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George Osborne described his first Budget as ‘the unavoidable Budget’ in which spending cuts outweighed tax increases by a ratio of 77% spending cuts to 23% tax increases. The capital gains tax changes were less harsh than many feared. The new top rate of 28% is much less than the 40% or 50% rates that had been threatened and it was a relief that the annual exemption will stay at £10,100. The increase in the lifetime limit for entrepreneurs’ relief from £2 million to £5 million will be welcomed by business owners.
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The defamation action by Frances Curran against the Daily Record has been thrown out and dismissed as irrelevant in a judgement issued in the Court Session.

This is an important judgement supporting the right of the media to publish stories critical of politicians in the context of their political life.

READ THE FULL RULING HERE (PDF, 225 KB)

Please find a link to our Budget review covering the key points of Alastair Darling’s second Budget.

With the country likely to go to the polls on 6 May, Mr Darling’s third Budget was predictably as much a political exercise as a conventional set of announcements. While many of the measures had been set out in last December’s Pre-Budget Report, there were also some surprises. These included the increased stamp duty land tax rate on residential property over £1 million from 6 April 2011 and the doubling of capital gains tax entrepreneurs’ relief to £2 million only two years after it’s introduction.
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Levy & McRae were engaged by Sir David Murray in obtaining an appropriate and prompt apology from the Daily Telegraph after they wrongly reported the circumstances of him ceasing to be Chairman of Rangers FC. The apology published was…

Sir David Murray and Rangers Football Club

“Walter Smith: I nearly got the sack in February” (9 December). Published: 10:30PM GMT 11 Dec 2009

Our report “Walter Smith: I nearly got the sack in February” (9 December) wrongly reported that Sir David Murray was “forced to step down as Chairman of Rangers Football Club when Lloyds Bank began to exert pressure”.

As we reported in October, Lloyds Bank made clear in its statement that Sir David’s decision to step down was a personal one and not at the behest of the bank. It is well known that Sir David had planned to step down for some time and did so for entirely personal and business related reasons. We are pleased to set the record straight and sincerely apologise to Sir David for any embarrassment or annoyance caused.

FIRM PROFILE

Senior Partner: Peter Watson
Partners: 7
Assistants: 6
Other fee-earners: 9

The Firm
Levy & McRae is one of Scotland’s leading law firms. The firm has a particularly strong reputation for litigation, media and personal injury.

Principal Areas of Work

Litigation: Extensive litigation practice including representing British Sky Broadcasting Limited in the enforcement of all copyright and licensing matters arising in Scotland.
Media: One of the largest media law practices in the country providing advice to an extensive range of clients in the print and broadcast media.
Dispute Resolution/Reputation Management: Prominent individuals from the world of business, TV, film, music and sport retain the services of Levy & McRae to ensure that reputations are protected from unwarranted intrusion and defamation.
Crime: Uniquely, the firm has an in-house investigation team of senior ex-police officers and by using the latest technology in software and data management, the firm has achieved great success in a number of high profile and complex cases.
Personal Injury: The firm deals with a high volume of reparation claims arising from workplace, road traffic, aircraft and shipping accidents. The firm has extensive experience dealing with complex, multi-million pound claims, often involving high profile media interest.
Inquiries: The firm appears regularly in Public and Fatal Accident Inquiries throughout Scotland representing the interests of families, police officers, prison officers and companies (most recently SEPA) to ensure its clients’ interests are fully protected or advanced at such Inquiries.
International: Levy & McRae are involved in litigation around the world including in France, Spain, Turkey, Italy and the United States. As part of Legal Netlink, the firm offers worldwide access to local counsel.

RANKINGS

Crime – Scotland (Band 1)

THE FIRM
This firm’s Glasgow-based criminal practice receives a significant number of instructions from the Scottish Police Federation and has extensive experience in handling SOCA prosecutions.

KEY INDIVIDUALS
Alasdair Gillies is the key contact.

Defamation/Reputation Management – Scotland (Band 1)

Peter Watson (Band 1)

Angela McCracken (Band 2)

THE FIRM
The team here enjoys one of the largest defamation practices in Scotland. It regularly acts for big-ticket clients such as Trinity Mirror, the Sunday Herald and ITV, as well as advising a number of publishers. In addition, it does reputation management work for celebrities and high-profile individuals, as well as for Glasgow City Council and South Lanarkshire Council.

KEY INDIVIDUALS
Senior partner Peter Watson is “the name that people know in the market.” Angela McCracken has a well-respected media practice that includes advising on print, broadcast and online defamation issues, both pre and post-publication.

Dispute Resolution – Scotland (Band 3)

Peter Watson (Band 2)

THE FIRM
The sensible and pragmatic lawyers in this firm’s litigation team are instructed in a number of high-profile cases, particularly in the media sector and in defamation matters. Other areas of activity for the team include corporate governance and restructuring issues and IP disputes. Clients are drawn from a range of industries and include construction companies, stockbrokers, investment banks, hedge funds, service businesses, football clubs and various television and newspaper clients. The team also advises a number of government organisations, law enforcement agencies and individuals. Recent work includes advising on international mediations, settling disputes to the value of over £1 million.

KEY INDIVIDUALS
Litigation head and senior partner of the firm, Peter Watson is a “very well-known figure in terms of insurance litigation – he’s been in the market a long time and attracts a lot of work with his excellent name.”

Media & Entertainment – Scotland (Band 3)

Peter Watson (Band 1)

THE FIRM
This specialist Glasgow-based team continues to impress the Scottish market with its expertise in defamation, libel and day-to-day news operational matters, acting for print and broadcast media. In addition to reviewing scripts for Scottish TV, it also advises Newsquest, publisher of the Sunday Herald, and recently acted for the Daily Record in an action brought against it by AppA Therapy Beds.
Sources Say: “Polished, stable and dedicated.”

KEY INDIVIDUALS
Senior partner Peter Watson is praised for his contentious work.

Partnership – Scotland (Band 2)

William Macreath (Band 2)

THE FIRM
Levy & McRae continues to command great respect for its Scottish partnership work.

KEY INDIVIDUALS
William Macreath is an impressive name in the sector with noted technical expertise. “He is our first port of call if we are conflicted out,” say competitors.

Corporate/M&A

Andrew Sleigh (Band 3)

Restructuring/Insolvency

Andrew Sleigh (Band 2)

KEY INDIVIDUALS

Peter Watson peterwatson@lemac.co.uk

Ranked in:
Scotland – Defamation/Reputation Management (Band 1)
Scotland – Dispute Resolution (Band 2)
Scotland – Media & Entertainment (Band 1)

Specialisation: Media; defamation; libel; aviation; international claims and litigation; personal injury litigation; public and fatal accident inquiries; civil and criminal litigation including cases which have been heard at the House of Lords and Privy Council; Legal Advisor to Rangers Football Club plc including successful appearances before UEFA disciplinary committee; Represented Shirley McKie and secured acquittal following the first successful challenge to finger print evidence in the world; Inland Revenue and Customs & Excise investigation; employment law; partnership law; Secretary of the Lockerbie Air Disaster Group; Secretary of Braer Disaster Group; Member of the Steering committee of the Piper Alpha Disaster Group; Member of the Stockline Disaster Group; Gecas v Scottish Television plc; Regina v Flight Lieutenant Williams; Cavendish v The Scotsman Publications & Others; representing the Dunblane Families at the Dunblane public inquiry; representing owner of care home prosecuted under Health & Safety & Work Act 1974- HMA v Balmer & Others; Solicitor of the Year 2008 - The Law Awards of Scotland; involved in litigation in more than 12 countries other than the UK.
Professional Memberships: Law Society of Scotland; SSC Society; sits as a Part Time Sheriff (Judge); APIL; ATLA; past President of the Society of Solicitor Advocates; past Chairman of the Scottish Mediation Bureau; Member of the IBA.
Career: BA in Economics, University of Strathclyde; Bachelor of Law, University of Edinburgh; research at Scandinavian Maritime Institute and thereafter at Dundee University, Centre for Petroleum and Mineral Law Studies; visiting scholar in International Law, Nova University, Florida, USA; on the board of Anglia Sports Law Research Centre.
Publications: Author of ‘In Pursuit of Pan Am’ and ‘The Search for Justice - A Case for Reform to the Civil Justice System in Britain’. Addressed the UN Summit on The Third UNECE/ REAG Land for Development Programme (LFDP) Forum, ‘Property Rights for the Poor: A Global Perspective’ in Rome on December 12th and 13th December 2004 delivering the speech on the ‘Rule of Law and Economic Prosperity’.
Personal: Golf, horse racing; travel; married with two daughters, Anna and Sophie.

William C Macreath billmacreath@lemac.co.uk

Ranked in:
Scotland – Partnership (Band 2)

Specialisation: Partner in Litigation Department specialising in work for professionals particularly solicitors, doctors architects etc; partnership dispute resolution advice; LLP advice; large divorce practice.
Professional Memberships: Law Society of Scotland; Society of Solicitors in the Supreme Court; Founding Director of the Director of the Legal Defence Union.
Career: Glasgow University; McLure Naismith Brodie 1974-76; Strathclyde Regional Council 1976-78; Paton and Co Partner 1978-90; Levy and McRae Partner 1990-date.
Publications: Articles in professional publications on professional ethics, complaints against solicitors and their handling, and articles on divorce and the valuation of business interests on divorce; on coping in private practice; articles on partnership. Regular speaker at professional seminars for medical and legal profession.
Personal: Married.
Interests: the arts, reading, cinema, golf, travel and politics. Former Member Greater Glasgow Health Board 1988-99; former Member Scottish Medical Services Committee 1994-97; former Council Member Royal Faculty of Procurators Glasgow 1998-2001; former Member Client Relations Supervisory Committee of the Law Society of Scotland. Director since 1985 of the Legal Defence Union.

Andrew Sleigh andrewsleigh@lemac.co.uk

Ranked in:
Scotland – Corporate/M&A (Band 3)
Scotland – Restructuring/Insolvency (Band 2)

Specialisation: Andrew is a well known practitioner in the SME corporate sector in Scotland. He has recently acted for the vendors of Border Rail in their sale to Powerlines of Austria and the vendors of Richardson Oils in their sale to Irish Food Processors. Andrew is also well known for his expertise in corporate insolvency and he has recently acted for the purchaser of Cullen Packaging from its administrators. Andrew continues to handle governance and policy issues for the SFA. The newly established Corporate and Commercial Unit at Levy & McRae also handles commercial contracts and has recently been involved in commercial agency;whisky distribution; and sports image agreements. The recession has seen an increase in shareholder and director disputes and Andrew is also prominent in this sector.

Angela McCracken amc@lemac.co.uk

Ranked in:
Scotland – Defamation/Reputation Management (Band 2)

Specialisation: Angela McCracken is a Partner with Levy & McRae and specialises in media law providing 24/7 advice to all of the firm’s media clients both in broadcasting and print. She has been involved in many ground breaking media cases and acted for The Scottish Countryside Alliance in challenging the validity of the Scottish legislation banning fox hunting. She also has wide ranging expertise in civil litigation, including international litigation and acts for a number of high profile clients and organisations.
Career: She was educated at Westbourne School for Girls and then went on to study law at The University of Glasgow and has practised law with Levy & McRae since leaving University.
Personal: Her hobbies include tennis, keeping fit and reading.

Visit the Chambers website >>

Our firm has had continued success throughout the summer and autumn of 2009. In the High Court, the firm led the successful challenge to the Indictment of the owners of Rosepark Nursing Home following the tragic fire in January 2004. The Rosepark fire was one of the worst tragedies in Scotland in recent years and the firm led the successful strategy to challenge the competence of the Indictment against the owners, which had
been brought under Health & Safety legislation. Following the judge’s dismissal of the charges brought by the Crown, Peter Watson, confirmed that a “Fatal Accident Inquiry should have been established initially to let the bereaved families hear all the evidence. The Crown saw this tragedy in terms of a crime when many thought an investigation into the facts was more appropriate.”(http://news.bbc.co.uk/1/hi/scotland/glasgow_and_west/8061537.stm) A Fatal Accident Inquiry begins on the 16th November 2009.

Further success followed in the recent acquittal of staff from a leading specialist Educational Centre for troublesome young people following an allegation of assault by one of the children. The case was led before a jury and a ‘no case to answer’ submission was upheld. This was quickly followed by the successful acquittal of an off-duty police sergeant facing a serious charge of assault to serious injury and permanent disfigurement. Both he and his son had been stabbed and the officer acted in self defence to protect his family from further attack. A Glasgow jury took just 6 minutes to unanimously acquit the officer in what is widely believed to be quickest return of a verdict from a Scottish jury. (Find
more details at the attached link http://news.stv.tv/scotland/west-central/133629-police-officer-cleared-of-assault/)

This augments the firm’s successful reputation in acting in complex, high profile and sensitive cases.

Legal disputes can be expensive and stressful to pursue or defend. Private individuals and businesses are now deterred more than ever from taking or defending threatened legal action because of the financial risk and uncertainty of the outcome. This is where ‘Legal Expenses Insurance’ can help.

Legal Expenses Insurance is unlike conventional insurance. Instead of a direct payment being made, Legal Expenses Insurance meets the costs involved when pursing or defending a claim. These costs include the appointment of solicitors, provision of legal advice, expert witnesses and expenses. In many cases the Legal Expenses provider will manage the claim from start to finish. The provider will set a limit for the indemnity which is the maximum amount to be paid out in the event of a claim. The client will be responsible for any costs incurred over the agreed indemnity limit.

This insurance is offered to both private individuals and businesses. Such insurance protects the individual or business in a wide range of disputes, including personal injury and contractual disputes. It is used by businesses when pursuing or defending their legal rights in a variety of business and employment related disputes as well as for property and tax protection purposes.

Legal Expenses insurance takes the stress out of appointing a solicitor and the worry about legal costs, allowing the client to focus on achieving a successful outcome.

How Can After The Event (ATE) Insurance Help You?

Traditionally Legal Expenses Insurance is taken out Before the Event (BTE) to cover any unforeseen events that may happen in the future. More recently, Legal Expenses Insurance is being taken out where an incident has already occurred which is known as ‘After the Event’ Insurance.

After the Event Insurance is a type of Legal Expenses Insurance policy that provides cover for the cost of the pursuit or defence of litigation, a policy purchased after the cause of the legal dispute has come to light.

As the policy is only taken out after the event has occurred, every policy is based on the attributes of the individual case with the insured paying a premium for a set amount of legal fees which can be ‘topped up’ as required. Premiums are usually available on a deferred and self-insured basis or alternatively are dependent on success. This means that the premium is only payable at the conclusion of the case, and then only if the case is successful.

If you would like to know more about Legal Expenses Insurance or After the Event Insurance, either as an individual or for your business, please contact us.

An important decision for auditors was issued by the House of Lords in the last week of July 2009: Moore Stephens (a firm) v Stone Rolls Limited (in liquidation).

In summary, the Judgment ruled that an auditor should not be held negligently liable for failing to detect and report on a fraud perpetrated by the sole owner and controller of a company.

This maintains the narrow view of the extent of an auditor’s duties as set out in the seminal Caparo Judgment when the Court held that an auditor’s duties were generally owed only to the shareholders and not the creditors.

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The Glasgow investigative magazine, The Digger, has apologised for its reporting of what have proved to be unfounded complaints against the chief executive of a local housing association.

In a front page apology, the magazine admits to reproducing incorrect allegations against Robert Tamburrini, head of North Glasgow Housing Association. They were made, says the magazine, in a series of articles over two years and repeated by the magazine’s James Cruickshank to another publication.

The allegations were from a former tenant who went to court with them, only for the sheriff to report him to the procurator fiscal, for possible perjury.

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An independent newspaper in Glasgow has printed a front-page apology to the chief executive of a local housing association after it ran a series of “serious, yet unfounded” allegations about him.

The Digger, an A5 weekly newsletter focusing on crime, ran the apology after settling a defamation claim brought by Robert Tamburrini, chief executive of the North Glasgow Housing Association.

Lawyers representing Tamburrini said the title had published a series of untrue stories about him over a two-year period.
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Settlement of the Court of Session action between Robert Tamburrini, Chief Executive of the North Glasgow Housing Association, and the publication ‘The Digger’, has been welcomed by Peter Watson, Senior Partner at Levy & McRae Solicitors.

Speaking on behalf of his client, Robert Tamburrini, Mr Watson said: “The Digger published wholly untrue allegations about our client over the course of a two year period and today’s front page public apology demonstrates the seriousness of its actions.

“The Digger’s false articles seriously impacted on the reputation of our client and his employer, the North Glasgow Housing Association, and we are delighted with the outcome that involves The Digger paying Mr Tamburrini’s judicial expenses and £1000 to a charity of his choice.

“Unfounded articles by publications such as The Digger cannot be allowed to go unchallenged as they damage the reputation of journalism as a whole.”

For further information, please contact Callum Anderson at Levy & McRae Solicitors on 0141 307 2311.

Lawyers at an event in Atlanta say cost cutting for outside counsel to corporations has reached unprecedented levels this year.

How one local in-house counsel approaches outside law firms may very well summarize the state of today’s legal economy.

“I have to personally reduce outside counsel costs,” said Norcross’ Michelle L Meiselman, assistant general counsel for Akzo Novel Inc, a global supplier of paints, coatings and specialty chemicals based in Amsterdam, Netherlands. “If I don’t, then it comes out of my bonus – if there are bonuses this year.”

Meiselman’s comments, that cost cutting for outside services to corporations has reached unprecedented levels this year, was echoed by another in-house lawyer and law firm attorneys at a panel discussion in Atlanta this week.

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Hamilton Academical Football Club chairman Ronnie MacDonald has saved 87 jobs by buying collapsed Glasgow packaging manufacturer Robert Cullen, a business he had exited in spring last year, The Herald has learned.

Cullen, which makes pulp-based disposable bedpans and medical trays for the NHS and manufactures cardboard boxes, collapsed into administration in February with debts of £10.5m.

MacDonald had been a driving force behind Robert Cullen for more than two decades before he sold his 50% stake to Chris Hogarth, who owned the other half of the business, in April last year.

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Please find a link to our Budget review covering the key points of Alastair Darling’s second Budget. Against the background of a global economic crisis and rapidly increasing government borrowing, Mr Darling approved several significant tax changes, some of which had been trailed in last November’s Pre-Budget Report.

This year there were over 90 supporting notes with the Budget, demonstrating how many changes need consideration. The most eye-catching of these were:

• A new 50% rate of income tax on income over £150,000 from 2010/11.

• The phasing out of personal allowances for those with income over £100,000, again from 2010/11.

• Restrictions on higher rate income tax relief for pension contributions for people with income over £150,000.

• A temporary 40% first year capital allowance for businesses.

• An increase in the ISA contribution limit to £10,200.

We hope that this summary proves useful and, if any of the areas discussed seem likely to have an impact on your personal or corporate plans, we would urge you to contact us so that we can help guide you.

LEVY & MCRAE
is ranked in Chambers UK 2009:

Once again Levy and McRae top the ranking tables in Chambers UK: A Client’s Guide to the UK Legal Profession 2009. Top in Crime. Top in Defamation. Top in Media. And very near the top in all other categories.

CORPORATE FINANCE

Corporate Finance

Scotland

Leading Individuals

Band 3

Sleigh Andrew Levy & McRae

Other Notable Practitioners

Andrew Sleigh is another standard-bearer of the department whose vast experience is matched by his exceptional knowledge.

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