The Scottish Law Commission and Law Commission published their recommendations on simplifying the law on consumer remedies for faulty goods.

As reported on 18th May 2009, the Law Clinic took part a joint consultation by the Law Commission of England and Wales and the Scottish Law Commission. This response was founded upon the Law Clinic’s considerable experience in consumer cases involving faulty goods.

The Law Commission and Scottish Law Comission has quoted the Law Clinic’s response on three occasions. This report can be read here.

University of Strathclyde Law Clinic shortlisted for Community Champion Public Service Team Award

The University of Strathclyde Law Clinic was last week recognised as a finalist in the Glasgow Community Champion Awards hosted by the Evening Times. This recognition event brings together Glasgow City Council, Glasgow Community Planning Partnership, Strathclyde Fire & Rescue, Strathclyde Police and the Evening Times to celebrate the selfless efforts of local heroes.

Attended by around 200 people, the Community Champions ceremony took place in the Partick Burgh Halls last Thursday (28 May 2009) where the Law Clinic was nominated for the Public Service Team award and was one of three finalists in the Central and West region.

The awards recognise the contribution of local individuals and organisations to their local community. For such a large area, being one of only three finalists is a great achievement for the Law Clinic and demonstrates that the work our student advisors carry out, providing free legal advice and representation to individuals most in need, is having a significant impact in the Glasgow area.

The nomination for this local award recognising the tireless efforts of the Law Clinic follows national success at the LawWorks & Attorney General Awards in March, where the Law Clinic was awarded the Best Contribution by a Law School to pro-bono legal work in the UK.

The Law Clinic recently took part in a joint consultation by the Law Commission of England and Wales and the Scottish Law Commission. Having had considerable experience over the last five or so years in consumer cases involving faulty goods, four Clinic students (Felix Boon, Neil Campbell, Scott McMaster, and Katy McSkimming) wrote a response to the consultation paper on behalf of the Clinic. This was referred to frequently in the summary of responses to the Law Commissions’ consultation and on two occasions the Law Clinic’s submission were directly quoted (see atwww.scotlawcom.gov.uk and www.lawcom.gov.uk).

We are extremely pleased that our views and contributions may help law reform in this area. Law reform is something that the Law Clinic is keen to be involved in, seeing its role not solely as a provider of legal advice and representation, but also as a proactive organisation that helps improve access to justice by every possible means, including being active in law reform.

The summary of responses can be accessed athttp://www.scotlawcom.gov.uk/downloads/dps/dp139_responses_summary.pdf

University of Strathclyde Law School wins Best Contribution by a Law School award for the work of the Law Clinic.

The University of Strathclyde has become the first university in Scotland to win a prestigious award for widening access to legal services.

Strathclyde Law School won the Best Contribution by a Law School award in the LawWorks & Attorney General Student Awards.

The University won its award for the work of its Law Clinic, which offers legal advice to members of the public who do not qualify for Legal Aid but still cannot afford professional fees.

The Law Clinic is the only service of its kind in Scotland and Strathclyde is the first Scottish university to win in the LawWorks & Attorney General Student Awards. Law schools in Scotland and Northern Ireland were invited to enter the awards for the first time this year.

Nine students involved in the Law Clinic were at the awards ceremony, along with Professor Donald Nicolson, founder and chairman of the Clinic. They were presented with their trophy in a ceremony at the House of Lords in Westminster.

Lord Hope of Craighead, Chancellor of the University of Strathclyde, also attended to offer his support. Competition judges described Strathclyde’s contribution to the awards as “a watershed for student pro bono activity in Scotland; long overlooked and now well and truly centre stage.”

Professor Nicolson said: “The Clinic not only provides an invaluable service to the public, by fulfilling unmet need in legal advice. It also gives law students essential, practical experience of the legal profession.

“The Law Clinic has proved to be a hugely successful venture and this award is a great endorsement of our students’ achievements. We look forward to continuing to build on these successes.”

One of the students, Stuart Kelly, said: “It’s a great honour to win this award and to be given commendation by the competition judges. We were told that, as the only law clinic in Scotland, we were serving not just a community but a country and that we were a dynamic group who could help to develop more of a pro bono culture in Scotland.

“We won’t be resting on our laurels and will be working to ensure we strengthen the Law Clinic further.”

The awards, organised by legal charity LawWorks and endorsed by Attorney General Baroness Scotland QC, recognise the contribution of law students to pro bono work- free legal services performed by lawyers for people who have difficulty affording fees.

Strathclyde was also nominated in the Best Team of Students category and for the Best Contribution by an Individual Student- for Alasdair Stewart, Baroness Scotland said: “I am both proud and delighted to be part of this celebration which acknowledges the fine achievements of lawyers who are embarking on their legal career.

“I believe the desire to undertake pro bono work is inherent in every good lawyer; it is part of their DNA. I applaud the ingenuity, passion and commitment of all the winners, and all of the other nominees who have worked tirelessly to keep pro bono work at the very heart of our profession.”

The Attorney General presented the awards alongside LawWorks’ Chairman, Paul Newdick, and Chief Executive, Rebecca Hilsenrath, along with LexisNexis’ Managing Director, Josh Bottomley.

The event was sponsored by legal publisher and information supplier LexisNexis.

Youngest lay representatives in Scotland to win a proof in the Sheriff Court.

On 10 March 2009, Emma Boffey and Mhairi Alexander successfully represented a Law Clinic client in a Small Claims Action, heard in Glasgow Sheriff Court. The pursuer (the client) had raised an action for payment, to recover her tenancy deposit which she claimed had been unlawfully retained by her landlord. The defender (the landlord) maintained that he had lawfully retained the deposit and alleged that the client had damaged the property.

The case centred around the factual and legal interpretation of the concept of “fair wear and tear” – if any damage was present in the flat after the tenancy came to an end, did it constitute unlawful damage, or did it fall to fair wear and tear, thereby discharging the client from further liability?

Negotiations proved unsuccessful and the case called for a full hearing with evidence before Sheriff Bowman – this entailed leading evidence from the client herself, and a witness, who had professionally cleaned the carpets in the flat on two occasions throughout the tenancy. In addition, the advisors were responsible for preparation of all productions, legal submissions and cross examination of the defender.

Ultimately, Sheriff Bowman found for the pursuer and awarded decree for the sum of £127.79 – perhaps a small amount to some, but nonetheless this case proves that without the assistance of the Law Clinic in terms of advice and indeed, representation, the client would have been unable to recover this sum she was due.

In succeeding in this case, Emma and Mhairi become the two youngest lay representatives in Scotland to have conducted, and won, a proof in the Sheriff Court.

The University of Strathclyde Law Clinic has yet more success to celebrate!

The Law Clinic and its students have been shortlisted for three separate awards in theLawWorks & Attorney General Student Awards 2009.

Organised by LawWorks, the awards recognise the outstanding contribution made to pro bono work by law students and law schools.

The University of Strathclyde Law Clinic and our students are proud to have been nominated in three distinct categories:

Best Contribution by an Individual Student (Alasdair Stewart)
Best Contribution by a Team of Students (The Joint Committee, which runs the Law Clinic)
Best Contribution by a Law School (The Law Clinic itself)

The panel of judges was made up of Husnara Begum (Editor of Lawyer2B), Richard Grimes (Legal education consultant at Talkinglaw), Bob Heslett (Vice President of the Law Society of England & Wales) and Tom Laidlaw (Head of Academic Development at LexisNexis).  The Attorney General then makes the award to the winner and runner-up in a ceremony at the end of March.