Libel: Monroe v Hopkins

Under Scots Law, an offending statement may not always be defamatory as it can fall within another category of hurtful words i.e. malicious falsehood or slander of title. To be defamatory a statement must be false and must lower the defamed in the estimation of right thinking members of society. A court will establish what that standard is today when considering the statement. Additionally, it is important to remember that to accuse someone of making defamatory comments may, of itself, be defamatory.

For an action to be raised the alleged defamatory statement must be communicated. The traditional forms of communication are publication in print or oral dissemination. However, nowadays the number of platforms on which communication can occur have increased. Online social platforms such as, Twitter, Facebook, LinkedIn, and the numerous blogging platforms, have increased the modes of communication where a defamatory statement can occur.

February of this year provided us with a high-profile libel case initiated over words posted on online social platform, twitter.  Monroe v Hopkins provided us some valuable guidance on how to keep on the right side of the law when writing online. You might think that you have posted a light-hearted tweet or a funny response, but it may not come across as that to the receiver and you could be opening yourself up to potential law suits.

In this case the issues at trial were:

  1. Do tweets fall under the definition of defamation at common law?
  2. If so, have the tweets caused or are they likely to cause serious harm to the reputation of the claimant?

Hopkins sent a message accusing another of vandalism of a war memorial, but the tweet was directed to the wrong person. A simple case of mistaken identity which Hopkins attempted to rectify by deleting the tweet two hours after it was published. Mr Wilson, Hopkins lawyer, argued that: “The readership would have been limited because the tweet was a reply and deleted after two hours, and that readers would understand it was a case of mistaken identity” and “Ms Hopkins lawyers have argued that Ms Hopkins is well-known for being confrontational, outrageous and flippant and that therefore the allegations would have been taken with a pinch of salt”.

Therefore, although no official defence was lodged it was argued that the tweet did not constitute a defamatory statement.

In considering the case Warnby J provided:

“whilst the claimant may not have proved that her reputation suffered gravely, I am satisfied that she has established that the publications complained of caused serious harm to her reputation”.

“Which implies that this judgment could apply to twitter accounts smaller than Hopkins’.

This case provides us with valuable information that no matter how viewed your online platform is or how long the alleged defamatory statement is published, you can still be tried for defamation. If this case tells us anything; it that you should consider the way in which your online publications can be construed. Hopkins could easily have avoided this if she published an apology to Monroe. A simple request.

Full Monroe v Hopkins judgement can be viewed here: https://www.judiciary.gov.uk/wp-content/uploads/2017/03/monroe-v-hopkins-2017-ewhc-433-qb-20170310.pdfhttps://www.google.co.uk/search?q=twitter+defamation&source=lnms&tbm=isch&sa=X&ved=0ahUKEwis5LyE7efSAhVrDcAKHbnzA_AQ_AUICSgC&biw=1600&bih=750#imgrc=zSPmTxaIvNOANM:

Changes to Succession

The latter end of 2016 witnessed changes to the laws of succession in Scotland. The Succession (Scotland) Act 1964 is now the Succession (Scotland) Act 2016, which came into force on the 1st November 2016.

This Act has introduced many significant changes to the laws of Scotland which will impact a deceased’s estate and those looking to claim from it. The main points being:

  • If a person dies without leaving a Will the Act abolishes the requirement of a Bond of Caution when the estate is considered as a “Small Estate”, less than £36,000.
  • If there is a mistake in the Will, which was not drafted by you, then there is a small window of time in which you can apply to the court and have the mistake rectified. The Act allows you to apply to the Court of Session or the Sheriff Court within six months to have the issue corrected.
  • If you draft a new Will to replace one already existing, but then revoke the new Will, your old Will would be revived and dictate the distribution of your estate.
  • If you die on or after the 1st November 2016, a former spouse or civil partner will no longer inherit under an existing Will, following a divorce. This also means that any special destinations will be revoked upon divorce. However, if you do wish for the provision to still stand then you must take specific steps to provide for this in your Will.
  • It is no longer the case that the younger is presumed to have survived the elder.
  • Trustees and executors are to be given some statutory protection if they have incorrectly distributed assets to the wrong beneficiary.

These changes have majorly amended an area of law which has been stagnant for fifty years to reflect the changes within society.

Unfair Arbitration Clause

Arbitration is a requirement which is commonly included with contracts. This means that whenever there is an issue with your contract, you have given-up your right to take the matter to court as you have agreed to arbitration, and as arbitration is legally binding a Sheriff or Judge would not entertain your claim.

This can cause problems where the cost of arbitration (which can be rather astronomical depending on which institute the clause requires) completely outweighs the cost being claimed under the contract. However, all is not lost- as there is a way to defeat an arbitration clause.

Section 10 of the Arbitration (Scotland) Act 2010 states that the court must cist those proceedings insofar as they concern the matter if:

  • An arbitration agreement provides that a dispute on the matter is to be resolved by arbitration (whether immediately or after the exhaustion of other dispute resolution procedures);
  • The applicant is party to the arbitration agreement (or is claiming through or under a party);
  • Notice of the application has been given to the other parties to the legal proceedings;
  • The applicant has not taken any steps in the legal proceedings to answer any substantive claim against him, nor otherwise acted since the legal proceedings were brought in a manner indicating a desire to have the dispute resolved by legal proceedings rather than arbitration; and
  • Nothing has caused the court to be satisfied that arbitration agreement concerned is void, inoperative or incapable of being performed.

As regards the last criterion, regard should be had to Section 89-91 of the Arbitration Act 1996. Although this is an English Act, these sections apply in Scotland also. They have two broad effects:

Section 89(1) which subjects consumer arbitration agreements to the Consumer Rights Act 2015; and

Section 91(1) which provides: “A term which constitutes an arbitration agreement is unfair…in so far as it relates to a claim for a pecuniary remedy which does not exceed the amount specified by order for the purposes of this section.”

Therefore, this states that an arbitration agreement will be automatically unfair, and thus not binding on the consumer, so far as it relates to a claim for a pecuniary remedy which does not exceed an amount specified by in the Unfair Arbitration Agreement (Specified Amounts) Order 1999, which is £5,0000.

However, if an agreement is not automatically unfair it may be adjudged under the Consumer Rights Act 2015, this statute refers to a situation where an arbitration clause is imposed on a consumer, and will not apply where the parties enter into a freestanding arbitration agreement, nor where the parties genuinely agree to insert an arbitration clause into the contract. If agreement led to the insertion then it will not be held unfair, per Rimer J in Bryen and Langley Ltd v Boston [2005] WWCA Civ 973. Yet, it can be argued to be unfair if, at the time of creating the contract, the clause was not brought to the consumer’s attention and implications explained, as per Ramsey J in Mylcrist Builders Ltd v Buck [2008] EWHC 2172.  This is to ensure that the consumer is not left at a disadvantage, with no legal remedy, due to the cost of arbitration being significantly higher than the cost of litigating.

Therefore, if you (or your client) are faced with an arbitration clause which is just not plausible in seeking a remedy then you may still have the option of court intervention in a situation where the arbitration clause would cost more than the cost incurred under your contract.

Support for Human Rights

Law students from Glasgow Caledonian University (GCU) are helping Glasgow school pupils to stand up for their human rights.human-rights-and-notice-to-quit

 Human Rights Day, (10th December 2016) commemorating the day in 1948 when the UN General Assembly adopted the Universal Declaration of Human Rights.

The 2016 campaign urges the public to ‘stand up for someone’s rights’, a call being heeded by Bachelor of Laws (LLB) students through the GCU Law Clinic.

Since its launch in 2014, the Clinic has provided advice to a wide range of clients and taken to Glasgow city centre to offer its services.

Our Street Law programme runs interactive workshops with pupils, making them more aware of the laws that affect them in their daily lives. Six schools have taken part so far, with further sessions planned in the New Year.

“Human rights are a key theme for Street Law and always spark great discussions amongst the pupils,” explained fourth year LLB student Rachel Bond, the Law Clinic’s Student Director. “And the Human Rights Day campaign of standing up for someone’s rights is exactly what the GCU Law Clinic is about. We are proud to provide free and confidential advice to people who wouldn’t otherwise qualify for Legal Aid or afford professional legal advice.”

GCU Law lecturers are involved in a wide range of human rights-related research, including examining organ donation law and end of life choices as well as access for socially disadvantaged people to the European Court of Human Rights and legal remedies for the victims of historic sex abuse.

Law Lecturer Dr Andrew Tickell said: “Human rights now underpin a startling array of our legal scholarship and teaching. They are at the heart of our constitutional law, central to immigration, animate ongoing Scottish debates on land reform, and go to the core of the law of international development. For lawyers, human rights issues are everywhere.”

And human rights is also a major focus for public policy analysts at GCU who lead research into the impact of public spending cuts on women, disabled people and carers.

GCU delivers the MSc Citizenship and Human Rights, a popular part-time programme for professionals and volunteers in the third and public sectors.

Dr Angela O’Hagan, Lecturer in Social and Public Policy, said: “In Scotland just now we have opportunities to respond differently on issues of equality, care, migration, public services – issues that are central to the MSc in Citizenship and Human Rights and are shaped by what is going on across the world.  All of this reinforces the importance of human rights principles and the need to develop human rights based approaches to policy and services in Scotland.”

Mock Court Involvement

hc

The High Court held the mock trials.

From the 29th of November to the 1st of December, Glasgow was fortunate enough to host the mock court competition!  We at the Law Clinic were fortunate to be involved in lending our services to clerk for some current Sheriffs, in a welcome break from our typical studies.

Primary schools from Glasgow and the West descended on the Saltmarket as soon as regular court business had concluded in the matter of Talk ‘n’ Text v Telfor.  Donning homemade wigs and gowns (which frankly put the real ones to shame…), some of the legal professions future leading lights took their places in courtrooms, and set to work for their respective clients.

Leading evidence from their witnesses, the sides did battle over whether or not a contract was formed; with some interesting results – the same set of facts in separate courtrooms often produced different results!  This was only a testament to the ability of the pupils involved.  Clerking for Sheriff Miller, our Outreach Manager Rachel Campbell said:

“Some of the skill shown were extraordinary.  The productions were well organised and the lawyers questioned their witnesses with a clear plan and considerable confidence.  I only wish I was that good in primary school.”

Assistant Outreach Manager Ross Wilson, clerking for Sheriff Murphy QC, also added:

“I’ve been lucky enough to witness some of the top advocates in Scotland cross-examine witnesses, from Donald Findlay QC to Gordon Jackson QC.  The pupils would have given them a run for their money – I felt uncomfortable sitting outside the witness box.”

Also involved was our Senior Operations Manager David Scott, who commented:

“I only wish I had the confidence to stand up in the infamous North Courtroom of the High Court and lead evidence in front of a Sheriff at that age.  The pupils were a credit to themselves, their schools and their communities.  I hope to work with them someday, although certainly not in opposition.”

As a team, we had a great time assisting with the project.  It shows pupils from a very young age that courts aren’t just for criminals, but for everyone.  It also helped them too see that the courts aren’t so terrifying, the Sheriffs were kind and understanding, and this showed in the confidence displayed by the pupils.  As an aside, our volunteers benefitted from seeing behind the scenes of a court and to network with some of the most experienced jurists in the country.

 

Glasgow Legal Walk

On Monday 10th October, a group of our volunteers took part in the Glasgow Legal Walk to help raise funds and awareness of Access to Justice.

Being an organisation which provides free legal advice; we completely understood the importance and need to help raise money to further develop this area. Over the past few years there has been a reduction in local authority and government funding being distributed to aid legal organisations, such as our own, which help those struggling within our communities. The contributions raised from everyone taking part are going to help fund this gap.

The walk was 10K in length and had a fun photo challenge to get the creativity flowing, where you had to find locations throughout the walk which fit the caption. We met with Sheriff Turnbull, as well as other law firms and academics who were participating. The walk began at the Glasgow High Court at 5:30pm and followed on through Glasgow Green, around the South Side and finishing off at Bar Home, where all participants were welcomed in for a much needed drink at the end.

Overall, the night was a fabulous opportunity to raise money for a good cause, interact with similar people in the field and have a nice walk in the fresh autumnal air!

law-clinic

The total raised by all participating was £1,163.49. 

2015/16 In The Law Clinic

Our Student Director, Ian Laing, looks back on a successful year for the Law Clinic

As we approach the end of our second full year in operation we have dealt with over one hundred clients so far and have managed to either win or save those clients £8,600 in that time. We are continuously recruiting and training new volunteers enabling us to deal with a higher volume of cases going forward and this can only be a good thing for both our students who are able to put into practice what they are learning and for the Greater Glasgow Community. The numerous enquiries we deal with shows that the purpose we were established for, providing legal advice to those who do not qualify for legal aid and cannot afford a solicitor, is an endeavour which is necessary and allows people who have no other means, to access justice.

Our Office Manager, Catherine Black, has been pleased with improvements made this year in involving students across the LLB. She said, “Volunteer engagement throughout the year groups of the LLB has been a big part of Clinic agenda since its inception. We have placed a focus on the benefits of volunteering in the clinic early in one’s university career and the valuable skills and qualities that can be refined by volunteering – and ultimately transferred to the work place.  As a result, we have seen like-minded volunteers from years one to four who are interested in both helping the community and supplementing their C.V. for prospective employers. This is something that will continue to be a focus of the Clinic in the future.”

Ian & Ryan (Credit: KD Media)

Ian & Ryan (Credit: KD Media)

The opportunities provided by the Law Clinic for putting these skills into practice were highlighted this year as one of our cases reached court for the first time. The first two students with the chance to see this through have been myself and our Media Manager, Ryan Bell. The court system can be intimidating to people who have no experience of it and our clients require representatives who are able to present their case in the most effective way. Despite the initial nerves, the advice and preparation we received from our supervising solicitors and the academics in the GCU Law department proved invaluable and we were able to achieve the result our client wanted. Ryan and I both had the opportunity to speak on behalf of the client in court across a number of visits from 7th January to 3rd May this year until we eventually won following a two-day proof. The opportunity to address a Sheriff in a real case, in front of an audience, which included experienced solicitors, present our argument utilising evidence we had compiled and question witnesses on the stand to both bolster our own argument and poke holes in that put forward by the defender is something the vast majority of law students don’t get to do.

Ryan spoke of the sense of accomplishment following the lengthy court proceedings. “A lot of preparation went in to constructing our case and balancing the work required for this with our coursework mimics the full plate you’re going to have once you start working in the legal profession. It shows that volunteering with the clinic is a fantastic way to get an early taste of the real world outside of the safety net of university. Thinking on your feet when the Sheriff asks a question you hadn’t anticipated and successfully dealing with it was a good feeling as you are acutely aware that your ability to do so would impact on a client who had put his hope and faith solely on your shoulders.”

Ryan Watson (centre) with Ryan and Ian

Ryan Watson (centre) with Ryan and Ian

Helping a client navigate an unfamiliar and intimidating legal system is exactly what the Law Clinic was set up to do. One aspect of this case which was particularly pleasing is that it was referred to the Law Clinic by Ryan Watson, part of our founding management team who is now undertaking his traineeship with Livingstone Brown, the second largest legal aid firm in Scotland over the last year. Recognising that a claim of £3,700 would, even in a successful case, be offset by the substantial costs of instructing solicitors he referred the client to the Law Clinic. Building a network of partners within the legal community is something we are very keen to do and we are incredibly grateful to Ryan that he has retained his interest in the Law Clinic now that he has embarked upon his career. As more students gain experience via the Law Clinic I hope they will retain involvement and support our growth as they continue in their careers.

Our commitment to facilitating and improving Access to Justice was asserted by our Operations Manager, Patricia Taylor when she spoke at the beginning of March as part of a panel discussing Article Ten of the Universal Declaration of Human Rights – ‘Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal’. Looking back on the discussion Patricia said,

“The work of The Law Clinic aids in accessing justice for our clients, because the clients who we see at the Law Clinic do not qualify for legal aid and cannot afford professional legal advice. Our work is crucial for those whose problems are of such small monetary value that hiring a solicitor is either impractical or impossible.

One of the points which I wanted to highlight was that although the legal profession may regard certain illustrations of accessing justice to be slight (for example, as mentioned above, where the monetary value at stake is small) for our clients, the issue is incredibly important.

Patricia speaking at Declaration Festival

Patricia speaking at Declaration Festival

Not only does the Law Clinic at GCU facilitate access to justice through its work, but the service is an embodiment of accessing justice in itself. The presence of any law clinic is testimony to that fact, as it is borne from the requirement of satisfying unmet legal need. The role of the state in providing access to justice in the UK has undergone considerable change in the last thirty years; moving from a publicly funded legal aid system that was regarded as one of the most generous in the world, to a rationalised provision that has seen significant reductions to both the scope of work that comes within legal aid schemes and the remuneration available to cover it, and that, as Law Clinics seek to fill that void, their presence and the service provided is an access to justice.

Although being a part of the law clinic has certainly heightened my involvement with the department’s faculty and activities, and strengthened my legal knowledge and practical skills, my experience goes much deeper than that. I think it is fair to say that without the presence of our law clinic, some of our clients would have watched the life-line of their cases plateau, alongside experiencing the hope of achieving justice fade; highlighting just how imperative a service such as ours is in providing access to justice, especially to those who may have no other alternative. A lack of resource or at times even the governing legislation may impinge upon progress, and it is often necessary to look past the substantive law – to the more humanitarian angle of the case – in order to move forward.

Facilitated by GCU Lecturer and Human Rights blogger, Andrew Tickell, alongside two other fantastic speakers, the session was informative and somewhat moving – alive with questions and comments about The Law Clinic and how justice may arise from our work.”

Listening to Patricia speak passionately about the human element to the case which can often be overlooked by people within the profession who, through the nature of business, look at the financial element above others I agree wholeheartedly with her assertions that without Law Clinics and the services they offer, many people would have no hope of seeing their case go anywhere and so the services offered by pro bono organisations are vital.

The team out on Buchanan Street

The team out on Buchanan Street

Raising awareness of the pro bono services we offer has been a major focus of the law clinic this year and December saw the Law Clinic team spend a day on Buchanan Street advertising our services to the public at the busiest shopping time of the year. The Christmas period is one which will see people purchasing and returning a huge volume of items and changes to consumer law in 2015 meant that people might not be completely aware of their rights in this arena. It is also a time of year when people in vulnerable situations can feel overwhelmed so a pro bono resource like the Law Clinic can be a lifeline.

This was picked up by People Make Glasgow and highlighted in The Guardian which was great for all involved and especially for the profile of the Law Clinic.

Our efforts regularly extend beyond our client work and our Outreach team are the perfect example of this. We have undertaken numerous Street Law sessions with high school pupils from across Glasgow and beyond including sessions both out at high schools as part of their regular lessons and on campus at GCU with students who have expressed an interest in studying law at university.

Student judges delivering their verdicts to classmates in our Moot room

Student judges delivering their verdicts to classmates in our Moot room

Pupils who have taken part have been able to participate in sessions ranging from debates on ethics, discussions on human rights and the protections that are taken for granted in everyday life and recently we even took Street Law out to the Glasgow Gaelic school. Conducting a session on the laws which are taught to computer science students at the school necessitated us taking a back seat and handing over to their teacher, Mr Combe, to run the session in Gaelic but we are going back in August for further sessions and will hopefully take at least one Gaelic speaker with us. Our Outreach Manager, Rachel Campbell, who will continue in the role next year after putting in place a strong foundation before spending a semester studying in France spoke of the positive impact of our Outreach activities,

“The work of the Outreach team is significant in reaching out to the Greater Glasgow community and educating people of school age of their rights and the law in an interactive way which is relevant to their lives. The work we have done has a positive impact on those we interact and run sessions with as they may not be aware of these important issues otherwise. The work we do ties in perfectly with the ‘common good’ ideals of our university and it is heartening to see that in the feedback from our sessions all of the pupils rated the lessons as either good or excellent, hopefully we have inspired some of them to apply to study law at university level.”

Scott+Co Scottish Legal Awards Pro Bono Finalists

Scott+Co Scottish Legal Awards Pro Bono Finalists

Ryan Bell

Ryan Bell

2016 has seen the work of the Law Clinic recognised with nominations for a variety of awards. The most prominent of these was the Scott+Co Scottish Legal Awards in the Pro Bono Category. We didn’t win this year but to make it to the final four in the company of eventual winners, the University of Strathclyde Law Clinic, who have been running for the last 13 years, last year’s winners, multinational law firm DLA Piper and the RBS Legal team shows how far we have come in two years, with the awards ceremony taking place on 24th March, one week after our second anniversary on 17th March. We’ll hopefully be back in contention next year and bring home the trophy!

David, Patricia and Elisha at the Scottish Legal Awards (Credit: www.RobMcDougall.com)

David, Patricia and Elisha at the Scottish Legal Awards (Credit: www.RobMcDougall.com)

 

 

Ian Laing

Ian Laing

I was also honoured to be a finalist this year for the GCU Student of the Year Award in April. Again, no trophy but to make the final five in a university with thousands of students was humbling and although it was an individual award I wouldn’t have made the final five without the hard work put in by everyone who is involved with the Law Clinic. The GCU Student of the Year Award is given to someone who has made a contribution both to the university and the community and I could not have done anything to even be considered for this without the vehicle of the Law Clinic which is designed to make such a difference.. I have to thank everyone for that, it would have been an award shared by the whole team.

Claire McFadzean collecting her award

Claire McFadzean collecting her award

It was third time lucky during awards season however as in May our Academic Director, Claire McFadzean, was presented with the Excellence In Teaching Award for the Business School within the university by the GCU Students Association. This was in recognition of the opportunities Claire provides to all students who want to get involved with the Law Clinic and the fact she goes above and beyond with the help and guidance she provides to us.

The week of the Scottish Legal Awards in March also saw us welcome a large number of legal professionals, including many former GCU students back to the university to speak to our current LLB students and I managed to catch up with our former Student Director, Greg Scott, to find out what he was doing now and for some thoughts on his experience of the Law Clinic two years on. He said,

“Having held the inaugural Student Directorship at the GCU Law Clinic, I feel relatively well placed to provide some insight, and to issue a plea to students, as to the merits of volunteering at law clinics and pro bono ventures generally.

Too often, as a result of the archetypal university mentality, it becomes easy to focus solely upon academic merit. Consideration of the bigger picture however, should always be at the forefront of our minds. As law students, we typically don’t get offered many opportunities for vocational learning and the benefits that follow on from this are hard to put into words. At a basic level, the level of independent legal-based interaction with real people with real world problems is unparalleled and the work really, really matters which gives it a significant edge over anything else. From a development standpoint, countless soft skills are honed and tested in the almost perfect ‘training environment’, eventually seamlessly merging into those necessary for thriving in a professional setting.

Potential for a deeper involvement in the Clinic towards the latter years of the LLB opens up a whole other level of creative and professional development. Critically, the GCU Law Clinic is very much a living, breathing thing, and at all times reflects the values and efforts of the students running it. The opportunity to shape the Clinic based upon the needs of the people is one where you will struggle to experience anywhere else, and it is entirely the product of having a well-functioning, tight-knit law school (and particularly Claire McFadzean!).

Greg opening the Law Clinic with Bruce Beveridge

Greg opening the Law Clinic in 2014 with Bruce Beveridge (at the time the Law Society of Scotland President)

The knowledge and experience gained from working at the Clinic has undoubtedly served me well in life post-LLB. Since leaving, I have studied on the International Law and Security LLM at the University of Glasgow, graduating with distinction in November of 2015. I have also been fortunate enough to secure employment with Ashurst as a Legal Analyst in their Glasgow office, where I have undertaken pro bono work for a number of our leading charities clients and have taken a more than active role in promoting the work of law clinics and helping to grow the Ashurst Glasgow community efforts, with the firm recently being confirmed as a lead sponsor of the Law Society of Scotland’s Street Law initiative.

Essentially, I’d just like to stress that the opportunity provided by the GCU Law Clinic is one not to be missed and it is very much what you make of it. What is should be viewed as, is the perfect platform for students to learn, develop and grow and students need to leave their own legacy, but in that process hopefully making concurrently a massive difference to the people who need it most, and to those whom the GCU Law Clinic was ultimately set up for, the common weal. “

The remainder of 2016 will see us launch a number of new ventures which will allow us to increase the number of clients that we are able to help. Holding the post of Student Director allows me to be involved in all aspects of the law clinic and I am able to see the hard work and enthusiasm of our team of volunteers on a daily basis. I have also been milking my 100% successful record in court for all it’s worth. Volunteering with the law clinic has allowed me to supplement my studies in a very practical way and put into practice what I am learning while helping people who fall into the category of unmet legal need – which against the current backdrop of significant cuts to legal aid is continuing to grow. I cannot phrase it any more eloquently than our inaugural Student Director, Greg, and would like to echo his thoughts. Studying at a university whose motto is ‘for the common weal’ and which aims to work towards the common good means we are well supported in our aims and expansion plans. Particularly, it is thanks to the supervision provided to us by our advisors, Sheridans Solicitors, which we are incredibly grateful for and especially the efforts of Claire McFadzean in establishing the Law Clinic and thanks to whom we are able to adopt a big picture approach to studying law and making a difference to those in society who need it most.

Delivering a Street Law Session with our Outreach team

Delivering a Street Law Session with our Outreach team

Even though I am leaving GCU I am proud to have been asked to continue working with the Law Clinic in an as yet untitled advisory role in which I hope to be joined by a number of Law Clinic graduates over the next few years and I am looking forward to the chance to carry on helping us go from strength to strength, especially our hosting of the Scottish Universities Law Clinic Network annual conference at GCU in June 2017. My successor, Rachel, has been heavily involved in the Law Clinic in the last twelve months and has a very good management team appointed alongside her so the expansion plans we have will continue apace. I would like to thank the whole team for their hard work this year and especially Claire for the opportunity to hold this post over the last year. As her Excellence in Teaching award shows, the students working in the Law Clinic will be well supported in their efforts.

Reflecting on the past year Claire said, “I am immensely proud of the achievements of the entire Law Clinic team during the last academic year. The motivation and drive of our LLB students has been truly amazing to witness. This article showcases some of the highlights from this year but I am all too aware that their individual and collective accomplishments go much further and deeper. Each day our law students demonstrate exceptional commitment and with their time and energy work incredibly hard in order to push forward with the work of the Law Clinic.

Ian Laing our Student Director has provided outstanding leadership this year and has led his team with enthusiasm and clear direction which has directly enabled the Law Clinic to become involved with new and interesting projects. He has now handed over the reins to Rachel Bond (4th year LLB student) and I am extremely confident she will carry on with the same drive and passion. I look forward to another productive year in which our LLB students demonstrate that they are true ambassadors of the University for the Common Good.”

SULCN Summer Workshop

SULCNOn Wednesday 8th June we welcomed the Scottish Universities Law Clinic Network to GCU for the 2016 SULCN Summer Workshop. As well as advisors from the Law Clinic at GCU there were representatives from the Aberdeen Law Project, The Free Legal Advice Centre at Edinburgh University, The Edinburgh Napier University Law Clinic, Robert Gordon University Law Clinic and the University of Strathclyde Law Clinic. We were also joined by Arlene McDaid, the founder of the Scottish Chapter of the Legal Hackers movement and Kapil Summan of Scottish Legal News.

Attendees had the choice of two workshops to choose from to start the afternoon, one run by Donald Nicholson OBE and the second by Rob Marrs, Head of Education at the Law Society of Scotland.

Donald Nicholson

Donald Nicholson

Donald discussed his soon to be published paper, ‘”Our Roots Began in (South) Africa”: Modelling Law Clinics to Maximise Social Justice Ends’. Many aspects of Law Clinics were discussed during the session such as the need for balancing the social justice aims of clinics with the educational focus on the participation of the student volunteers. Those in Donald’s session were split in to groups and asked to design their ideal Law Clinic and design a pitch to secure funding for this. It had participants debating whether there should be a focus on one aspect of pro bono work or whether a balancing act should be struck between multiple aspects and which was the best approach for maximising community impact. The impact clinics can have was also considered through both remedial and educational approaches. The remedial work done by Law Clinics after something has happened to a client is vitally important but just as important is the educational work done to make people more aware of the law, how it works and what their rights are. One of the best ways this can be done is through Street Law.

Rob Marrs

Rob Marrs

Street Law was the focus of the session delivered by Rob Marrs. Rob took the participants through one of the highly interactive sessions used in schools around the world based on the case of Michael Morton, a man sentenced to life in prison for the murder of his wife. Rob went through the evidence used in the case piece by piece, at each stage asking the participants whether that piece made them think guilty or not guilty before revealing the fascinating true story. The session, like all good street law lessons, makes the students really think about the law and improve their understanding of it’s principals and values while also encouraging the development of other skills such as critical thinking and forming logical, well presented arguments.

The workshops were followed by a plenary session at which general SULCN business was discussed and this page will be updated with the minutes of that meeting when they become available. The SULCN meeting began with the election of Malcolm Combe to the newly created post of Chairperson and this was confirmed unanimously. Malcolm has been a driving force behind SULCN since it’s inception and this is now being officially recognised. After a recap of Donald’s session for those who had been in Rob’s and vice verse future SULCN activity was discussed. The next event will be in September with the date and venue to be confirmed shortly and it was decided that GCU will host the 2017 SULCN Conference next June. This will be an excellent opportunity for us to showcase our new campus and welcome Scotland’s other law schools and members of the legal profession to GCU to discuss how Access to Justice can be achieved through pro bono services. GCU, whose motto is, ‘for the common good’ is an ideal venue for such a conference.

Our new Chair, Malcolm Combe

Our new Chair, Malcolm Combe

Finally, we heard from Arlene McDaid who has helped to organise an upcoming Legal Hackathon event in Glasgow, info for which can be found here. This event combines people from the legal sector with developers in order to come up with innovative ideas which can be used to make legal services easier to access for those who need to.

Our thanks go to everyone who attended, particularly Donald and Rob for their excellent workshops which have given the participants lots of fresh ideas for how to improve upon the already excellent work done by the organisations in SULCN.

We are already looking forward to hosting next years SULCN Conference but the following info should keep Access to Justice fans going until the next SULCN gathering.

Donald’s paper has now been published and is available from the International Journal of Clinical Legal Education.

Orla Drummond and Gráinne McKeever of the Ulster University Law Clinic published a paper entitled Access to Justice through University Law Clinics in October last year which is available here.

And finally, our new chair, Malcolm, has complied a Storify of the SULCN 2016 Summer Workshop.

The minutes from the SULCN meeting held at the end of the workshop can be downloaded here – SULCN Minutes – 8th June 2016

Networking Evening

In March the Law Clinic team were pleased to welcome representatives from some of Scotland’s leading firms and organisations to GCU for a networking evening with our LLB students. The evening was a fantastic opportunity for them to speak to professionals from:

The Evenings Guests. Photo by Joe Beaver

Ashurst; Brodies; BTO; CMS; COPFS; Katani & Co; Livingstone Brown; MacRoberts; McCluskey Browne; McLean & Stewart; North Ayrshire Council; North Lanarkshire Council; Peacock Johnston; SCRA; SYLA and  Whyte & Mackay.

Most of the organisations represented are now employers of GCU Law graduates and our students were extremely grateful to all our guests who gave up their evening to speak about their careers in law and the many, varied opportunities open to students studying law.

There was a real mix among the guests in both the sectors they worked in and the roles they perform. Being able to hear from experienced solicitors and trainees about their experiences in the profession, securing jobs within it and the lessons they learned during the job hunt was invaluable for our students about to embark on the same journey. We were also fortunate to have HR Partners join us and their tips on the application and interview process as well as what specific attributes their firms look for were very well received! Being able to have this interaction in a one to one conversation rather than across a stall at a packed careers fayre was a fantastic opportunity for the students. Our Academic Director Claire McFadzean was delighted by the turnout of employers, GCU graduates and students. “There is a real focus at GCU on the employability skills of our students. This is a key focus in the Law Clinic and on the modules ‘Skills for Legal Employment’ and ‘Professional Links’. It is vitally important in this competitive legal market that our students have well developed skills in client care, interviewing, negotiating and legal letter writing. This networking event has allowed our law students to discuss their skill set and experience with professionals in the industry and allowed them to leave with greater knowledge on how to best move forward in developing and improving their CV.

GCU Graduates

GCU Graduates

 

As well as welcoming guests from so many prestigious firms and organisations we were very happy to welcome back among them a large number of GCU graduates. Seeing what they have gone on to achieve in their careers was fantastic for our current students and gave them a real sense of what is possible for them. Seeing how well they are doing speaks volumes about the LLB at GCU as does the fact that these former students were willing to return and spend the evening giving back to the current law students at GCU, Indeed, Hazel Langan, one of our LLB graduates is now a Partner at McLean & Stewart.

 

 

The broad range of career paths showcased on the night included both traditional careers in law and roles that students may not initially have considered when beginning their legal education. Guests on the night came from a wide variety of roles within the profession including among others, a Partner in a high street firm, a Procurator Fiscal and in-house solicitors with local authorities and drinks giant Whyte & Mackay. New legal careers such as the Legal Technologist role pioneered by Ashurst were highlighted along with the opportunities afforded by this role such as working abroad in one of their many international offices. Representatives were also present from the Scottish Young Lawyers Association, membership of which provides many benefits to those beginning their legal careers, even at the university stage. Our Student Director Ian Laing spoke of the benefits of membership of SYLA and said, “At the beginning of May I was able to attend a talk given by a former lawyer of both FIFA and FC Barcelona free of charge courtesy of SYLA.” For students looking to further their studies there were guests who have embarked upon Masters degrees and Doctorates in law to talk about their experiences in academia beyond the LLB.

The night was styled as a ‘Speed Networking Evening’ and used a speed dating format to make sure that all of our students got the chance to speak to each of the guests. Every five minutes a bell would ring and the students would move on to the next table. The event ended up running over time with people slow to move on when the bell rang but this was due to everyone enjoying the evening and nobody was in a rush to wrap it up at the end. This showed how much of a success the event was from the point of view of the students who all thoroughly enjoyed it and also highlighted how generous the guests were with their time. They had all come from work, some from Edinburgh and Dunblane, to the event yet nobody was desperate to leave. We are incredibly grateful to all the guests who joined us and helped to inform and inspire the next generation of the legal profession in Scotland.

Ian and Ryan with Greg Scott from Ashurst and Ryan Watson from Livingstone Brown (both GCU Graduates)

Ian and Ryan with Greg Scott from Ashurst and Ryan Watson from Livingstone Brown (both GCU Graduates)

Our students found the evening both thought provoking and insightful having been able to make connections with people in a variety of different areas of law. Student Director Ian and Media Manager Ryan Bell contrasted the evening with other events they have attended with Ryan saying, “I really enjoyed the format. It was something very different to the usual networking events where there can be awkward ends to conversations as you run out of things to say. The five minutes was perfect and left you with things to go back and speak to people about afterwards.” Ian commented, “Ryan and I recently attended an event where we had been invited as finalists in the Scottish Legal Awards. We saw that circles quickly formed in the room and it didn’t give you a chance to speak to everyone so we wanted to do something which would give the students this opportunity. Speaking to my fellow students we would all be keen to come back and take part in this event in the future once we have begun our own careers.”

We would like to extend our thanks and gratitude to all who attended, both invited guests and students for what we hope is the first annual GCU Law Clinic Speed Networking Evening. Thanks must also go to Patrick Ring who helped with the organisation of the evening and especially to James Connolly and Andrew Tickell, lecturers in Law at GCU for footing the bill for the wine. Everyone definitely appreciated that!

A full gallery of pictures from the event taken by Joe Beaver on behalf of GCU Visual can be found here.

 

 

 

 

SULCN Workshop at GCU

On 8th June we will be welcoming members of the Scottish University Law Clinic Network to GCU. The afternoon will run from 2-5pm and attendees will have the choice of one of two workshops before an hours general discussion. Following this all are welcome to join us at the pub! The timetable for the afternoon is below and anyone interested in attending can register here. Anyone registering for Workshop A will have the paper emailed to them in advance of the session.

13:30-14:00 – Arrivals & Refreshments

14:00-16:00 – Parallel Session

Workshop A –Donald Nicholson OBE of Strathclyde University will lead a discussion of his yet to be published paper examining choices to make when designing clinics to maximise community impact. The paper will be made available beforehand.

Workshop B – Rob Marrs, Senior Policy and Development Manager at the Law Society of Scotland will host a workshop on Street Law. This is a concept used worldwide and it utilises highly-participatory, law-focused lessons to educate people about their rights and the legal process.

16:00-17:00 – Plenary Session. General SULCN business. The agenda for this can be found below along with the minutes from the previous meeting.

 

Agenda – 8th June 2016

Minutes – 2nd April 2015

Further information on the SULCN event held in June last year at the University of Aberdeen provided by Malcolm Combe can be found in his Storify of the event and follow up piece in The Journal.