COMMITTEE CALLS FOR ‘ACCESS TO JUSTICE BILL’

The Law Society of Scotland’s new Access to Justice Committee (AJC) is calling on MSPs to support the introduction of a radical Access to Justice (Scotland) Bill as a top priority in the next session of the Scottish Parliament in 2011.

The AJC agreed at its first meeting in Glasgow yesterday to produce, as a matter of urgency, a detailed framework for a comprehensive and far-reaching bill, which could immediately address a number of major deficiencies in accessing Scotland's systems of civil and criminal justice.

The committee also agreed to identify, tackle and address the emerging risks to access to justice in Scotland which would flow from the announced cuts to welfare benefit spending by the UK Government, the forthcoming public sector cuts by the Scottish Government, and from the forthcoming decision of the UK Supreme Court in the case of Cadder v. Her Majesty's Advocate.

Mike Dailly, committee convener, said: "Access to civil or criminal justice in Scotland is a constitutional and human right. We believe that Scotland's legal system is a public service which delivers that right in the same way that schools deliver education, or the NHS delivers a health service.

"Accordingly, we believe that citizens in Scotland are entitled to access the appropriate legal advice, assistance, and representation, whenever their liberty, life, wellbeing, children, home, work, environment, and community are significantly threatened. We hold these principles to be self-evident.”

He added: "We have resolved to identify the key components for a wide ranging, and comprehensive Access to Justice Bill in Scotland, capable of meeting the needs of Scotland's people, its communities, and its legal system in the 21st century.

"We would urge all MSPs and all Scottish political parties to embrace the need for a radical Access to Justice (Scotland) Bill in the next parliamentary session, and to have regard to our analysis of the emerging risks to access to justice in Scotland in light of UK and Scottish Government welfare benefit and public sector cuts.”

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CONFERENCE: FUNDING LEGAL EDUCATION IN POST RECESSION BRITAIN

On Thursday 9 September, the School of Law at the University of Glasgow will welcome delegates from law schools across Scotland and a number of significant training firms to its second annual legal education conference, ‘Funding a Legal Education in a Post Recession Britain’.

The event builds on the success of the 2009 conference on learning and teaching methods, and is one of several events to mark the launch of the new University of Glasgow Diploma in Legal Practice for 2010.

All speakers are stakeholders in legal education and training from all over the UK, and there will be a focus on current recessionary issues in the profession and in academia.

Speakers include Sir Andrew Cubie, author of the significant report into student funding in Scotland, Aaron Porter, president of National Union of Students UK, Nigel Savage, from London-based College of Law, the Law Society of Scotland and the Faculty of Advocates.

Douglas Mill, director of the Diploma in Legal Practice and conference director, said: “We are delighted to have attracted so many speakers from outside the jurisdiction, as we have much to learn from elsewhere.

“The topic allows us to explore a number of growing issues made acute by the recent downturn, and try to assess the best way of producing the next generation of lawyers in Scotland, whilst ensuring the profession continues to be available to all.”

Professor Rosa Greaves, the head of school, added: “I am delighted that the School of Law is able to provide this opportunity to explore and debate some of the critical issues that have an impact on the provision of legal education in Scotland."

The event will take place from 9:00am – 5.00pm on Thursday 9 September, in the Court and Senate Suite at the University of Glasgow.

If you would like to attend the Conference, please book a place by contacting Ms Lorna Wilson at Lorna.Wilson@glasgow.ac.uk.

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STEP ANNUAL TAX CONFERENCE 2010

The Society of Trust and Estate Practitioners Annual Tax Conference 2010 will take place in Edinburgh on Friday 24 September.

This is an essential updating and planning conference for all private client advisors, providing a review of all the 2010 legislative changes and a consideration of their implications, considering issues such as:

BRITISH UNIVERSITY APPOINTMENT FOR TERRA FIRMA MEMBER

Terra Firma member, David Parratt, advocate, has been appointed a visiting senior lecturer in construction law and international arbitration at the British University in Dubai.

Mr Parratt has delivered lectures in construction law to the MSc class in Construction Law and Dispute Resolution and will be lecturing again in Dubai next month.

The course is a joint venture between the Centre of Construction Law & Dispute Resolution at Kings College London and BUiD.

He continues as an honorary lecturer in international arbitration on the LLM course in international dispute resolution at the University of Dundee and an honorary lecturer in dispute resolution on the LLM course in oil & gas at the Centre for Energy, Petroleum, Minerals Law & Policy, also at the University of Dundee.

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FOUR NEW STARTS FOR LINDSAYS

Four trainees are set to begin their legal careers with Lindsays.

Murray Cree in employment, Chris Jones in litigation, Rebecca Henry in private client, will all be based at the firm’s office in Edinburgh, while Amanda Cant will join the property team in Glasgow.

This follows the appointment of senior associate Marjory Blair, who joined the firm after several years spent developing and spearheading the family law team of Brodies LLP in Glasgow.

Lindsays managing partner, David Reith said: “Despite the economic downturn we remain focused on the future, and on maintaining the positive momentum the firm has enjoyed in recent years.

“Bringing talented young lawyers into the firm is very much a part of that process.”

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ALCOHOL MINIMUM PRICE REVEALED

Health Secretary Nicola Sturgeon has announced that the proposed minimum price for alcohol will be 45p per unit.

The Scottish Government will table an amendment to the Alcohol (Scotland) Bill to introduce the 45p price.

The bill is about to start the 2nd stage of the parliamentary process.

According to the SNP administration, introducing a minimum price of 45p per unit would have significant health and social benefits including, in the first year, 50 fewer deaths from alcohol-related harm; 1,200 fewer hospital admissions; a £5.5 million reduction in health care costs; and 22,900 fewer days absence from work.

After 10 years, the benefits would increase to 225 fewer deaths from alcohol-related harm annually; 4,200 fewer hospital admissions annually; and an £83 million reduction in health care costs over the 10 year period.

Ms Sturgeon said: "For too long, too many Scots have been drinking themselves into an early grave. It is no coincidence that as the affordability of alcohol has plummeted in recent decades, alcohol-related deaths, disease, crime and disorder have spiralled.

"I believe it's crucial that we reintroduce realistic alcohol pricing. It cannot be right that a man can exceed his weekly recommended alcohol limit for less than 3.50 pounds.

“That's why we're taking decisive action, including proposals to introduce a minimum price per unit, which would bring these pocket money prices to an end.

"Getting the price right is vital for minimum pricing to work – too low and it will simply be ineffective. After careful consideration, we believe that 45p per unit is the right price.”

She added: "Our proposals have already won backing from respected health professionals at home and abroad and I hope, for the sake of our nation's health, they will also win the backing of the Scottish Parliament."

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THORNTONS SPECIALIST AUTHORS INTRODUCTION TO CONSTRUCTION LAW

Thorntons’ construction law specialist Graham Jackson has authored a textbook in order to smooth out many of the rough areas of Scots law affecting the construction sector.

The solicitor, who is based at the firm’s Dundee office, has launched An Introduction to Construction Law in Scotland in order to introduce the practitioner to this complex area of the law and address the significant changes that have taken place in recent years.

Legislation has led to a growing need for professionals to have essential information and guidance at their fingertips.

The book covers all key topics in relation to the relevant legislation, with a focus on procurement, health and safety as well as housing grants, Construction and Regeneration Act 1996, including recent amendments.

Mr Jackson, who has more than a decade of experience in the field, said: “The key aim of the book is to provide construction professionals and lawyers working in the construction sector who are new to the field with a full understanding of how the law is structured and a clear analysis of the real issues which will be likely to affect them on a regular basis.”

An Introduction to Construction Law in Scotland is an essential tool for all those working with the legal aspects of the construction industry and the only introductory text aimed primarily at Scottish construction professionals and legal practitioners.

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COURT SERVICE LAUNCHES INQUIRY INTO ABSENT SHERIFF

The Scottish Court Service has launched an investigation into why a sheriff on two occasions did not arrive to hear a case – causing the trial to fall.

The trial of a man charged with drinking in a public place, breach of the beach and assaulting a police officer collapsed this week when temporary sheriff Ian Duguid QC failed to turn up to hear the case.

The sheriff did not appear for the second day of the trial of Scott McMurray at Paisley Sheriff Court.

It was the second time Sheriff Duguid had failed to turn up at a hearing.

Mr McMurray, 24, of Renfrew, denied all the charges against him.

Following the first day’s evidence, the case was adjourned until July 9, but was adjourned after Sheriff Duguid did not appear. It is understood he did not receive notification of the date through the court service booking unit.

A new trial date was set and the accused, witnesses and defence agent were in court On Wednesday 1 September. But the sheriff again failed to attend – because he was otherwise engaged in a case at the High Court.

The Crown wanted the case adjourned again in a further bid to have the trial concluded.

However, defence lawyer Paul Lynch objected to a further continuation and Sheriff Colin Pettigrew dismissed the charges “without any hesitation”.

A Scottish Court Service spokesman said: “The matter will be fully investigated.”

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THOMPSONS TEAM IN CHARITY RUN FOR CLYDESIDE ACTION ON ASBESTOS

Thompsons Solicitors will have a team of 25 running in the Great Scottish Run 10K in Glasgow on Sunday 5 September to raise funds for its chosen charity, Clydeside Action on Asbestos.

CAA, which was formed in 1984 to provide advice and assistance to those who suffer from asbestos related disease and their families.

The charity provides a comprehensive welfare rights service, advising on benefit and compensation entitlement and support groups around the country for those diagnosed with mesothelioma and their families to help with the emotional impact of the disease.

It actively campaigns for amendments to the law and social policy to promote positive changes for sufferers, which assist them in increasing their quality of life, provides specialist advice on claiming industrial injuries benefits and state compensation, as well as all other state benefits and advises clients of their legal right to pursue a civil case for compensation, as the majority of cases of asbestos disease continue to be caused by negligence on behalf of their current or former employer.

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AND FINALLY: DRUNK DRIVER BANNED AFTER PARKING IN POLICE HQ

A drunk-driver was caught by police after taking a wrong turn and ending up in the car park of a police station.

Jobless builder Edward Gallagher, 52, was making his way back home from a night out with friends when he got lost.

Startled police officers noticed him sitting at the wheel of his Vauxhall Corsa with the engine running on the private access road to the staff parking lot at Central Scotland Police headquarters in Stirling.

Suspecting he might be drunk, they went to ask him what the matter was. At Stirling Sheriff Court, Sue Ruta, prosecuting, said officers asked Gallagher to take a breath test, as he "reeked" of booze, and he was found to be more than twice the legal limit.

The depute fiscal said: "Police officers had cause to suspect that the accused within the car on the access road to Central Scotland Police's headquarters was under the influence of alcohol. When they went to the accused's car there was a strong smell of alcohol and the man was slurring his words.

"A breath specimen was taken from the man, and he was found to be more than twice the legal limit. He was detained by police and made no reply to being cautioned and charged."

Gallagher, of Bulloch Crescent, Denny, Stirlingshire, pleaded guilty to driving at Central Scotland Police’s Headquarters in Stirling just after midnight on August 7th this year after consuming so much alcohol that the proportion on his breath was 77 microgrammes of alcohol in 100 millilitres of breath. The legal limit is 35.

Ken Dalling, defending, said Gallagher's decision to drive home instead of get the bus as planned "clearly shows the problems of drinking and driving".

Sheriff Peter Paterson disqualified Gallagher for 18 months and fined him £150.

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