According to the Daily Record, the number of women training to be advocates in Scotland's courts is set to equal the number of male devils for the first time.

Numbers of women have risen recently and this year's autumn intake is almost an equal split.

Claire Mitchell, one of the 110 female practising advocates in Scotland, is quoted as saying: "The figures are a very promising sign for women in the business. The Law Society estimate that by 2011, there will be more women than men in the legal profession."

"No doubt at some time, there will be a 50-50 split at the faculty as well."

The Record also reminds us that Scotland's first female advocate was Margaret Kidd, who was admitted to the Scottish Bar in 1923 and continued to practice until 1974.

Labels: Faculty of Advocates, News

The Stornoway Gazette reports that Calmax Construction Company, based in Lewis, were fined a total of £10,000 for waste and pollution charges.

It seems that Calmax were demolishing a house and the rubble left over contained a substantial amount of asbestos. Rather than, I don't know, calling in some experts to get rid of this hazardous substance safely, Calmax decided to simply burn it. Their crime was only detected by the eagle eyes of "a passing officer" from the Scottish Environment Protection Agency.

Am I alone in thinking that the fine in this case is not set at a level likely to deter? I don't know what the going rate is for safely disposing of a houseful of asbestos, but I reckon that it's expensive enough to make an asbestosis bonfire a profitable venture at that level of fine. To my mind the directors of the company should be ordered by the court to eat anything they haven't disposed of correctly.

The image shows a close up of asbestos (when not on fire).

Labels: criminal law, Environmental Law, News

So, other than Gavin Henson's return to first team rugby with the Ospreys, what else has caught my eye today?

Well, Mark Irvine of Action 4 Equality has discovered that the cost to Glasgow City Council of all the "independent" lawyers advising equal pay claimants on their compromise agreements back in 2005 was a hefty £347,477.76 - quite a pay packet. Fortunately, the Council made doubly sure that they were paying the female lawyers the same rate as their male colleagues.

I also came across an equal pay campaign initiated by the Conservative party (sic) which reveals that over a lifetime the cost of being female in lost wages alone is £300,000! (And that's before you add in the price of killer heels and matching handbag for the interview.) The campaign's slogan, "Women - Like men, only cheaper." is a good one in that it's not at all open to misinterpretation or innuendo.

Labels: Discrimination, Employment Law, Glasgow, Tax

How awkward! My 100th post, and I have to use it to apologise for an error in the post below.

It seems that the litigant in the Ryanair case was not the advocate Maurice O'Carroll, but in fact his Mum & Dad. Sorry to all concerned, and thanks to Jonathan Mitchell for pointing out the mistake.

Remember kids, when you assume, you make an "ass" out of "u" and "me"!

Labels: site updates

Congratulations to Maurice O'Carroll, advocate and his good lady wife for their recent court victory over Ryanair. Mr. O'Carroll acted as a party litigant (kind of) in suing the aforementioned airline for damages occasioned by a delayed/cancelled flight. You can read the judgement here: O'Carroll v. Ryanair.

Two points occur to me. One, how useful to be able to sue for delays at airports and two, how interesting that even advocates take budget flights. The credit crunch is affecting even counsel it seems!

Finally, a big welcome to the website of Maurice O'Carroll which has now been added to our Advocates page in the links section.

Labels: Faculty of Advocates, News, site updates

The following caught my attention while browsing PanGloss on the subject of suicide websites.

The UK Government has announced that the law on "suicide websites" is to be rewritten to ensure people know they are illegal. It follows concerns that people searching for information on suicide are more likely to find sites encouraging the act than offering support.

It is already illegal under the Suicide Act 1961 to promote suicide, but no website operator has yet been prosecuted.

Lilian Edwards (the author of PanGloss) worries that this will lead to a blanket blocking of all suicide related websites, including those offering valuable support. She also points out that suicide law is different in Scotland and predicts that if this is not adequately dealt with, we might see an upsurge in suicide websites hosted on Scottish servers!

Image is the logo from the website: To Write Love On Her Arms, a non-profit movement dedicated to presenting hope and finding help for people struggling with depression, addiction, self-injury and suicide.

Labels: criminal law, News

Mike Dailly of the Govan Law Centre returns from Cameroon with news that the government there are supporting efforts to establish the country's first law centre in the region of Bamenda.

After winning verbal support from local ministers, Mr Dailly is working to raise funds for a law centre in Bamenda, to be built and run by local human rights workers. He said: "It will offer people access to lawyers they could not otherwise afford and educate them about their rights to make sure they are less vulnerable to exploitation."

This is also great news for Toto fans, as it gives me another excuse to post a YouTube clip:

Labels: Human Rights, Law Centres, News

The Scotsman carries a story about the concerning rise in the number of children in secure accommodation in Scotland. The number of admissions has risen from 307 last year to 346 this year, with over 10 per cent under the age of 13.

Labels: Children, News

Just came across this post on the extradition of the Howes family by/to the USA.

According to the website, the family ran a small business selling chemicals over the Internet from the home in Bo'ness. However two of the substances they sold were iodine and red phosphorus. The former has medical uses and the latter is often used in the manufacture of fireworks and other pyrotechnics.

Their business was perfectly legitimate, had been checked by the Health & Safety Executive and neither substance is controlled under Scots (or UK) law. However, they are ingredients in crystal meth, and as such US enforcement agencies have decided to take action.

Under the terms of the draconian extradition treaty our government has kindly signed with the United States, US law enforment agencies no longer have to provide evidence of a prima facie case in order to secure extradition.

And so, due to our efforts to fight the "war on terror", a Scottish couple running a legitimate business have already spent 7 months on remand and may well end up spending the next twenty years of their lives doing hard time in an Arizona prison.

Which seems a little harsh, doesn't it?

Labels: criminal law, Health and Safety, Human Rights, News

My thanks to those lovable folks at the IP Kat for drawing my attention to this fantastic Disney-parody explanation of copyright law and "fair use". Confused? Just watch and enjoy...

Labels: IP, Just for Fun

Scots Law Blogger, Jonathan Mitchell QC brings us an interesting piece on some potentially thorny questions arising from the recently announced Legal Profession (Scotland) Bill.

Covering questions including the "cab-rank rule" and "mixed doubles", his post on The Proposed Legal Profession Bill is well worth a read.

Perhaps the Bill will finally sort out all the mixed metaphors which so bedevil one down at the Faculty.

Labels: Faculty of Advocates, News, Scottish Parliament

With thanks to the "Lawyer TV" channel on YouTube, footage of Dr. Pamela Abernethy of Simpson & Marwick Solicitors giving evidence to the Scottish Parliament's Justice Committee to the effect that Pleural Plaques are "a good thing".

Labels: News, Scottish Parliament

From Friday's Herald:

"In The Herald ... yesterday, it was wrongly stated that Lady Cosgrove, Scotland's first female judge, had died. She is, in fact, chairing the public inquiry into why patients were infected with HIV and Hepatitis C contaminated blood. We apologise to Lady Cosgrove for this error. In addition, there are four women judges in Scotland, not three as stated in the article."

Labels: News

Scotland's Commissioner for Children and Young People, Kathleen Marshall, has announced that she will not seek reappointment when her term of office comes to an end next April.

The Scottish Parliament's Corporate Body (SPCB) will recruit her successor.

Kathleen Marshall said how grateful she was for the help and support she'd received from many individuals, groups and particularly children and young people who had helped to shape her work and made it so rewarding:

"It has been a great privilege to be Scotland's first Commissioner for Children and Young People.

"I hope I have made a difference to the lives of children, especially those whose rights were most under threat, such as asylum seekers, children with disabilities and those in care.

"However, I believe ten years would be too long to stay in the post. This seems the right time to step down as it is a natural break and the office is ready to consult on a new set of priorities."

The Commissioner's report on the age of leaving care showed that eight times more young people left care at 16 than at 18, despite law and policy advocating that they stay in for longer. It was clear that there was a strong culture that led people to identify 16 as the age for leaving care. Activities designed to shift this culture have included a parliamentary debate and distribution of thousands of leaflets, designed with the help of some of the young people affected.

Kathleen Marshall emphasised that her work was not yet finished:

"[T]he coming months will be dominated by the UN's scrutiny of the UK's record in implementing the Convention on the Rights of the Child. I was in Geneva in June to tell the UN how I saw the situation. I will be there again on 23rd September to watch the Government being questioned. And I will be working after that to ensure that the UN's recommendations are monitored and translated into reality."

Labels: Children, News

The Scottish Ministers have decided (on 3rd September) not to call in an application by Go Ape! to build an adventure playground in Pollok Park and have sent it back to Glasgow City Council. The volume of objections is not technically allowable as a reason to review the planning decision - so campaigners are now at the stage of challenging the Council's legal competence to grant a lease at all.

Campaigners argue that the Council had no legal right to approve in principle a lease for Go Ape! in Feb 2007 and the Councillors were misinformed at the Committee which did this.

A solicitor on behalf of Save Pollok Park wrote in April 2008 to the City Council, reminding them that the disposition of Pollok to the Council prohibits developments such as Go Ape! without the agreement of the National Trust for Scotland and the Maxwell family.

It has further been argued that Pollok falls within the definition of "Common Good" and that the Council has failed so far to place it on the Common Good register.

Labels: Environmental Law, Glasgow, News, Scottish Government

From the pages of Jonathan Mitchell QC:

The Murray Stable has now formed four special interest groups: employment, public law, commercial and insolvency, and family law. The Family Law Group is holding a public launch on 22 September at the Mackenzie Building, which is behind the Fringe Office at 172 High Street, EH1 1QX.

The event has been designed in the form of a debate with the following topic:

"Scots Law has no effective means of dealing with mothers who will not allow contact."

The Motion (taking its format from a four-speech Appeal in the Court of Session) will be argued by Janys Scott QC and Ross Macfarlane, Advocate and will be defended by Jonathan Mitchell QC and Kirsty Malcolm, Advocate. Each advocate will speak for less than ten minutes and the event will be chaired by noted child psychologist and FLaG member Professor James Furnell.

This will be a lively event with lots of scope for audience participation and discussion. The event qualifies for one hour of CPD and gives you the chance to meet informally with members of the Group and its clerking support. It will take place on Monday 22nd September 2008 at 5.30pm in the Mackenzie Building, Old Assembly Close, 172 High Street, Edinburgh EH1 1QX.

The programme is:

• 5.30 Registration: tea and coffee
• 6.00 Introduction by Professor James Furnell
• 6.10 Debate, followed by questions from the audience and plenary discussion
• 7.00 A Brief Word on Clerking: Iain Murray, Murray Stable Practice Manager
• 7.10 Wine and light refreshments

Places are limited and anyone wishing to attend should contact the Murray Stable, preferably by email.

Labels: Children, Events, News

As reported by Techno Llama among many, many others, Google's new browser "Chrome" had a few teething problems, with initial versions of the Terms of Use claiming the rights to "any Content that you submit, post or display on or through the Services." What? Everything?

Panic over! Google say this was just an admin error and have replace the offending item with the inoffensive "You retain copyright and any other rights that you already hold in Content that you submit, post or display on or through the Services."

Much better. That'll teach you to read the small print, though!

Labels: IP, News

In an outstanding example of joined-up government (or, depending on your view, hypocrisy and stupidity), Aberdeen City Council are calling on the Scottish Government to allow them to pass local laws to criminalise begging on the streets.

This, just months after the Council cut £900,000 of funding from the Cyrenians, a homeless charity, forcing the closure of several shelters for the homeless.

The picture is Bartolomé Esteban Murillo's "Beggar Boys Eating Grapes and Melon"

Labels: criminal law, News

The Scottish Government has announced its legislative programme for the coming year. Here it is in full:

• EDUCATION (ADDITIONAL SUPPORT FOR LEARNING) (AMENDMENT) (SCOTLAND) BILL;
• ARBITRATION (SCOTLAND) BILL;
• BUDGET (SCOTLAND) BILL;
• CHILDREN'S HEARINGS (SCOTLAND) BILL;
• SCOTTISH CLIMATE CHANGE BILL;
• COUNCIL TAX ABOLITION (SCOTLAND) BILL;
• CRIMINAL JUSTICE AND LICENSING (SCOTLAND) BILL;
• FLOOD RISK MANAGEMENT (SCOTLAND) BILL;
• HEALTH (SCOTLAND) BILL;
• LEGISLATIVE REFORM (SCOTLAND) BILL;
• LEGAL PROFESSION (SCOTLAND) BILL;
• PUBLIC SERVICES REFORM (SCOTLAND) BILL;
• SCOTTISH MARINE BILL;
• SAFEGUARDING RURAL SCHOOLS (SCOTLAND) BILL;
• SCOTTISH CLIMATE CHANGE BILL; and
• SCOTTISH PARLIAMENT AND LOCAL GOVERNMENT ELECTIONS BILL.

And the analysis? Well a grand total of 12 "(Scotland)" Bills to only 4 "Scottish" Bills. A clear majority for the brackets. I just hope that in their enthusiasm to abolish Council Tax, the Parliament forgets to enact an alternative!

Labels: News, Scottish Parliament

You may already have noticed, but there have been a few changes to the Legal Links section of the website, in particular, some tweaks to the Courts & Case Law page and a new(ish) Tribunals page.

The Sheriff Officers and Messengers-at-Arms page has also been updated. Do have a look and let me know what you think. All feedback much appreciated.

Labels: site updates

More news in the Sunday papers about the evil Glasgow Bar association. Hot on the heels of revelations that the GBA had hired a PR firm (No!), is the news that a number of the lawyers involved in the GBA actually make money from Legal Aid.

This presumably gains its shock value from the fact that most people assumed that the Scottish Legal Aid Board's budget had already been reduced to the extent where no-one made a living from it any more.

The response from the press to the GBA's campaign highlightng the dangers of "diversion" has - to my mind - been missing the point. Even if we were to assume that the whole campaign is fuelled by greed, can we please address the points it raises? Should offenders who are guilty of the kinds of criminal activity noted in the examples given (including serious assaults, offensive weapons, firearms etc.) be dealt with by way of diversion from the courts?

If we (as a society) are happy with that, then all well and good. If not, then let's address these genuine concerns and shut up about the nasty lawyers who are raising them. If they're really making as much money as some claim, then surely Gordon Brown PM will be levying a windfall tax before too long?

Labels: criminal law, News