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The Faculty of Advocates regulates over 460 Advocates in Scotland. Advocates practise out of Stables, which are either serviced by the Faculty Services Limited (FSL) or via internal servicing structures (Non-FSL). There are currently eleven FSL Stables and three Non-FSL Stables, which handle civil, criminal or mixed areas of work. The FSL provides clerking, feeing and credit control services, and, of late, has undergone a phase of modernisation with one notable step being towards e-business.

Despite Oracle Chambers’ brave move to break away from the traditional system, it has recently disbanded. Devolution provided Stables with increased independent powers; each can select its own members, market itself to agents however it chooses, and set up specialist practice area groups. Such powers are expected to lead to increased competition, and it is hoped that agents and lay clients will continue to see a better service. Richard Keen QC, who remains the Dean of the Faculty, is ‘an excellent leader, who lived up to his reputation as one of the leading lights of the Scottish Bar’. Scottish Advocates generally have far broader practices than English and Welsh barristers; inclusion in one area should not be taken to mean that the advocate is confined to that one area. However, among many notable specialists, Murray Stable has a strong immigration team and certain members of Axiom Advocates focus on media and defamation matters.

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Legal Developments in the UK

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  • COUNCIL TAX

    In Harrow LBC v Ayiku [2012] EWHC 1200 (Admin) Sales J held that the word “or” in the Council Tax (Exempt Dwellings) Order 1992, art 3 Class N, had a disjunctive meaning, therefore it was sufficient for the non-British spouse of a foreign student to satisfy one or other of the two conditions, namely being prevented from taking paid employment or being prevented from claiming benefits, in order to qualify as a “relevant person” who was exempted from liability to pay council tax.
    - 11KBW

  • QUEEN’S SPEECH

    Bills already introduced pursuant to the Queen’s Speech on 9 May 2012 include Local Government Finance Bill and Electoral Registration and Administration Bill, both accompanied by Explanatory Notes, which in each case address ECHR compatibility.
    - 11KBW

  • Standards

    In R (Calver) v Adjudication Panel for Wales [2012] EWHC 1172 (Admin) Mr Calver was a member of Manorbier Community Council who successfully challenged the decision of the Panel to dismiss his appeal against a decision by Prembrokeshire County Council Standards Committee censuring him for a number of comments or blogs posted by him on a website he owned and controlled.
    - 11KBW

  • A justified retrospective

    Clive Sheldon - QC debates the pros & cons of retrospective tax legislation
    - 11KBW

  • Public Sector Equality Duty (“PSED”)

    In R (Greenwich Community Law Centre) v Greenwich LBC [2012] EWCA Civ 496 the Court of Appeal held that the Council had had “due regard to the PSED when making changes to its funding of community legal advice services”. At para 30 Elias LJ said:
    - 11KBW

  • Public Sector Equality Duty

    Surrey County Council conducted a review of its Library Service. This culminated in a Report to the Council’s Cabinet. The Recommendations in the Report included that there should be consultation about a community-partnership approach at selected Libraries.
    - 11KBW

  • Judicial Review

    The Judgment of Lindblom J in The Manydown Co Ltd v Basingstoke and Deane BC [2012] EWHC 977 (Admin) repays attention. The Claimant sought to challenge by judicial review 2 decisions of the Council: (1) the Council’s refusal to reconsider its position on the development of a site that it owns (and is the subject matter of a Joint Development Partnership Agreement with the Claimant); and (2) a decision of the Council’s Cabinet approving a selection of sites for development which did not include this site.
    - 11KBW

  • The Health and Social Care Act 2012: impact on adult social services

    After its torrid passage through Parliament, the Health and Social Care Bill received Royal Assent on 27 March 2012. The Act deals principally with healthcare reform, but it also contains some amendments to the legislative framework for social care. It will come into force on a day yet to be appointed by the Secretary of State.
    - 11KBW

  • Immigration update May 2012

    In this issue:
    - Penningtons Solicitors LLP

  • Premium service for tier 2 and 5 sponsors to be launched

    A premium service for sponsors will be launched by the UKBA on 6 April 2012. The service is designed specifically for companies that sponsor international employees under tier 2 and 5 of the points based system and aims to provide them with enhanced support.
    - Penningtons Solicitors LLP

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