athomson, Author at Levy & McRae

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.

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.

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

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.

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.

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.

Neil remains the only Scottish criminal lawyer to be included in this directory, solidifying his reputation for excellence and leadership in the field.

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.

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.

As the year comes to a close, we wish to express our gratitude to our valued clients and dedicated team.

Senior Partner David McKie said: “At this festive time of year, we take this opportunity to thank our valued clients and dedicated team for their continued trust, hard work, and support throughout 2024. It has been a privilege to work with you, and we look forward to achieving new milestones together in 2025. Wishing you a wonderful Christmas and a New Year filled with happiness, health, and success.”

We are truly thankful for the trust and collaboration that made this year so rewarding.

Wishing you a holiday season filled with joy and a New Year of success and growth.

At Levy & McRae, we are delighted to announce that two of our talented L&M MediLaw solicitors have in the last few days achieved Law Society of Scotland certifications that underscore our commitment to client care and accessibility. Suzanne Williams, Senior Associate has become a certified Trauma-Informed Lawyer, and Nadine Montgomery Allam has earned certification in Child-Centred Practice. These accomplishments reflect our dedication to being not only legal experts but also compassionate advocates for our clients.

Our MediLaw team specialises in medical negligence and serious injury claims, a field that often involves clients navigating some of the most challenging times in their lives. By adding these specialised certifications to our skillset, we are better equipped to provide empathetic, tailored support to clients who may be experiencing trauma or who require sensitive, child-focused assistance.

The Trauma-Informed Lawyer certification equips Suzanne with the tools to approach clients and cases with heightened sensitivity to the effects of trauma. This ensures that every interaction acknowledges and respects a client’s emotional and psychological wellbeing.

Meanwhile, the Child-Centred Practice certification gained by Nadine enables our team to prioritise the unique needs of children and young people in medical negligence cases. This focus helps us communicate effectively with younger clients, address their specific concerns, and ensure their voices are heard throughout the legal process.

A Multi-Disciplinary Approach to Excellence

Our medical negligence and serious injury team prides itself on its multi-disciplinary approach, bringing together a range of perspectives and expertise to deliver the highest quality service. This approach has already earned us recognition, including the prestigious Scottish Legal Awards Excellence in Client Care Award. These new certifications further enhance our ability to deliver on that promise.

Thoughts from Our Senior Partner – David McKie

“Our team is committed to combining legal expertise with genuine compassion and understanding,” said David McKie, Senior Partner. “These new certifications exemplify the innovative spirit of our team and our dedication to ensuring every client feels supported, heard, and cared for. I’m incredibly proud of their achievements.”

The UK Government have shown recent determination to deliver a contemporary programme of wide-ranging reforms that are designed to tackle economic crime, improve the transparency and accountability of corporate entities and support national economic security. The Economic Crime & Corporate Transparency Act 2023 (‘the 2023 Act’) is a key piece of legislation associated with these reforms, which has important implications for large organisations.

The offence of Failing to Prevent Fraud is committed by the organisation where an employee, agent, subsidiary or other associated person commits a fraud which is intended to benefit the organisation, and the organisation does not have reasonable fraud prevention measures in place. For the offence to be committed, it is not necessary for any of the directors or senior managers within the organisation to have known of the fraud.

The rationale behind creating such an offence is to broaden the scope of corporate criminal liability for organisations, and to increase the level of accountability in situations where employees or other associated persons are engaged in fraudulent activity that is potentially benefiting the organisation, or in certain circumstances, the clients of the organisation. As part of a wider corporate cultural shift, the new offence is designed to encourage more organisations to implement and enhance their own fraud prevention frameworks.

On 6 November 2024 the UK Home Office published guidance in relation to the criminal offence of Failure to Prevent Fraud under Section 199 of the 2023 Act. The offence applies to large, incorporated bodies such as companies and LLPs, as well as partnerships. It also applies to certain public bodies incorporated under Royal Charter. However, the offence can only be committed by “large organisations”. These are defined as organisations which meet two out of the following three criteria:

The offence comes into effect on 1 September 2025, which allows time for organisations to consider their current fraud prevention measures, to obtain specialist legal advice and to introduce further procedures if necessary.

If an organisation is investigated and subsequently prosecuted for the offence under Section 199 of the 2023 Act, it is a defence to the charge if the organisation can prove that at the time the fraud was committed “(a) reasonable fraud prevention measures were in place or (b) it was not reasonable in the circumstances to have prevention measures in place”.

If an organisation is prosecuted in court, the onus of proof falls upon the organisation to establish that it had in place appropriate procedures to prevent fraud, with the standard of proof being measured on the balance of probabilities.

Organisations will not only wish to pay particular regard to the activities of their employees but will also have to pay careful attention to arms-length individuals or entities in their organisations, including agents, subsidiaries and other associated persons. It is imperative for organisations to have comprehensive procedures in place so that in a scenario where they face criminal investigation or prosecution, they can demonstrate they have appropriate procedures in place to prevent fraud, or that none were necessary in the particular circumstances of the case.

If an organisation is facing criminal investigation and potential prosecution, a great deal of time and resources will be required to prepare a defence, and to mitigate the risks of reputational harm. Levy & McRae are well equipped to offer tailored guidance on the appropriate procedures required by organisations to demonstrate they have reasonable fraud prevention measures in place. We are also widely instructed in professional reputation management, which is often an essential service for corporate bodies during a criminal process. Any organisation facing investigation or prosecution should not hesitate in instructing specialist lawyers that can provide forensic advice, robust representation and a thorough defence. Levy & McRae have extensive experience in defending criminal charges and are well placed to support any organisation who require expertise in this area.

(This article does not constitute legal advice and is intended as general guidance only)

We were delighted to be awarded Crime Firm of the Year at the Legal 500 Scotland Awards, held last night in Edinburgh.

Neil Hay, Head of Private Crime and Partner said: “We are deeply honoured to receive the prestigious Legal 500 Criminal Law Firm of the Year. This is made all the more meaningful as it reflects the voices of our clients given the focus on client feedback.

“This recognition is a testament to the unwavering dedication, relentless hard work, and outstanding expertise of our team of dedicated lawyers and support staff.

“Every case we take is a commitment to achieving just outcomes and to the trust our clients place in us, and this award inspires us to continue setting the standard in criminal law excellence.”

A heartfelt thank you to our clients for your trust and to our outstanding team for your tireless efforts.

Recently, I was instructed in a particularly challenging Sheriff Court prosecution, which involved allegations of assault by a father on two of his children. This case, dating back many years, was not only sensitive due to the nature of the allegations but was also critical due to the professional and personal stakes for my client, a respected man in a regulated profession. This blog post narrates the complexities and strategic considerations that guided this case to a positive outcome.

The allegations against my client were historic and rooted in complex family dynamics. The background to this case was that the client had been in a partnership, from which two children were born, now in their early 20s and teenage years, respectively. Following the couple’s separation, a court order placed the children in my client’s custody. Tensions arose due to differing parenting styles, which eventually escalated to allegations in 2023. Initially, the mother made no mention of assaults, but in her second statement, allegations of physical abuse were made. My client vehemently denied these, asserting they were exaggerations and motivated by his daughter’s desire to alter the living arrangements.

The key strategic issues revolved around witness testimony and the matter of corroboration which was impacted by recent legal precedents. A child witness’s involvement necessitated careful examination of Joint Investigative Interviews (JII) to identify any inconsistencies with other statements, including those by the client’s former partner. A further challenging aspect was navigating the corroboration requirements, which according to the Lord Advocate’s Reference of 2023, expanded the scope under which allegations might be supported.

The key to our success was thorough legal research and precision in legal submissions. The challenging evidential issues involved particularly sensitive cross-examination techniques, considering the age and emotional state of the child witness. It was crucial to apply appropriate skills to a child giving evidence via CCTV, as opposed to an adult in a courtroom.

At the conclusion of the Crown case, due to exclusion of certain evidence, the prosecution discontinued prosecution of one charge, and a no case to answer submission led to my client’s acquittal on all remaining charges. This outcome was of significant consequence, considering the personal and professional turmoil my client endured throughout the trial. The decision not only restored his professional integrity but also allowed him to rebuild his relationship with his daughter.

Several key takeaways emerged from this case. Legal professionals must maintain meticulous preparation and up-to-date knowledge of current legal standards, especially in cases involving young or emotionally vulnerable witnesses. Attention to detail, comprehensive legal research, and strategic cross-examination are essential to navigate evidential complexities and challenge testimony credibly.

Moreover, supporting the client through the emotional toll of such proceedings is crucial. Providing sensitive and effective legal counsel can alleviate client stress and help achieve a successful resolution. This case underscored the importance of defending rights and reputation with diligence and care.

Through informed advocacy and strategic decision-making, we can provide our clients with the support they need to face, overcome, and emerge stronger from their legal challenges.