We’re heading to Chicago!
Our Senior Partner David McKie is thrilled to be attending the Legal Netlink Alliance Global Meeting this June 18–21, 2025 — and this year’s gathering promises to be something truly special.
We’ve been proud members of LNA for 25 years, and over that time we’ve had the pleasure of closely collaborating with many member firms across the globe.
David McKie said “I am looking forward to representing the firm at the conference later this month to discuss and compare common issues which face the legal profession across the globe. This event takes place 25 years since the first conference L&M attended and we look forward to celebrating our continued collaboration with our LNA partners at the home of one of the founder members.”
LNA has been more than just a network to us — it’s been a community that brings together incredible legal minds from around the world. Whether it’s through knowledge sharing, cross-border referrals, thought leadership, or friendships built through in-person meetings, the value we get from this alliance is immeasurable.
The Global Meeting is one of the highlights of our calendar — and this year, it’s happening in Chicago, hosted by Aronberg Goldgehn, one of LNA’s founding firms. We’re looking forward to thought-provoking discussions, reconnecting with colleagues, meeting new faces, and shaping the future of legal practice together.
We are delighted for Cameron Irons, our second year trainee, on his recent appointments to the Criminal Law and Public Policy Committees of the Law Society of Scotland.
Both committees are important advisory groups that represent the interests of the Scottish solicitor profession, as well as helping to shape public policy, parliamentary legislation and the overarching governance of our professional regulators.
Although Cameron is relatively new to legal practice, he brings a wealth of unique experiences to these influential roles, including his work as a Board Director of Citizens Advice Bureau and his representational role within the Royal Faculty of Procurators in Glasgow.
David McKie, Senior Partner, said “We are confident that Cameron will excel in advocating for the interests of fellow junior lawyers and use these opportunities to advance the important work of our Law Society.”
The firm is delighted to announce the appointment of Malcolm Cannon as our new COO.
Malcolm joins the firm with a wealth of experience in both industry and in the legal sector.
A former CEO of major Scottish businesses, industry representative bodies and legal businesses, Malcolm brings his vast expertise working both in the public and private sectors.
His previous legal roles have included McLay Murray & Spens, ESPC and Simpson and Marwick.
David McKie, senior partner of the firm said “We are absolutely delighted to welcome Malcolm to the firm. His experience and skills in multiple sectors will enhance the holistic and innovative approach we have always taken to the business. He will help maintain and renew our focus as we enter new territories in the law with the advancement of digital technologies and flexible working arrangements.”
Malcolm Cannon said “I am absolutely thrilled to be joining such an innovative and forward-thinking firm. I was struck by the energy and enthusiasm of the firm, which is clear from its diverse and high profile practice areas. I look forward to working with L&M’s committed and driven team to maintain and enhance their reputation as one of the leading niche practices in Scotland.”
Our firm reaffirmed its standing as a leader in Scottish criminal law as two of our partners delivered presentations at the annual CLT Criminal Law Conference in Glasgow yesterday. This event brought together leading professionals to discuss key developments over the last 12 months in criminal law in Scotland.
Our Senior Partner, David McKie provided the conference with an overview on Countryside and Wildlife Laws, an area of Scots Law where he is a leading expert. His talk covered the Wildlife and Countryside Act and how that UK statute differs so markedly in Scotland from England; the Animal Health and Welfare (Scotland) Act and the extended powers of the Scottish SPCA; and firearms law which is very heavily regulated.
Neil Hay, Partner and Head of Private Crime had the privilege of hosting the conference, ensuring a structured and engaging platform for discussion and debate on criminal law issues. Neil also delivered a talk on “Dealing with Hearsay in Criminal Trials”, detailing what hearsay evidence is and why it is generally inadmissible, together with how to object to hearsay evidence. Neil also covered the common law and statutory exceptions to the hearsay rule and provided guidance on when hearsay can be used in criminal trials.
Both partners and other expert speakers addressed a wide range of pertinent topics, underscoring the ever-changing nature of Scottish criminal law and the complexities practitioners must navigate.
Levy & McRae remains dedicated to maintaining its position at the forefront of legal developments, ensuring that our clients benefit from sophisticated, informed representation. Our active participation in high-profile industry events such as this underscores our commitment to excellence, thought leadership, and the ongoing evolution of the Scottish legal sector.
A Fantastic Start to Our 2025 CPD Seminar Series
A huge thank you to everyone who attended our first CPD seminar on 27th February. We were pleased to welcome guests from several prominent law firms including Brodies LLP, Harper Macleod LLP, Family Law Matters Scotland LLP,Fleming and Reid Solicitors, JustRight Scotland, Beltrami and Company, all eager to learn, engage in insightful discussions and expand their professional networks.
The evening featured expert speaker presentations from our Partner and Head of Private Crime Neil Hay and Consultant Kirsty Yuill on Domestic Abuse from a Criminal and Civil Law Perspective, with a focus on explaining the policies and legislation available to protect complainers and victims of domestic abuse in both the criminal and family courts.
The presentations were followed by a lively Q&A session where attendees explored the application and effectiveness of current laws, as well as potential future reforms.
One of our attendees provided this feedback: “Both presentations were excellent”.
After the seminar, guests enjoyed an evening of drinks, canapés, and networking, making valuable connections within the legal community.
This event was the first in our 2025 CPD series. Details of our next CPD seminar will be published soon, as we continue to provide opportunities for legal professionals to learn and connect.
We are proud to announce our sponsorship of the Moorland & Wildlife Management Conference 2025. The conference will take place on Wednesday, May 7, at Scone Racecourse.
Senior partner, David McKie, will deliver the headline sponsor keynote address at the conference. David is a renowned expert in Wildlife and Rural law.
The Moorland & Wildlife Management Conference is an unmissable event for anyone with an interest in the management of moorland and wildlife in Scotland. The conference will feature a range of expert speakers alongside David, including Jim Fairlie MSP, Minister for Rural Affairs and the Natural Environment; Dee Ward, Chairman of the Scottish Land & Estates; and Ross Ewing, Conference Chair.
With expert insights on wildlife management, legislative updates, and the future of our moorlands, this is an unmissable event for landowners, gamekeepers, deer stalkers & rural professionals.
The firm is delighted to sponsor this event and to support and serve this community with our sector leading legal expertise.
For more information about the conference, please visit the Scottish Land & Estates website.
Levy & McRae is pleased to announce a series of CPD and networking seminars taking place throughout 2025. These exclusive events will feature expert speakers from our firm, covering key current legal topics that are essential for legal professionals to stay ahead in their practice.
Our CPD seminars provide an excellent opportunity to enhance your legal expertise, gain valuable CPD hours, and engage in meaningful networking with peers from across the legal profession. These sessions are open to lawyers from all firms.
First Seminar: 27th February 2025
We invite you to join us for the inaugural seminar in our 2025 CPD series, which will take place on Thursday, 27th February 2025 at our Head Office in Glasgow. Details are:
Title: Domestic Abuse from a criminal and civil law perspective; what are the protections available to complainers and victims?
Domestic abuse cases are prevalent in both the criminal civil courts. Many lawyers will be familiar with the types of issues experienced by victims and complainers in criminal and civil proceedings. The seminar will explain the policies and legislation available protect complainers and victims in both the criminal and family courts. There will also be an opportunity to put questions to our experts.
Speakers: Head of Private Crime, Partner Neil Hay and Consultant Kirsty Yuill
Venue: Levy & McRae Glasgow office, 6th Floor, Pacific House, 70 Wellington Street,Glasgow, G2 6UA
The event schedule is as follows:
5:30 PM – Guest arrival and registration
5:45 PM – 6:45 PM – CPD talk delivered by expert speakers from our firm, with a Q&A session in the final 15 minutes
6:45 PM – 7:30 PM – Complimentary drinks, canapés, and networking
This session will be held in person only, ensuring an engaging and interactive experience for attendees.
Register Your Interest
Spaces are limited, so we encourage you to register your interest early to secure your place at this first event. Further details on upcoming seminars and topics will be announced in due course.
We look forward to welcoming you to an insightful and rewarding evening of professional development and networking.
To register, please email Michelle McKinnon – MMckinnon@lemac.co.uk
We are delighted to welcome Laurelle Johnstone to our Criminal Law team. With experience in both prosecution and defence, Laurelle brings valuable insight and practical knowledge to our Department.
Laurelle initially gained criminal law experience as a defence solicitor in private practice, appearing in courts throughout Scotland. In the last four years Laurelle has served as a Procurator Fiscal Depute, prosecuting a vast amount of cases at both summary and solemn level. Through working with the solemn team, Laurelle has developed significant knowledge of the law in relation to sexual offence cases.
“We are very pleased to have Laurelle join our team,” said Neil Hay, Partner and Head of Private Crime. “Laurelle`s background in both prosecution and defence enhances our ability to serve our clients effectively.”
As our Criminal Law department continues to grow, we remain committed to building a team of highly skilled professionals who uphold our dedication to legal excellence.
We are proud to announce that Neil Hay, our Partner and Head of Private Crime has once again been featured in the prestigious 2025 Spear`s 500 Index, an annual listing by Spear`s Magazine that highlights the top lawyers in criminal and white-collar crime serving high net worth and ultra-high net worth clients. Neil`s full listing can be viewed here: Neil Hay Spear`s 500 Index listing.
This recognition follows upon the recent succes of the firm being named Crime Firm of the Year at the Legal 500 Scotland Awards.
Neil remains the only Scottish criminal lawyer to be included in this directory, solidifying his reputation for excellence and leadership in the field.
Commenting on the recognition, he said:
“It is a privilege to be recognised again for our work in criminal law, particularly in such a highly regarded directory. Our focus on providing strategic and discreet representation for high net worth individuals remains at the heart of everything we do, and it’s gratifying to see that commitment acknowledged.”
This achievement underscores our unwavering commitment to providing excellent legal representation to clients who require the utmost in skill, discretion, and strategic advice and representation.
Accused Unfit to Stand Trial Examination of Facts Case Study by Andrew Seggie, Senior Associate
I was recently instructed in a high-profile case at Edinburgh Sheriff Court. My role was to represent an accused individual, now in his 80s, facing serious allegations of physical abuse dating back to 1967. Our early involvement in the police investigation allowed for extensive communication with both the police and the Procurator Fiscal’s office.
Understanding Client’s Needs and Legal Challenges
The situation was particularly challenging because our client suffered from Alzheimer’s disease, which impaired his ability to engage in the process or provide appropriate instructions. Despite these challenges, the prosecutor decided that proceeding with the case was in the public interest due to the sensitive nature of the allegations and the number of complainers involved. Given his age and condition, he was neither formally interviewed by the police nor appeared on petition, typically a crucial starting point for solemn procedure cases in Scotland.
Prosecution Decision and Legal Framework
The prosecutor shifted the course of the case towards an examination of facts hearing instead of a traditional trial. This process, as defined by the Criminal Procedure Scotland Act 1995, focuses on determining whether the facts of the case are established beyond reasonable doubt, without resulting in a conviction. The court’s decision revolves around the facts rather than the accused’s guilt.
Assessing the Indictment and Charges
An indictment was served, with the first diet scheduled for November 2023. Although medical reports confirmed our client’s unfitness for trial, the indictment included 37 charges, covering incidents from 1967 to 1987, involving over 35 former school pupils. Despite the lack of direct client instructions due to illness, we were still obligated to agree on uncontroversial evidence to minimise case duration.
Defence Strategy and Court Dynamics
The examination of facts took place in March 2024 over 12 days. One major hurdle was the unavailability of full client instructions, which limited our ability to present his position during cross-examinations. We relied on the testimony of his family, who had welfare power of attorney, and were present during some allegations. Additionally, we had to handle cross-examining vulnerable complainers sensitively, without the usual protective measures, as our client was absent from court.
Compounding the complexity was the emotional toll on the family and the intense media scrutiny surrounding the case. Ultimately, the examination concluded with the facts established in 33 out of 37 charges, though some faced significant deletions.
Reflections and Takeaways
This case proved to be one of the lengthiest and most challenging in my legal career thus far. Collaborative teamwork, particularly involving younger trainee solicitors, played a pivotal role in navigating the intricate proceedings. It underscored the necessity for meticulous preparation and cooperation to secure optimum outcomes for clients, regardless of the complexities involved.
