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
RICS is set to provide a low value construction adjudication service to give UK SMEs a simple and cost-effective procedure that will make solving disputes more accessible and quicker for lower value claims. This is something that is badly needed in these challenging times to free up SME cash flow.
This may be particularly interesting for construction companies operating in Scotland, given that the Scottish courts are experiencing unprecedented delays and disruption, as a result of the coronavirus (COVID-19) outbreak. In the light of the impact of the coronavirus (COVID-19) on the industry, there is a renewed call for an easy to use method.
The RICS service will operate in accordance with the ground-breaking Construction Industry Council CIC Low Value Disputes Model Adjudication Procedure (LVD MAP) procedure.
The service is aimed at disputes where the amounts claimed are for £50,000 or less, and the issues in dispute are relatively uncomplicated. RICS have set up a high-quality panel of RICS adjudicators who have been trained to deliver the service.
The objective is to develop a streamlined adjudication procedure that applies to disputes below £50,000 that do not involve multiple or complex issues. These Low Cost Adjudication Rules will bring the cost of adjudicating disputes below £50,000 down to around £6,000.
Details of the CIC LVD MAP are expected to be formally launched on 23 June 2020.
The Parties shall bear their own costs and expenses incurred in the adjudication. If the Adjudicator makes no direction on allocation of his or her fees, the Parties shall pay them in equal shares.
The Adjudicator’s fees exclusive of VAT will be fixed as set out below.
Claim value Adjudicator’s fee
Up to £10,000 £2,000
£10,001 to £25,000 £3,500
£25,001 to £50,000 £6,000
Over £50,000 Negotiable
Where the Adjudicator meets with the Parties, in addition to the fee above, the Adjudicator will be paid £1,000 plus reasonable travel expenses. Where the Adjudicator visits the site, in addition to the fee above, the Adjudicator will be paid £1,000 plus reasonable travel expenses.
Where the Parties have a dispute where the claim exceeds £50,000, they may nonetheless choose to follow the LVD MAP procedure. In such circumstance the prospective Adjudicator shall write to the Parties setting out the basis of their proposed fees and expenses.
For more information contact our Construction Litigation team:
https://www.lemac.co.uk/practice-areas/12-chairman-partners-and-consultants/28-richard-barrie
https://www.lemac.co.uk/practice-areas/8-associates-solicitors-and-legal-team/69-christopher-reid
https://www.lemac.co.uk/practice-areas/8-associates-solicitors-and-legal-team/77-lindsay-burns
Levy & McRae were delighted to support the Kris Boyd Charity Valentine Ball on Saturday 8th February at Ayr Racecourse.
Senior Partner, David McKie said “The charity has done wonderful work in the Ayrshire Community and throughout the UK in its short period so far. We see in our own work the impact of mental health issues on families, communities, the workplace and beyond. Kris and his family’s commitment to addressing these issues through education is inspirational and we are delighted to support the charity in those ventures.”
“I was honoured to accept Kris’ invitation to join the charity as a Trustee and I look forward to contributing to the charity in the future and see first hand the fruitful and beneficial work it carries out throughout many local communities.”
Andrew Park, Lynne Walker and Mandy O’Rourke attended the Valentine’s Ball on behalf of the firm.
We were proud to sponsor the 2019 Charles Kennedy memorial dinner and debate at Glasgow University Union on Friday 11th October.
A huge well done to all the team at GUU for hosting such a successful evening.
Levy and McRae’s Commercial Litigation Team are returning to the Supreme Court of the United Kingdom for the third time in recent years.
The case which holds complex issues of Scottish Insolvency Law will be heard by the five Justices, including the two Scottish Justices, in London on 2nd May 2019.
The case which involves interpretation of legislation concerning the adequacy of the consideration paid for industrial property is of importance to any company considering the acquisition of assets from a company at risk of insolvency.
Levy & McRae’s Commercial Litigation Team has dealt with the case over the last three years and have managed the case through a Civil Proof (Trial) and then through the Inner House of the Court of Session which is the Scottish Court of Appeal.
The Commercial Litigation Team previously dealt with McGraddie -v- McGraddie which was heard by the Supreme Court and Mitchell -v- Glasgow City Council which was heard by the House of Lords prior to the establishment of the Supreme Court.
We are delighted to announce that our Consultant Professor Leo Martin has received an MBE in the Queen’s Birthday Honours list in recognition of his services to Healthcare and Education. He serves as the chairman of St Margaret of Scotland Hospice.
As a firm, we are very proud of Leo’s achievements and dedication to such honourable causes and we congratulate him in this richly deserved award.
In the media coverage, Leo was quoted as follows and we attach the relevant media links:
Professor Martin, who has been on the board of the Clydebank-based Hospice for twenty years and chairman since 2005, said: “It has been a huge privilege to serve on the board of the hospice. This honour recognises the dedication and hard work of the staff who provide the highest standard of care for terminally ill patients and their families every day. We should also remember the fundraisers who work tirelessly every week to bring in the money that is vital to keep the doors of the Hospice open.”
Professor Martin, who was also the first chair of John Wheatley College in Glasgow, added: “I was delighted to serve as the first chairman of this College, which was named after an early stalwart of Red Clydeside and one of the most significant political figures of the twentieth century. During his life, John Wheatley did so much to improve the lives and life chances of people in the East End of Glasgow. Without his community-based principles and political drive, families like ours would not have enjoyed so many opportunities.”
