictions while on Home Detention Curfew.
The complaint by convicted fraudster Graham Primrose alleging racial discrimination has failed, but it has highlighted the anomaly, which is now set to be remedied by an order in council.
Mr Primrose from Dunfermline, who was serving his two-year prison sentence in an English jail from March 2007 came up for release last November by way of Home Detention Curfew (HDC).
Mr Primrose had alleged that his human rights had been violated on the ground that he was refused transfer on the basis of his being Scottish.
Mr Justice Burnett rejected Mr Primrose’s plea that his human rights had been violated and that his treatment amounted to unlawful discrimination.
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LEGAL FEES MAY FORCE FATHER TO DROP SCHOOL CASE
A father suing his local council for alleged shortcomings in his daughter's education may be forced to drop the case after being warned he could have to pay thousands of pounds in legal expenses.
In a blow for what parents' groups have described as a test case on their rights, Paul Tierney has been told by lawyers acting for South Lanarkshire Council, Simpson and Marwick, that it is seeking to have the case remitted from the small claims court to Hamilton Sheriff Court.
The move would mean that legal expenses would not be limited, potentially leaving Mr Tierney with a huge bill for costs, despite his only putting in a claim for £250.
Mr Tierney, a toolmaker, lodged the action after claiming his daughter had not received proper English tuition in the lead-up to her Standard Grade examination.
He said the money would compensate the cost of paying a private teacher, whom he employed in the absence of a dedicated English teacher at St Andrew's and St Bride's High School in East Kilbride.
He said: "Where do you go to get someone to take responsibility? The whole reason I went through the small claims court is because I couldn't afford legal costs.
“I have two children at university as well and would have to drop it if it went to the Sheriff Court. The council know there's no way on earth I could afford it.
"If I didn't send my kids to school, the council would be quick enough to take action against me. But it seems that if you question them, there's nothing you can do."
Mike Dailly, principal lawyer at Govan Law Centre, attacked the council's move as "completely disproportionate and unfair".
He said: "If the case is heard in a Sheriff Court, Mr Tierney could be exposed to thousands of pounds in legal expenses. I don't think that's fair at all, given that his claim is only for £250.
"If you are going to have access to justice, a lot of that is about being able to pursue relatively modest claims without fear of costs. This makes a mockery of the small claims system. It's effectively a way of seeing off the claim."
A spokesman for South Lanarkshire Council confirmed that an application had been made for the case to be remitted to the ordinary court.
It added: “No decision has yet been made."
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ARMY JOINS FORCES WITH GAY EQUALITY GROUP
The Army has joined forces with leading gay rights group Stonewall to promote tolerance within its ranks.
Stonewall brought legal action that removed a military ban on gays in 2000. The group said it had yet to set up an action plan, but that it would initially focus on recruitment and retention of military personnel.
Head of the British Army, General Sir Richard Dannatt said: "One of the Army's six Core Values is 'Respect for Others' and it is therefore our absolute duty to treat our fellow soldiers as we would wish to be treated ourselves.
"Discrimination against those in the Army who are lesbian, gay and bisexual does not give them a chance to contribute or to play a full part in the teams that are vital for our success on operations."
The Army is the 400th member of Stonewall's Diversity Champions programme, and the final branch of the military to join.
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AND FINALLY: 'TORTURE MUSIC MAY INCUR ROYALTY FEES'
US interrogators using pop songs to torture inmates at Guantanamo Bay may owe the songwriters performance royalties, according to a Canadian lawyer specialising in intellectual property.
Howard Knopf
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Howard Knopf was responding to continued reports that loud music is being used by America in the interrogation of terrorist suspects. The same songs are repeatedly played to detainees at high volume - until they capitulate.
Babylon, the mild-mannered folk hit by David Gray, is allegedly one of the most popular torture songs at Guantánamo.
Gray admitted: "That is torture. It doesn't matter what the music is - it could be Tchaikovsky's finest or it could be Barney the Dinosaur. It really doesn't matter, it's going to drive you completely nuts."
Knopf mused on his influential copyright blog whether the singer-songwriter might be owed royalties by the US military. Performance rights associations demand that licenses be purchased if music is to be played in a public space.
He said: "Certain collectives are quick to collect money from those in nursing homes, hospitals, prisons etc, on the basis that these are 'public' places. Never mind that the audience is captive and it's their home, like it or not."
Though in Europe artists enjoy the "moral right" to veto the use of their songs in contexts they do not approve of, it's unclear whether Gray, an Englishman, would be able to bar the use of his song at the Guantánamo base, an American territory.
There's also the issue of enforcing copyright law. If ASCAP, BMI or SESAC decided to chase an uncooperative US military on the subject of torture-music royalties, how they would twist the Pentagon's arm? Maybe they could circle the building in a helicopter, blasting out a James Blunt tune? Just an idea.
A select few from the US military's torture playlist top 20:
F*** Your God – Deicide
Barney Theme Song - Barney the Dinosaur
Sesame Street TV Theme
Babylon - David Gray
Born in the USA - Bruce Springsteen
Stayin Alive - Bee Gees
Dirrty - Christina Aguilera
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JOIN THE LAW SOCIETY OF SCOTLAND GOLF CLUB
The Law Society of Scotland Golf Club is seeking new members for its inaugural East v West match.
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This match will be free to members.
The annual subscription for the Club is only £10.00 and allows you to play, if selected, in annual International Matches against the likes of England, Northern Ireland, Southern Ireland, Holland and The Isle of Man.
There are also annual matches against other professional bodies such as Accountants, Surveyors and Architects.
Every three years the Club sends a team of golfers to the European Legal Team Championships.
For the £10.00 subscription there is plenty of opportunity to gain access to some of the great golf courses in Scotland and beyond.
Teams have this year played International matches at Turnberry, Carnoustie and Nairn.
As well as the East v West match, the club has an annual summer outing that will be played this year at The Royal Burgess Golf Club in Edinburgh.
Anybody that would be interested in joining the Club should contact Scott Adair at sadair@adairssolicitors.com
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Please note that Scottish Legal accepts no responsibility for viruses. It's your responsibility to scan attachments.
Scottish Legal News is a digest of news stories from many sources. We strive to be accurate.
If you see anything in the bulletin, which is misleading or wrong, please contact the Editor
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