Is this email not displaying correctly? View it in your browser.
14th March 2022
Scotland's news service for lawyers
Today’s Headlines
Latest News

High Court rules Scottish law firm with no English office can be sued in England for professional negligence

By Mitchell Skilling

High Court rules Scottish law firm with no English office can be sued in England for professional negligence

An application by a Scottish solicitors’ firm challenging an action raised against them in the English High Court for professional negligence by a dual qualified solicitor advising on a planning application has been refused.

Wright, Johnston and Mackenzie LLP, a firm with no registered office in England, argued that the work it did for the claimant, Cornwall Renewable Developments Ltd, was all carried out in Scotland, making it the place of performance of the contract. Alternatively, it argued that the claim should be dismissed on the ground of forum non conveniens.

The case was heard by Chief Master Karen Shuman in the Chancery Division of the High Court of Justice. Charles Phipps appeared for the applicant and defendant and Christopher Burdin for the claimant and respondent.

English law contracts

In June 2012, the claimant entered into agreements with the owners of two sites in Cornwall with the intention of obtaining planning permission for the construction of wind farms. The following year it contacted the defendant for fee estimates in connection with the work, the director of the company having previously been introduced to a dual qualified partner at the firm, Donna Kelly-Gilmour. Ms Kelly-Gilmour went on to provide advice on the documentation required for a planning application and provide a draft agreement between the claimant and the owners of one of the sites.

Cornwall Council rejected the claimant’s applications in October 2013, stating that the documentation supplied did not fit their criteria. An appeal was filed against this decision, but it was later formally withdrawn. In July 2019, the claimant issued a claim form against the defendant’s registered office in Scotland on the grounds that they had acted negligently in preparing the draft agreement and advice.

The defendant contended that, although the work carried out related to English law contracts concerning sites in England, the main consideration for jurisdiction was that Ms Kelly-Gilmour was in Scotland when she carried out the work. The fact that the work related to English law contracts concerning sites in England was irrelevant.

Alternatively, it was contended that Scotland would be the preferred legal jurisdiction if it were possible to raise an action in both England and Scotland. Scotland was the location of the defendant’s offices from which it conducted its practice and performed its retainer, and there were no special circumstances of which justice required that the trial take place in England.

Centre of gravity

In her judgment, Master Shuman began: “Unquestionably the defendant is solely based in Scotland and the work was carried out by Ms Kelly-Gilmour, a former member in the defendant, based in Glasgow. However, Ms Kelly-Gilmour was a dual qualified solicitor who was providing a service to an English client, as a solicitor qualified to act in England, concerning a development and sites in England.”

However, she continued: “The obligation at the heart of this claim was for Ms Kelly-Gilmour to provide advice and draft agreements as a solicitor qualified to act in England and Wales regulated by the Law Society in England and Wales, to an English client, in respect of parties in England, relating to land in England satisfying planning requirements of an English Council so that the development in England could proceed. The agreements and advice were provided to the claimant and its director, in England. I am satisfied that the place of performance of the contract was England. I also further observe that the centre of gravity in this case was England.”

Turning to the defendant’s submissions on forum non conveniens, Master Shuman noted: “Most, but not all of the evidence, will be provided by parties resident within the English jurisdiction. Mr Dart [the claimant’s sole director] remains based in Cornwall. It is probable that there will be witness evidence from [the site owners] who Mr Dart says now reside in Southampton.”

She concluded: “The losses alleged to have been suffered by the claimant were suffered in England. An expert valuing the site is likely to need knowledge of this type of development and therefore some local knowledge. Whilst Scotland is a forum in which this claim could be tried, I am not satisfied that the claim would be tried more suitably there for the interests of all the parties and the ends of justice.”

For these reasons, Master Shuman concluded that the appropriate legal forum for the claim was England and refused the defendant’s application.

Lawyer of the Month: John Scott QC

By Rosemary Gallagher

Lawyer of the Month: John Scott QC

John Scott QC

For someone who decided to become a lawyer partly because it’s what his parents wanted him to do, John Scott QC has carved out a long and illustrious career in the profession. He has been involved in some of Scotland’s most high-profile inquiries and cases since starting out as a trainee solicitor in 1985 with Hughes Dowdall and Company in Glasgow. He has represented survivor group Incas in the ongoing Scottish Child Abuse Inquiry, led the independent review on policing of the miners’ strike and is now working on the inquiry into the death of Sheku Bayoh in police custody in Fife in 2015.

Mr Scott says: “I think my parents had a discussion and decided what me and my three brothers were going to do and I was to be the lawyer. I also inherited my dad’s interest in reading about real-life crime. I did what they wanted and applied for law at Glasgow University.”

That was in the early 1980s and Mr Scott explains that the variety of law means it’s relatively easy to find something that is of particular interest - for him it was the court side of things. After his “rounded traineeship” in the west of Scotland he moved to Edinburgh in 1988 for a role that was purely court work and he has remained in the capital since.

“Being a court lawyer means you meet the widest conceivable range of people and they are obviously only coming to you because something has gone wrong in their life,” explains Mr Scott. Over the years he says he has worked with career criminals, doctors, members of the aristocracy and individuals with disabilities or mental health issues. “It’s challenging,” he adds. “But the fact you’re on your feet giving voice to people – many of whom can’t really speak for themselves – is rewarding. For me, the court side is what law is about.”

Mr Scott admits that his work can be harrowing. This includes his role as senior counsel to care abuse survivors in the long-running Scottish inquiry. INCAS have been recognised as core participants and have therefore been involved throughout the inquiry. “It’s interesting to see a trauma informed inquiry where all the key people including Lady Smith and the inquiry team, have had trauma informed training, “ says Mr Scott. “Listening to some of the stories that adults have been telling about their lives as children is incredibly moving. It’s very difficult to hear, especially where you are there to make sure they are supported and represented. Trauma informed practice is something that is coming in more generally in criminal defence and court work.”

He adds that one of the challenges of such inquiry work is that apart from opening and closing statements all, or almost all, the questions will be asked by counsel to the inquiry. He says: “Counsel to the inquiry have been very good and incorporated my questions into their examination. But it’s quite a strange experience when you are used to standing up and speaking directly. It also places greater evidence on opening and closing statements, on following the evidence carefully, on making submissions that might help Lady Smith with her findings, and making sure that all the questions are asked.”

Another inquiry of significance to Mr Scott is the review he chaired on the impact of policing on Scottish communities affected during the miners’ strike in the mid 1980s when about 500 people were arrested. In October 2021, the Miners Strike (Pardons) (Scotland) Bill was finally published following recommendations from the review. Under the plans, those convicted of breach of the peace, breach of bail conditions or obstructing police would be pardoned.

“During the review we heard some very dramatic testimony from miners who had been arrested, prosecuted, lost their jobs and lost their pensions. Some had never been in trouble before or subsequently. There was financial loss, there were suicides and families broke up. For a lot them it was also the loss of their good name for the sake of fighting not just themselves, and not just for money, but for the sake of the whole industry and for whole communities,” explains Mr Scott. “I was really pleased when the government accepted our recommendation that they should be pardoned.”

He adds: “We listened to some powerful testimony. We wanted to hear from people affected, some of whom wouldn’t have travelled to Edinburgh or Glasgow to see us. We went out into mining communities across the country. We were assisted by the NUM to arrange venues and times, often in the evening. We went to miners’ welfare clubs, a pub and town hall to hear directly from miners or their families. And it was a privilege to work alongside Kate Thomson, Dennis Canavan and Jim Murdoch.”

Another high-profile piece of work by Mr Scott is his role in leading the formation in spring 2020 of an independent group to provide additional oversight of the use of temporary police powers during the coronavirus pandemic. He says: “The Chief Constable phoned me just after lockdown started and asked if I would chair an independent advisory group. He took the view that Police Scotland had been given extraordinary powers you would only ever really see in war time. He thought there was a need for additional human rights focused scrutiny. We would report to the Scottish Police Authority. It would allow additional assurance to be offered to the public that powers were being used in way that was compatible with human rights and proportionate.”

Mr Scott says there was a lot of community representation on the independent group that included, among others, Aamer Anwar, solicitor and human rights campaigner and Tressa Burke of the Glasgow Disability Alliance. He believes that, overall, Police Scotland dealt with lockdown, the speed of change when it came to the law and such things as Black Lives Matter protests that also took place during the pandemic in a proportionate manner, taking human rights into account.

“I’ve been quite lucky that the work I’ve done for almost 30 years in human rights in the voluntary sector has put me in the position where I’ve been asked to do these reviews,” he says. “It’s got to the stage where more of my time is spent on public inquiry and the review work than being a criminal defence lawyer.”

Over the decades, he has seen changes in the legal landscape and he is concerned now about the lack of younger people becoming criminal defence lawyers. “One of the things that has always annoyed me is that people don’t give enough credit to the very good lawyers there are on the criminal side. To do the job properly you need to be a good lawyer. But the side of the courts that deals with money appears to be valued more highly by many people than the criminal court side. I don’t think there is anything more important than what we do in the criminal courts,” says Mr Scott. “I’m struck by the fact that a lot of people on the criminal defence side have been around for a long time. There are some very impressive young people coming through, but there are fewer opportunities. I am worried about the future of criminal defence lawyers generally.”

He spends time speaking to young lawyers and going out to universities and is concerned about obstacles in the way, such as money and more people starting out who decide to join the Crown Office or Scottish Government legal directorate for greater security. He adds: “I’m concerned that at a point where there has been a lot of effort and money put into the recovery strategy for addressing the backlog in the courts that insufficient attention has been paid to the defence side. The Crown has been given more resources and they have taken on more prosecutors. I think there are now more Advocate Deputes, for example, than there has ever been.”

In some parts of the country, he highlights the issue of it being difficult to find a lawyer, particularly to do Legal Aid work. And he’s worried this situation is getting worse. “Our side of the profession doesn’t really look sustainable in the long term,” he warns.

In terms of what the future holds for him personally, Mr Scott says that things always tend to turn up. He refers back to the Lockerbie case when he was asked by Tony Kelly, now a sheriff in Glasgow, to be a junior member of the legal team that was being put together. They had met as a result of Mr Scott’s role as convener of the Howard League for Penal Reform in Scotland. Being part of the Lockerbie inquiry gave him two years away from his mainstream work to focus on the Abdelbaset al-Megrahi appeal. Mr Scott says: “I was working with people like Maggie Scott who is now Lady Scott, Martin Richardson, who is now Lord Richardson, and Shelagh McCall QC. It was a privilege to be able to work with that team.”

Mr Scott certainly won’t have time on his hands in the coming months, for example he has the Sheku Bayoh inquiry beginning in May, as well as his criminal defence work. But he keeps to about one trial a month to do things properly and to have time for the other things in his life.

He concludes: “Things for me at the moment are great. My kids are both quite young and I’m heavily involved in being an active dad. Some core practitioners are doing back-to-back trials and it’s quite a punishing schedule. I have a nice balance at the moment.”

Law Society rubbishes Scottish government’s legal aid offer

Law Society rubbishes Scottish government's legal aid offer

The Law Society of Scotland has criticised the the Scottish government’s suggested increase in legal aid fees.

Community safety minister Ash Regan said last week there would be additional improvements on top of a five per cent increase in fees.

President of the Law Society of Scotland, Ken Dalling, said: “We are deeply concerned that this small uplift in funding is being presented as anything like a fix.

“In reality it doesn’t cover even the recent sharp uptick in inflation, let alone repair any of the damage caused by the huge real-terms decline in legal aid fees over recent decades.”

He added: “More than a quarter of criminal firms offering legal aid dropped out of the system in the decade before the pandemic, and we believe that concerning trend has only accelerated in the past two years.

“All legal aid fees must be increased by 50 per cent or the scale of this crisis will continue to grow.”

The Fellows of the Law Society of Scotland, which comprises retired solicitors, published an open letter calling for action.

It said: “Scotland is currently experiencing a crisis in legal aid provision which threatens the very core of justice. There are more solicitors leaving the criminal defence and civil legal aid sectors than ever before, which puts access to justice and our whole justice system at the risk of irreparable damage.

“To address this, urgent action must be taken now to ensure there are still some independent criminal defence solicitors left in Scotland and that our citizens have access to civil legal advice and representation whatever their financial position.”

The Scottish government commented: “We have provided a five per cent increase in legal aid fees in 2021, plus a further 5 per cent increase this year to be delivered shortly. In addition, we have provided £9 million in additional funding to the profession in the context of the Covid-19 pandemic, as well as establishing a £1 million fund to support traineeships.

“This amounts to a £20 million investment in legal aid since March 2021 in addition to a 3 per cent uplift across all legal aid fees in 2019.”

Appointments hat-trick at RSB Lindsays in Dundee

Appointments hat-trick at RSB Lindsays in Dundee

Pictured (L-R): Sienna Sproson, Andrew Anderson and Ellie Riddell

Law firm and estate agency RSB Lindsays has made a hat-trick of new appointments as it continues to develop its operations in Dundee and across Tayside.

The expansion of its city-based private client operation has continued with the appointment of a new associate.

Meanwhile, a third property manager post has been created in the residential property department as the estate agency team responds to continued high levels of demand in the housing market across the region.

Lawyer Sienna Sproson has taken up her role as associate in the private client team, joining from Blackadders in the city.

Ms Sproson is the fourth appointment to the team in two years and will see her work in areas including executry administration, wills, powers of attorney and associated executry conveyancing matters. She is a full member of the Society of Trust and Estate Practitioners (STEP), as well as being a notary public.

In the estate agency team, Andrew Anderson has been promoted to property manager, having joined RSB Lindsays as a negotiator last July. Prior to that he worked as a senior property manager for a large lettings company in Edinburgh.

Elsewhere, Ellie Riddell has been appointed as a property negotiator in the department.

RSB Lindsays managing partner Alasdair Cummings said: “The development of our Dundee team is a real source of pride for us - signalling our growth ambitions for the region - and we are delighted with these new appointments.

“Both the private client and residential property departments have seen strong growth in demand for services over the last two years. That’s thanks to the good people we have in our team, whose success is allowing us to both bring more good people into the firm and add opportunities for progression.

“I am looking forward to seeing the strong results that these new appointments deliver for our clients.”

Glasgow-based Ukrainian lawyer calls on UK to drop barriers for refugees

Glasgow-based Ukrainian lawyer calls on UK to drop barriers for refugees

Alexander Boyd

A Glasgow immigration lawyer who is originally from Ukraine has criticised the UK’s response to the refugee crisis amid the Russian invasion.

Alexander Boyd, his naturalised name, told The National that barriers for Ukrainian refugees should be dropped.

The UK government currently has in place a family visa system which permits Ukrainians entry to Britain if they have a family member legally living here.

The Home Office has cited concerns over malicious agents entering the UK in contrast to the EU, which has dropped barriers to entry.

Mr Boyd said: “The UK should follow the example of the other European countries and open its borders for Ukrainian refugees and not have to do these applications.

“I understand the argument that the UK has to be careful with who comes in because Russia is sending their military personnel behind Ukrainian lines to act as civilians so obviously, they must be careful how they do it.

“But, for example, instead of visa applications, they could screen people once they are allowed past the border by interviewing them to make sure they are not here to infiltrate the UK and commit acts of terrorism. The European Union has been doing this and there haven’t been any attacks on EU soil so far.

“The numbers show more than one and a half million people have already fled Ukraine so follow the example of the EU.”

He also said that “Russia has no place on the UN Security Council”.

He added: “Civilised countries should not recognise Russia as a legitimate state anymore. It is a rogue state with no legitimate authority.

“I think this is the end of the United Nations as we know it. It will cease to function because it is impotent with what is essentially a terrorist state on its security council. It cannot function.”

Rob Aberdein: Last rites for the law firm

Rob Aberdein: Last rites for the law firm

Rob Aberdein

The last rites are being read to the traditional legal firm.

While the rise of the nationals and global firms will carry on for a while yet, many small and medium Scottish firms will face their day of reckoning over the coming decade.

For hundreds of years, Scotland’s legal enterprises have been seen as revered and storied institutions. Within them, the partnership structure that existed centuries ago is still clinging on to this day.

Yet this historic archetype no longer reflects the clients they seek to serve nor the talent coming through.

The partnership model flourished at a point in time when a client’s choice of firm was passed from generation to generation - and private and corporate clients would typically remain loyal for entire working lifetimes.

Nowadays, those intergenerational loyalties have disappeared and where brand differentiation is ill-defined, clients have a greater propensity to shop around depending on their requirements.

Partnerships have not been equipped to keep pace. Being “client focused” is the ubiquitous mantra of today’s firms, yet it is impossible when pyramid structures rely on silos. “Ownership” of clients breeds fierce protectionism from within, rather than collaboration in the interest of the client.

It’s not just clients who are dissatisfied. The future talent coming through is yearning for change too. A survey of 1,000 legal professionals by GroGroup found more than three quarters think the traditional partnership model is outdated. It’s little wonder.

Many partners have worked long days and weeks and missed out on precious family time in order to reap the rewards of a rigid hierarchy. But many are now blindly assuming that those now shovelling the earth will want to follow in their footsteps.

We’re increasingly seeing the next generation of lawyers reject the well-trodden path before them, put off by the expectation to suppress their personal lives in order to devote fully to the job. The ongoing hiring crisis and talent shortage means they can increasingly call the shots, too.

With flaky clients and a disillusioned, mobile workforce, what is left of a business? It means small and medium firms risk being substantially overvalued. The stark reality is, some will banks excluded, there is little value beyond the network and caseloads tied intrinsically to the principals themselves.

The last recession and its recovery provided an early glimpse into the seismic changes we’re about to see. Countless ancient names of the Scottish legal scene sought the solace of a global partner. As the current generation of partners retires, expect many more brands to vanish completely.

There is hope that the legal sector will meet the needs of the modern client and workforce.

Late last year the Scottish government ushered in reform of the legal services market, off the back of a super-complaint by consumer body, Which?. It identified that the archaic model was delivering poor value for consumers and leaving little space for innovation within the sector.

Alternative business structures for legal firms has been a long time coming and will bring fresh thinking and opportunity by enabling investment and ownership by non-lawyers.

It could see a rethink of middle management too and the established career journeys and hierarchical structures that have historically created a blame culture and the legal sector’s notorious slowed down decision making.

This will also see the last of the small and medium sized firms sold or merged for low valuations and the rise of the ‘professional services firm’ will begin, changing the face of the legal landscape forever.

Such businesses will offer the client more by making it easier to do business with them. It means time-pressed clients will be able to access law, accounting, tax, wealth, property and finance in one place, with technology driving everything.

Clients get time back, better value, with the opportunity to become fans of a brand that has a greater and more positive impact on their lives - and something that means more than the cooperative of people – the present reality of most legal brands.

The new breed of these multi-disciplinary practices will not get everything right, it may take time to bed in and there will be a mix of successes, failures and teething problems in firms that have merged or been acquired.

But the change will be good. It will breathe life into a stale sector. Clients and employees will benefit.

Rob Aberdein is managing director of Moray Group, a professional services umbrella firm that comprises Esson & Aberdein, Alston Law, Simpson & Marwick and Moray Financial. This article first appeared in The Scotsman.

Lord Advocate backs UK-Ukraine memorandum of co-operation

Lord Advocate backs UK-Ukraine memorandum of co-operation

Dorothy Bain QC

The Crown Office has backed a memorandum of co-operation over “crimes of the gravest concern to the entire international community” made between the offices of the UK Attorney General and the Prosecutor General of Ukraine. 

The Lord Advocate, Dorothy Bain QC, expressed her support for the memorandum.

She said: “I denounce this Russian aggression in Ukraine and am committed to upholding rule of law internationally. As head of the prosecution system in Scotland I fully associate myself with the memorandum and will operate its terms.

“In addition, I will consider ways of formally expressing that commitment.”

Brechin solicitors Ferguson & Will acquired by the Chamber Practice

Brechin solicitors Ferguson & Will acquired by the Chamber Practice

Brechin solicitors Ferguson & Will has been acquired by the Chamber Practice, The Courier reports.

The 103-year-old firm has moved into renovated offices on 15 High Street.

Its four Brechin employees have all made the move to the Chamber Practice.

The firm deals in property and immigration services in addition to wills and power of attorney.

Director Sandra Teall said: “We’re a very busy office and have traditionally been a very busy office, so we will continue to build upon what we’ve got and offer all our services to clients.”

Burges Salmon advises Inverleith LLP on majority stake in Farmison & Co

Burges Salmon advises Inverleith LLP on majority stake in Farmison & Co

Nikoletta Zinonos

Burges Salmon has advised Edinburgh-based specialist consumer brand investor and long-standing client Inverleith LLP on the acquisition of a majority stake in Farmison & Co, a UK-based online butcher.

Focused on British heritage, rare breeds and an ethical, sustainable supply chain, Farmison has established itself as a leading player in the growing online premium meat and butchery market. The investment by Inverleith LLP will allow Farmison to progress its mission to introduce more consumers to traceable and sustainably sourced meat from the British Isles.

Inverleith LLP invests in consumer brand companies in the premium food and drink, health and wellness, and lifestyle sectors. This deal follows other recent additions to the investor’s rapidly-expanding portfolio on which Burges Salmon has advised, including Inverleith’s recent majority acquisition of Eden Mill, the St Andrews based contemporary premium gin and single malt Scotch whisky brand and distiller, earlier this year.

The Burges Salmon team advising on the transaction was led from the firm’s Edinburgh office by corporate finance partner Danny Lee, with support from corporate team director Joanna Monaghan and solicitor Nikoletta Zinonos, alongside members from the firm’s commercial, employment, intellectual property, and real estate teams.

Ms Zinonos said: “Having assisted Inverleith LLP on this significant acquisition, it’s gratifying to know that Farmison will be able to expand its distribution in the UK and incentivise the consumption of sustainable meat.”

England: Criminal Bar Association to take industrial action

England: Criminal Bar Association to take industrial action

The Criminal Bar Association has voted to take industrial action in protest at the level of fees paid to them.

About 1,800 criminal barristers voted to work to rule from April 11. This is only the second time the CBA has taken such action.

The CBA said in a statement: “Our members have voted almost unanimously in favour of refusing to accept return work under the AGFS from 11th April unless government agrees to the measures necessary to safeguard the long-term sustainability of the criminal bar and which are therefore essential to preserving a criminal justice system that meets the legitimate demands of the public.”

It added that its members have “sustained a chronically underfunded criminal justice system on behalf of the public while suffering substantial reductions in our real incomes” and that they were “exhausted by the hugely increased demands placed upon us, often for little or no reward”.

The CBA said it would “continue to engage with the Ministry of Justice to seek a fair and reasonable settlement that reflects the demands of our members”.

David J Black: The mysterious invisibility of accountability

David J Black: The mysterious invisibility of accountability

David J Black

Melanie Phillips may not be everyone’s favourite journalist or radio opinion former but who could fail to share her astonishment in The Times at the outcome of one of the greatest corporate injustices of our time? Inexplicably, no-one, it seems, was responsible for the relentless persecution and unlawful imprisonment of 960 innocent sub-postmasters and sub-postmistresses for embezzlement, fraud and wrongful accounting. The CEO of an enterprise is normally the designated ‘accountable officer’ though in the case of The Post Office Limited, a government owned so-called arms-length body, it is effectively an infra-state authority, thus some ministerial responsibility should apply.

In this case, disclosed in all its gruesome horror by Radio 4’s Nick Wallis, the degree to which Post Office CEO The Reverend Paula Vennells has escaped Scot-free (other than judiciously stepping aside with a useful £420,000 or thereby pay-off) from a litany of bankruptcies, suicides, divorces, homelessness, and ruined reputations which devastated the lives of many decent, ordinary people and their families is truly breathtaking.

The sum of £420,000 was probably just about enough to keep herself and hubby John, global vice president of digital technology specialists ABB, in the manner to which they are accustomed in their grade II listed 16th century Bedfordshire mansion, and if it wasn’t, then its just as well the lady’s a multi-tasker who can turn her hand to anything. Not only was she preaching in three parishes as an ordained priest, she was also, at various points, on the board of Hymns Ancient and Modern, a member of the C of E’s (don’t laugh) ethical investor advisory group, and an adviser to Downing Street; she was also raking in an extra £196,000 pa from her stint as chair of Imperial College Healthcare NHS Trust and a director of both Morrison’s and Dunelm.

It would be both irreverent and irrelevant to mention that in the USA many erring CEOs – for example Enron’s Jeff Skilling, sent down for 24 years – usually get more than a slight slap on the wrist for indulging in and then covering up dodgy shenanigans, yet this somehow fails to explain how it came about that the Reverend Vennells was invested in 2019 as a Commander of the Most Excellent Order of the British Empire. Admittedly she wasn’t doing Jeff’s insider trading bit.

The honour seems to have been in recognition of her achievement in replacing the Post Office’s previous losses into a modest profit, though given that this was partly achieved by illegally and mendaciously extracting money by, at times, quasi-Stasi techniques from the nation’s sub-postmasters and sub-postmistresses it does seem a bit off-colour in the circumstances, since the fault lay entirely with Fujitsi’s Horizon IT system and Mrs Vennell’s unshakeable faith in it.

The lady was not alone in these various travesties, it must be said, but she does exemplify a species we might describe as the British Teflonocracy, a privileged group easily identified by the fact that none of them must on any account be held responsible for any of the mayhem which follows in their incompetent wakes – something one might have thought unimaginable in our union of ancient nations which, for centuries, has at least aspired to operate within the framework of the rule of law.

It was Baroness Dido Harding, chair of something known hopefully as ‘NHS Improvement’, who fixed Paula up with a job at Imperial College Healthcare NHS Trust after the Post Office gig began to go pear shaped. That’s the same Dido who, after extracting herself from a chaotic embarrassment at TalkTalk, was put in charge of the Department of Health’s £37 billion (not a misprint!) ‘Track and Trace’ fiasco, adjudged by a scathing parliamentary cross-party report Coronavirus; Lessons learned to date, to be a catastrophic basket case after it signally failed to achieve its primary objective, viz. to avoid the need for a second national lockdown, thus saving the national economy.

We might recall that the first lockdown became a gruesome imbroglio after Jockey Club Steward Dido, appointed by fellow Jockey Club Steward Matt Hancock, Health Minister, allegedly lobbied like a wee ferret for the go-ahead of the horse-fancier’s fixture of the year, Cheltenham Festival. As a result Gloucestershire became a Covid hot spot, not forgetting the fact that with 20,000 of the 250,000 attending being Irish, and others being from the length and breadth of the UK, it was obviously the most brilliant superspreader event imaginable, even if the Racing Post did describe the entire disaster as “anecdotal”.

It should not be assumed that the Teflon elites are entirely players at the Court of King Boris, though Dido – the wife of a cabinet minister – certainly is. Long before Prime Minister Johnson was running all Englandshire and its Celtic provinces, though within the Cameron incumbency, the £100,000 per annum chairman of the Post Office was former civil service high-flyer Alice Perkins, also known as Mrs Jack Straw. The scandal may have been festering while she was in charge, but somehow she failed to notice it, for which oversight she later apologised. Then there’s the Reverend Vennell’s predecessor as CEO, Dame Moya Greene, former boss of Canada Post. She was appointed in 2010 but failed to do anything about the scandal despite being tipped off about it in 2011 when an IT audit found that the Horizon system had possible flaws.

It would be a mistake to think that the Teflon elites only thrive in the metropolitan fleshpots of the Thames Valley and its leafy environs. Some years ago your honest scrivener had some marginal connection with a vaudevillian farrago masquerading as a public inquiry into the record-breaking costs of the Scottish Parliament Building in which, ostensibly, “no stone was to be left unturned”. It soon became glaringly obvious, however, that the real purpose of the exercise was to (a) save the necks of certain senior civil servants at Victoria Quay, and (b) to deflect all blame from Tony, Peter, and the UK cabinet, which had commissioned the project and let the contracts before the Scottish parliament even existed. Surprise, surprise; it turned out that no-one was to blame.

These matters are always relegated to the status of water under the bridge, of course. We are urged to ‘learn lessons’ and move on. The one lesson we do learn from our mistakes, as Hegel noted, is that we learn nothing from our mistakes, though the moving on tends to be resorted to with alacrity.

Yet some matters never quite move on, and remain with us. I was reminded about this recently by a friend who referred to a series on medical orthodoxy I’d written for this very journal last year. That learned individual, who unfailingly knows whereof he speaks, claimed that I had made, or at least reported on, some very serious allegations indeed about a study called the PACE trial (or Pacing, Graded Activity, and Cognitive Behavioural Therapy; A Randomised Evaluation) into the debilitating illness, Myalgic Encephalomyelitis/Chronic Fatigue Syndrome (ME/CFS)

To recap, the PACE trial, published in 2011 and funded by the Department of Work and Pensions and the UK Medical Research Council among others, was, at £5 million, the most costly study of its kind ever undertaken in Britain. Publication in The Lancet was followed by an outcry from medical experts and patient advocacy groups sceptical of the methodology used by the trial’s authors.

Kelvin Hopkins MP put down several written questions which implied that fraud had been in play. The Medical Research Council, he suggested in 2015, should conduct an inquiry “into the management of the PACE trial to ascertain whether any fraudulent activity had occurred” and should “prevent the PACE trial researchers from being given further public research funding until an inquiry into further fraudulent activity - has been conducted”. Some weeks later in the House of Lords the Countess of Mar, a long time critic of the dominant ‘biopsychosocial model’ used in the treatment of ME/CFS, asked the Committee of Public Accounts to investigate the possible wrongful use of public funds for PACE, stating that the trial was “professional misconduct and/or fraud”.

In 2018 Carol Monaghan MP, leading a debate on the subject of in the House of Commons, referred to the PACE trial in what can only be described as unequivocal terms. “I think that when the full details of the trial become known, it will be considered one of the biggest medical scandals of the 21st century.”

All statements made within the Palace of Westminster, of course, have the benefit of parliamentary privilege, but by this time there were similar accusations flying around all over the place. In 2018 Dr Sarah Myhill, a long established critic of the biopsychosocial model and its psychiatrist advocates submitted a complaint to the General Medical Council asking that the authors of PACE be investigated for scientific and financial fraud by virtue of, inter alia, false representation, failure to disclose information, and abuse of dominant position. The GMC refused to accept the complaint.

It was put to me that writing a vaguely critical series about a matter which may, or may not, involve some measure of criminality simply wasn’t good enough on my part. If, as some alleged, a fraud had been committed by those engaged in the PACE trial, they should be charged in a properly constituted court of law. Apart from other considerations, if the accusers were mistaken, then those concerned were entitled to be cleared of any vexatious or unsubstantiated charges.

After all, it could be reasonably argued that if the PACE trials had indeed been conducted unlawfully, then the matter was potentially a good deal more serious that a Post Office scandal which, thanks to the insouciance of a Teflon elite, had ruined the lives of 960 innocent people, to the rightful indignation of Melanie Philips. There may be as many as 300,000 people in Britain as a whole suffering from ME/CFS, around 20,000 of them in Scotland. A significant number of them might, just conceivably, regard themselves as victims. Moreover, with the emergence of Long Covid, it seems possible that the number of those exhibiting symptoms of ME/CFS might double.

Then there was the not-so-small matter of a prima facie abuse of public revenues if, indeed, there had been any sort of falsification of results or other misconduct in the PACE trials. This would require an investigation by the UK Comptroller and Auditor General, as well as Audit Scotland, since the Office of the Scottish Government Chief Scientist provided £250,000 towards PACE.

In the event that any incident of professional misconduct had occurred which might, even in abstracto, be construed as fraudulent then, under the hallowed principle of fraus omnia corrumpit it would be customary to refer the matter ‘upstairs’ to England’s Crown Prosecution Service and Scotland’s Crown Office and Procurator Fiscal Service. It was all very straightforward, really.

Taking that as a flea in the ear from my well-meaning friend I thought I should have another look at things, so I did. Oh dear! I’m afraid you’ll have to wait for part two if it’s full disclosure you’re after.

David Black’s forthcoming book The Great Psycho Heist. Is the ‘biggest medical scandal of the 21st century’ about to go viral in the wake of Long Covid? is currently in preparation.

Quote of the day

War begun without good provision of money beforehand for going through with it is but as a breathing of strength and blast that will quickly pass away. Coin is the sinews of war.

Rabelais


A man’s fate is his own temper.

Disraeli


Standing by me. What the fuck that does that mean? Standing by me ain’t the same thing as doing something about some out-of-control fucking psycho!

The Irishman, dir. Martin Scorsese (2019)

And finally… gone to pot

A former prison has found new life as a legal cannabis farm.

What used to be Claremont Custody Centre in California is now a bustling business, with cannabis growing in the garden while staff make edibles in the kitchen and assemble pre-rolled joints in the mess hall.

Brother-and-sister team Dan and Casey Dalton bought the 20-acre site in 2016 for $1.4 million (roughly €1.3 million), nearly wiping out the local council’s debts, NBC reports.

Reflecting on what former prisoners might think about the new use for the site, Mr Dalton said: “I think they would probably have mixed emotions about what we’re doing here. You know, I can only imagine if I serve time here for the same plant and then this is happening.”

The farm is donating part of its revenue to the Last Prisoner Project, a non-profit which helps to free people with cannabis convictions and expunge their records.

“Our saying here is we grow weed at a prison to help people get out of prison for growing weed,” Mr Dalton said.

Property Market – A Perfect Storm for Fraudsters?

Property Market – A Perfect Storm for Fraudsters?

Many commentators have warned that the restrictions on face-to-face meetings and inspections caused by Covid-19, and the pressure to settle quickly to benefit from advantageous market conditions, can create a “perfect storm” for criminals seeking to fraudulently sell property.

A report on money laundering activity showed these fears to be well founded, as property fraud was a key theme with £200 Million of criminal activity in 2020.

Many of these cases relate to transactions where a criminal purports to sell a property without the knowledge or consent of the proper legal owner. Where they are successful, a legitimate buyer and their lender can face enormous losses.

Protection against this type of loss is provided by Stewart Title’s Fraud Solution Policy. This policy offers safeguards against losses arising from fraud for buyers and their lenders where a criminal successfully impersonates the owner of a property. Cover of up to £1,000,000 is available for residential properties in England, Wales and Scotland with premiums starting at £28 (inclusive of IPT).

Solicitors acting for buyers are also protected as all rights of subrogation are expressly waived so their Professional Indemnity Insurance is protected.

Policies can be ordered online at: www.stewartsolution.com. Where cover is required for all of a firm’s buyer and lender clients, it is also available as a Block Policy.

For more details, please contact:

John Logan
Country Manager
01698 833308
john.logan@stewart.com

Elizabeth Birrell
Business Development Executive
07940 513681
elizabeth.birrell@stewart.com

Choosing your Legal Software provider – It’s all about Trust

Choosing your Legal Software provider – It’s all about Trust

There are some key differences between lawyers and other professionals. But, like other professionals, you worry about making the right decision when considering new technology, and just like any other kind of professional, you trust the advice and recommendations of people who know your issues best.

We understand that it is our job is to listen and to learn and then show you that we understand how you practice and the process problems that you face before we would ever ask you for a decision on our software. But we don’t just do that at the point of sale; we keep listening. Our desire to keep improving means we must keep listening. Your feedback on how the system is working for you and what we can do to improve it is fundamental to our business.

Here’s just some of the ways we build Trust.

Price

Some would say that if your pricing isn’t transparent, lawyers (just like everyone else) will get fed up trying to figure out if the product is value for money. You’ll see comments online telling businesses like ours to display our price prominently online – we don’t. We can’t!

You see the truth is, we’re just like you. It’s like being instructed by a client. Ideal scenario would be to tell your client exactly how much your services cost straight off the bat. However, throughout initial consultancy and the onboarding process things change, new info comes to light and only then can we give a realistic price. The benefit we have is once we’ve navigated those hurdles it becomes simple. We can guarantee we have the most competitive pricing model in Scotland. Suitable for firms of all sizes, whether you’re starting out, introducing software for the first time, or looking to change.

Proving it works

Our job is to show you that the software not only works but helps – massively! We’ll point you to case studies and put you in touch with firms using our software.

We need to demonstrate that we understand your problem. Tell us what you need and then let us customise our demonstration for your firm to show you the product in action.

Approaching your challenges holistically

You want the new software to predictably fit into your workflows, and not raise new concerns. You are also worried that it will require a process overhaul and lengthy training before you can reap the benefits. If it requires that you change the way that you do business, then you’re less likely to try and properly buy into using the new platform. The impact on your practice needs to be predictable and you should not have to contend with major disruption to experience the benefits.

Ease of use

You do complicated work and, in many cases, have complicated demands. That doesn’t mean you want complicated software. Lawyers are accused of being averse to trying new tech. However, that’s not a description of lawyers, that’s a description of people! To succeed, technologies in any sector need to be better than the existing approach by a considerable margin. So, to help you understand the benefits, we make our software platform, CaseLoad, familiar and simple to use. If you can’t figure it out within 10 minutes (without any instruction manuals) then it’s too complicated.

Keeping our solutions in search of problems

We know most lawyers are less interested in being “cool” and more interested in being productive, so we bring you solutions rather than the other way around. Of course, you’re interested in new technology that solves problems you encounter every day in legal practice: writing, billing, collecting, client relationship management, etc. All we ask is you show us what you currently do to get through the day. We then get you there - faster.

Let’s get you home on time

I can guess where you don’t want to be at 7pm! Just like everyone else, you don’t want to be in the office! So, while working on our software we’re acutely aware that it must solve challenges in your everyday practice. We know you often have to work late…it’s because you’re busy. If we can help you save time on legal work and help you leave at 5:30pm instead of 7pm you might just buy our product.

Permanency

There has been a burst of activity in the legal software market of late, and lawyers tend to wonder whether the extraordinary growth a company like Denovo has had is sustainable. It is a serious question. If you do like our product and company, will it have longevity? This is one of the many reasons that lawyers return again and again to the big name companies, despite that they may often be lagging in terms of innovation or having the ability to customise their software for Scottish firms. We want you to trust us with your problems, so we’ll tell you candidly about our past and future.

If you think this approach would work for you call us on 0141 331 5290, denovobi.com or if you would prefer to write to us our email is info@denovobi.com.

Pitching your business to the Dragons  

Do you know your numbers?

Looking at the questions the Dragons fire at applicants in the hit TV show Dragons Den, it’s clear that whatever your ambition, whatever your business project, you need to understand the mechanics of your business before anything else - whether you want investment or simply want your business to succeed. Time and again the same questions are asked by the Dragons to those looking for investment. And time and again entrepreneurs and business owners come up short when it comes to the numbers.  

It may or may not surprise you to know that 70% of businesses don’t know their key numbers – P&L, KPIs, cashflow projections, fees in, fees out, gross profit, net profit, wage bill, etc. We also know that many law firms tend to work their numbers out manually on spreadsheets. Incredible really when there are so many tools available to make that part of a lawyer’s life a hell of a lot easier. And would make your pitch to Peter and Deborah a little less tense!

Cringe!  

We’ve all been there. We’ve all sat in front of the telly with bated breath waiting to hear if the person under the spotlight can confidently talk about (DUN, DUN DUN) THE NUMBERS!! You’ve probably cringed as much as we have when you hear applicants stumble and struggle over the financials of their business.   

Picture yourself in a room with the Dragons. Would you be able to hold your own, get the numbers right and get a much firmer footing to secure an investment in your law firm? 

Now picture yourself in a room with your partners.

Pitfalls  

Let’s start by looking at all the pitfalls of not knowing your law firms’ numbers… 

Managing finances can be a challenge. Not having the experience or the time to dedicate to your firms’ finances means that many law firm owners don’t feel in control of them.  

To be blunt, not knowing your firms’ numbers could result in the failure of your business. Finance is really the overall health of your law firm – is your law firm getting its five a day or is there a giant heart attack coming!  

Benefits  

Now, let’s look at all the benefits of having support to manage and know your numbers inside and out… 

Cashroom clients receive many benefits using their Management Accounts service. Budgets, cashflow projections and monthly management accounts are crucial to knowing where you are and predicting where you are going. 

Tracking profit and loss

One of the fundamentals for any business owner - are you making money from your labour? There are of course businesses that exist as not for profit but for most business owners the whole point of the firm is to make a living. Do you know whether you are profitable on a month-to-month basis? This is not merely as simple as having money in the bank to pay the bills, employee wages, and the myriad other costs of business and your system generated reports alone may not be enough for you to determine how profitable the business is. A good practice management system, like Denovo’s CaseLoad, allied with professional assistance from a Cashroom accountant can help you to track profitability on a monthly basis, which neatly leads to… 

Identifying business trends  

Do this regularly! You will never have a proper handle on your finances if you are only looking at them once a year for compliance purposes. Your business might not be at the stage of needing a full-time experience finance professional, but you can set up a monthly meeting with Cashroom’s Management Accounts team to give you that value add and experienced insight into your finances. Do you know how well each work type is doing? Do you have any seasonality within your business? Do you know if your business is growing, treading water, or contracting? Regular and appropriate management information can assist you with understanding your business in additional detail. 

Performance Management  

You can use regular financial analysis and data to view how each individual at your firm is contributing to the success (or otherwise) of your business.

You can create financial targets for billing and utilisation amongst many meaningful metrics and targets to performance manage your employees. If you are trying to grow your business, visible and comprehensible management information will let you know when it is time to invest your hard-earned cash into people, processes or workstreams.  

Future planning  

There will always be business issues that need to be addressed today, but when it comes to your finances, you also need to be able to plan. Will there be a shortage of cash coming down the track from poor credit control, a significant VAT or PAYE liability, an income or corporate tax liability, or from a downturn in business. If you are not planning financially then it is easy to run into difficulty very quickly. The most successful firms always have an eye on the future.  

Seeking investment

Amongst many things businesses have become more aware of from the Covid-19 pandemic, one key issue has been access to finance. Whether that has been freely available government support or additional support from funding providers there is generally a need to demonstrate solid underlying financial performance to even agree a bank overdraft. If the firm is looking for external investment or loan funding to expand or carry out particular projects, it is vital to have up to date financial information. No Dragon would be remotely interested in investing in a business that was unable to demonstrate its current financial performance, let alone the expectations for the future. If you do nothing else, please consider these top tips and ask yourself if you’re happy that you have the necessary financial information to run your firm successfully.   

If you want to learn more about Denovo’s integration with Cashroom and get support to know your numbers inside and out from the most intelligent legal software and service providers in the country, visit denovobi.com/Cashroomintegration , email info@denovobi.com or call us on 0141 331 5290. 

Your trusted partner for title indemnities

Stewart Title Limited is dedicated to ensuring that your property transactions proceed speedily and with peace of mind towards completion through the use of our policies.

We can provide the following:

Online Ordering

Our Stewart Solution application enables you to get a quote for more than 150 title risks in three easy steps. Our technology can reduce time, costs and the risk of errors, streamlining your practice.

Bespoke Solutions

Our knowledgeable Underwriting Team is available for more complex matters or where you need to discuss your transaction.

Dedicated Service

We approach working with our clients as a partnership – responding quickly to your needs, understanding the problems you face and providing prompt solutions to help resolve potential issues.

Contact us to discuss your transaction. We would be pleased to assist you.

Elizabeth Birrell

07940513681

elizabeth.birrell@stewart.com

www.stewartsolution.com

Global Language Services Ltd

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

Please note that Scottish Legal News accepts no responsibility for viruses. It's your responsibility to scan attachments.

Scottish Legal News strives to be accurate. If you see anything in our publication which is misleading or wrong, please contact us.

You can find the most up-to-date information about how to contact Scottish Legal News on our website.

© Scottish Legal News Ltd 2025
You are receiving this email because you are subscribed to Scottish Legal News.