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.
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.
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.
“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.”
By Neil Hay, Partner & Head of Private Crime, and Cameron Irons, Trainee Solicitor
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 new offence
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.
Which organisations does it apply to?
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:
When does the offence come into force?
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.
What defences are there available?
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.
What can we do to prepare?
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.
How our specialist legal advice can help
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.
We are delighted to once again feature in The Times “Best Law Firms 2025” list, published today.
This recognition reflects the dedication of our team and the trust our clients place in us. We take pride in our work and remain committed to providing thoughtful, effective legal solutions to those we serve.
The Times states: “The firm often handles complex criminal cases related to domestic violence, sexual offences, embezzlement, money laundering, fraud and other white-collar issues. Clients include high-net-worth individuals and prominent figures from the worlds of media, politics and sport, as well as leading professionals and organisations. Another area of expertise is regulatory crime. The firm provides advice on topics such as education, health and housing, safety, transport and wildlife”.
Full details here: https://lnkd.in/eEjySQYY
This acknowledgment encourages us to keep striving for excellence in every case we undertake.
