Senior partner David McKie has questioned the proposal to abolish the Not Proven verdict announced today by the Scottish government and is quoted extensively in the media:
David commented:
“The ‘not proven’ verdict has been a vital cornerstone of the Scottish justice system for centuries. It is grounded in ensuring a fundamental pillar of the trial process – that the Crown proves its case beyond reasonable doubt.
“I see no reason to abolish the verdict and am concerned at what appears a further erosion of the rights of an accused person in this country. A judge or a jury is perfectly capable of understanding the distinction in each case and to reach a verdict based on the unique circumstances they face. I am not convinced this will do anything to help victims or complainers at all.”
At Levy and McRae, we are pleased to announce the launch of our brand new website, designed to reflect our commitment to excellence and showcase our expertise in niche litigation law in Scotland. As a dedicated litigation law firm, we understand the importance of evolving with the times and staying on the cutting edge of legal developments. With this in mind, our new website is more than just a digital makeover; it’s a step forward in our mission to better serve our clients and communicate our expertise in a digital-first world.
Our new website features a clean, modern design that is both aesthetically pleasing and user-friendly. It captures our expert-led offering to our clients, delivered in an understated, confidential and confident manner.
One of the key features of our new online strategy will be the expanded and updated resources section. We will create informative articles and guides, addressing various aspects of niche litigation law in Scotland. This wealth of information, crafted by our experienced lawyers, will be beneficial to individuals and businesses alike as they navigate the complex world of litigation.
Our updates will also serve as a hub for our clients and the broader legal community to stay informed and engaged with the world of niche litigation law in Scotland.
We will also be developing a new case studies section. This area of the website will highlight some of the landmark cases we have been involved in, our most notable successes and achievements in the field of niche litigation law. By showcasing these cases, we aim to demonstrate our expertise and the value we bring to our clients, while also providing a more in-depth understanding of the litigation process for those less familiar with it.
Our new website also features a streamlined contact page, making it easier than ever for clients and prospective clients to get in touch with us. We know that litigation can be a daunting process, and we want to ensure that reaching out to our team is as simple and stress-free as possible. Whether you need advice or wish to discuss potential representation, our experienced solicitors are ready to assist.
In conclusion, our new website represents the next chapter in Levy and McRae’s story. We are thrilled to present this new online platform to better serve our clients, showcase our expertise, and our prominent positioning in the Scottish legal landscape. We invite you to explore our new website and discover for yourself the range of resources, insights, and expertise that we offer.
We look forward to continuing to serve our clients and the wider legal community with dedication, excellence, and a commitment to the very best outcomes for those we have the privilege to represent.
Levy & McRae’s Criminal Law Department continues to go from strength to strength with the incorporation of another top private criminal law team. Solicitor-Advocate Neil Hay brings with him his core legal team of Associate Solicitor Andrew Seggie and Legal Team PA Michelle McKinnon from one of Scotland’s foremost private criminal law firms. The move is part of Levy & McRae’s ongoing commitment to delivering the highest client service. The new team will be Edinburgh-based but will work across the whole of Scotland and throughout the United Kingdom. The hire also means that the firm has a stronger presence in London where they hope to extend their links further.
A specialist in private criminal law, Neil Hay has a long professional association with the firm that goes back almost 25 years and has worked in partnership with the Levy & McRae on a number of cases. He specialises in all aspects of criminal law, including complex regulatory crime, fraud and financial crime, historical allegations and road traffic cases; he is particularly highly regarded for his expertise in defending serious sexual and domestic crime cases. Neil has an extensive high-net-worth individual caseload and is trusted by referral firms from across the UK, including magic circle firms, to handle some of the most complex and demanding reputational cases in and out of court – for individuals, organisations and corporations alike.
Andrew Seggie specialises in all areas of criminal law including domestic abuse offences, sexual offences, assault, offences under the Misuse of Drugs Act, road traffic offences and proceedings brought under the Proceeds of Crime Act. Like Neil too, Andrew’s work often involves the most challenging cross-jurisdictional matters and historical allegations.
The firm also announced the promotion of Ray Gribben to Legal Director.
David McKie, Senior Partner, said: ‘I am delighted to welcome Neil and his team to Levy & McRae. Our firm has a long history of undertaking high quality criminal defence work and Neil’s reputation is exemplary in that field. I am particularly delighted too that we are opening in Edinburgh for the first time I’d like to congratulate Ray too on his well deserved promotion’
Neil Hay said: ‘It is a great pleasure to join the team at Levy & McRae. It is a firm I have known and admired for many years and look forward to developing my practice in exciting and vibrant legal firm’
We were very proud to see our former senior partner and Scottish litigation giant, Len Murray, feature in the Evening Times. His case, a murder trial with a sentence of capital punishment is now 60 years old, but reminds us of how far the legal profession has come in that relatively short time. The stakes we now fight for are high, but nothing compared with the pressure on Len and his peers who were defending not just liberty, but life. Len Murray’s presence with and influence on the firm cannot be understated. He attracted clients who remain with the firm today and also brought work which have led to the many and diverse streams we see in the firm today. I was fortunate to work with Len when he was a consultant with the firm and he always had time to listen, to counsel – and to ensure my syntax and spelling were immaculate! He has become in recent years one the foremost after dinner speakers in the country and a world leading authority and speaker on Robert Burns.
Covid-19 Policyholders Action Group
The decision of the High Court in the test case brought by the Financial Conduct Authority is good news for policyholders. The High Court has found in favour of policyholders on many of the key issues in the proceedings involving eight insurers.
The judgement should now lead to insurers progressing and paying out on many non-damage business interruption insurance extensions.
L&M are considering the 162 page judgement and how this applies directly or indirectly to the particular wording of the claims that we are instructed in.
Any Scottish policyholders seeking specialist legal assistance should contact covid19claims@lemac.co.uk
Levy & McRae Solicitors has launched an action group for Scottish businesses seeking specialist legal assistance with Covid-19 business interruption insurance claims. Levy & McRae is a litigation focused law firm based in Glasgow that has extensive experience in acting for policyholders, particularly SMEs, in claims against insurers.
The firm has been advising clients and their insurance brokers about the cover provided by insurance policies for business interruption claims since the start of lockdown. Policy wordings vary but there are a number of common features. Policyholders can achieve cost savings by joining together with other clients who have the same interests. Individual businesses, even large successful can be reluctant to incur the costs of pursuing claims against large insurers on their own, but there is strength in numbers – and cost savings.
The firm has a network of loss adjusters, forensic accountants and other professionals who are experienced in assisting policyholders with claims.
The FCA is taking action in England seeking a declaration to help work out which claims should be met by insurers. That declaration may – or may not be final and authoritative. The declaration is dealing only with the policies of eight insurers.
Many business interruption policies do not provide cover for claims arising from Covid-19 as policies often require loss, destruction or damage to property before the policy is triggered, but policy wordings do vary.
Levy & McRae has identified that certain policyholders with particular policy terms that have the potential for cover. The firm is inviting policyholders who meet the criteria below who wish to join the group to contact them:-
If you wish to join the action group, then we can consider the policy wording relevant to you. There will be a small initial fixed cost (£350 plus VAT) for that initial review where we will provide initial advice as to the potential for claims. Those with potential claims may wish to participate in the group to pursue their claims. Those who consider they may have claims meeting the criteria should contact covid19claims@lemac.co.uk
Levy & McRae are delighted to announce Peter Anderson
One month in – trainee life on lockdown
As we left our office on 17th March, knowing that the next day we would begin working from home for the foreseeable future, each of us carrying essential items such as work laptops, textbooks and stationery, we wished our colleagues well and told each other we would see each other ‘on the other side’, and we headed home to set up our new work stations.
The coronavirus pandemic presents many new challenges to the world. We are in uncharted territory. Societies around the globe are quickly adapting to the measures introduced by their governments in the wake of the pandemic, with 20% of the global population now on lockdown. The realisation dawns on us all that this could be for a number of months.
As trainees, we have not worked from home before. We are usually provided the comfort of supervision and a friendly ear in the office that we can approach and discuss cases with. With the current situation, we found ourselves uncertain about what will happen in the days ahead. Now that we are one month in – working in makeshift offices in the kitchen, dining room or living room – we can find solace in the fact that it is very much still business as usual.
All of our colleagues are on hand to help us. The most important thing is staying in regular contact. We have a video conference call with our team three times a week where we check up on one another, discuss cases and allocate work. These calls reassure us and let us know that there is still a wide range of work for us to get involved in and continue our learning. Staying in contact with senior members of staff is vitally important as we require their advice on a daily basis. Furthermore, our trainee WhatsApp group chat has been a great source of comfort, help and comedic relief during these unsettling times.
I spoke with some of our trainees to find out how working from home on lockdown had been so far.
“The prospect of working from home was daunting at first. I had just moved into a new department and I was still trying to get to grips with everything. Despite my initial fears, my working from home experience has been positive. My colleagues have been really supportive and stayed in touch with me providing the same laughs as we would if we were in the office. My tip is to ask for help: even if you are working from home, your colleagues are still on the other end of the phone to talk through things with you.” Danielle, employment and commercial litigation team
“I believe working from home has proven to be a popular and successful concept. As a trainee solicitor I feel that my training has benefited from the exposure to a different working environment, especially given the popularity of agile-working across the legal profession. By offering us greater flexibility, our practice can also become more accessible to those facing barriers such as disabilities or caring responsibilities. My tip: maintain a regular line of contact with your colleagues.” Christopher, commercial litigation team
I, like many other first year trainees in Scotland, had applied for Early Admission as a Solicitor under the Admission as Solicitor (Scotland) Regulations 2019. I had been hoping that my first appearance would have been around about now and whilst it is disappointing that it may not be for some time – it may not even be whilst I am still a first year trainee – this is the time to really prepare for a first appearance and learn the rules and procedures.
As many companies around the world are working to mitigate the effects of the coronavirus, law firms have been deemed by some to be in a better position than other businesses. We have the ability to keep on working with limited interruption. Whilst the courts may temporarily be closed/conducting limited, urgent business only, we are preparing for the workload when courts resume again and for the influx of litigation that will result from the coronavirus.
At the beginning of this year, we could not have fathomed what was ahead, but we are pressing on. We will continue to advance our clients’ cases and continue to have their best interests in mind at all times. This may be one of the toughest challenges of a generation, but we will get through it and come out of it more resilient. We hope that everyone stays safe during this time.
IN 2020 THE TIMES HAS FEATURED BOTH DAVID MCKIE AND CALLUM ANDERSON AS SCOTTISH LAWYERS OF THE WEEK.
David McKie Lawyer of the week article The Times
Callum Anderson Lawyer of the week article The Times
Most businesses have a commercial combined insurance policy in place. The primary areas that may provide cover for losses caused directly or indirectly by coronavirus are business interruption and event cancellation.
Business interruption cover is normally for an interruption to an insured’s business as a result of physical damage to insured property. Physical damage is generally a required as a trigger for this type of cover. It is doubtful that coronavirus damages property so business interruption will not provide cover for losses unless a specific non-damage business interruption extension is included on the policy.
Non-damage business interruption extensions are generally notifiable or infectious disease extensions. The scope of infectious disease cover tends to be tightly drafted. Some policies may not extend to new diseases such as coronavirus but others provide cover for losses caused by any notifiable disease whilst others specify diseases covered. Covid-19 became notifiable in Scotland on 22 February 2020 This is important as some policies define notifiable disease with reference to public health legislation or the actions of public bodies.
Notifiable disease extensions can provide cover for loss in consequence of occurrence of a notifiable disease at the premises while other policies provide cover for any occurrence of a notifiable disease within a radius of 25 miles from the premises. There are likely to be difficulties around proving the existence of the virus at the premises, however, it may be possible to establish the occurrence of a notifiable disease within the specified radius.
Where cover does exist, there are likely to be arguments over the extent of losses caused by the notifiable disease as opposed to the impact of the virus on the economy and any absence of customers. Insurers may argue that, even if businesses had been able to continue to operate, custom would be significantly reduced in the circumstances.
Event cancellation cover provides cover for losses caused directly by the cancellation of a specific event as a result of a specified peril. Event cancellation policies may not provide or can exclude cover for cancellation by infectious disease.
The insurance industry has issued a number of public statements that they consider standard business insurance policies are unlikely to cover the effects of Covid-19.
There is the potential for cover to be available under certain policies and in certain circumstances although there are still likely to be arguments in relation to the extent of loss that can be recovered from insurers
We recommend that businesses take independent advice in relation to the extent of the insurance cover they have in place.
For further information contact Callum Anderson by Email: canderson@lemac.co.uk or on 0141 307 2315
