Oxfam Scotland backs 'No evictions for bedroom tax' campaign in Scotland

Oxfam Scotland is backing a change in the law that will help tenants affected by the controversial cuts to housing benefit stay in their homes in Scotland. The charity, which works with partners in Scotland to fight poverty and create sustainable livelihoods, is supporting a petition to the Scottish Parliament by Govan Law Centre (GLC), calling for an amendment to existing housing law.

The amendment will mean that rent arrears caused by the so-called 'Bedroom Tax' can't be used as grounds for eviction by social landlords like councils or housing associations. Government changes to housing benefit mean that, from April, people who are judged to have a 'spare room' will face a massive 14% cut in the support they get to keep a roof over their heads. Those with two 'spare rooms' will face a 25% cut.

Judith Robertson, Head of Oxfam Scotland, said: "Last year our Humankind Index for Scotland found that an affordable, decent and safe home is the top priority for Scots across the country. But housing benefit cuts will put thousands of people at risk of losing their homes. People on low incomes are already struggling.

"We recognise that social landlords are being placed in a difficult situation by these housing benefit cuts, but our priority surely has to be to keep families in their homes. The change in the law proposed by Govan Law Centre will help make sure that happens.

"We hope MSPs will support the petition, and we hope the UK Government realises the enormous damage these cuts will have on people."
 
 GLC's Principal Solicitor, Mike Dailly, said: "We are delighted that a leading global anti-poverty charity has decided to back our 'No Evictions for Bedroom Tax' petition in the Scottish Parliament.

"Oxfam's support for our Scottish campaign underlines the seriousness of the situation, with the prospect of tens of thousands of low income households in Scotland being threatened with homelessness unless they can find extra money for rent, and many families being pushed into destitution and poverty.

"We believe the Scottish Parliament has devolved powers which could be used to significantly mitigate the adverse impact of these changes to housing benefit, and hope that MSPs will join civic Scotland in supporting our No Evictions campaign".

Glasgow University Law School Ethics Colloquium

GLC's Principal Solicitor has delivered a speech today at the University of Glasgow's Ethics Colloquium on behalf of the UK's Financial Services Consumer Panel.

Mike suggested that many of our financial scandals and problems can be traced back to a lack of professional ethics in our banking system, and that ethical failure was a causa causans of so many of the UK's and international communities recent financial problems.  Mike's speech is available here.  (Mike's evidence on behalf of the FSCP to the Parliamentary Commission on Banking Standards is here).

For over four years now the UK has been hit, virtually weekly, by corporate scandals and failures attributable arguably to a lack of ethical behaviour at high levels. The Bank of Scotland, The Metropolitan Police, Arthur Andersen, Lloyds, South Yorkshire Police, BBC, Glasgow Rangers, HBOS, News International, MPs expenses and LIBOR rate fixing.

Glasgow University's colloquium has sought to analyse the causes of this culture and if this is now a permanent state of affairs or an issue which can be addressed. Can others learn from the medical and legal professions? Is there a role for education as well as regulation and sanction?

Held in the Court and Senate Suite of the University the event heard from high profile speakers from business, the professions and academia seeking to address the downward cycle of public and business behaviour. The speakers included:

· Sir Kenneth Calman, Chancellor, University of Glasgow, and former Chief Medical Officer for England; and Scotland
· Emeritus Professor Stewart Hamilton, IMD, Switzerland
· Harry Reid, The Herald
· Bruce Ritchie, Law Society of Scotland
· Mike Dailly, Financial Services Consumer Panel
· Tom Craig, Craig Corporate
· Douglas Mill, University of Glasgow, School of Law

Are UK payday lenders breaching EU irresponsible lending rules?

Are UK payday lenders breaching EU rules on irresponsible lending and if so what does this mean for consumers?  Govan Law Centre publishes a brief thought paper by Mike Dailly examining the 2010 Consumer Credit (EU Directive) Regulations introduction of section 55A and 55B to the Consumer Credit Act 1974. 

GLC and our partners have seen increasing examples of how the need for small, short term loans are being ruthlessly exploited by payday lenders to the detriment of our clients and communities. Households have become entrapped in impossible cycles of indebtedness with monthly default, roll over and eye watering usury interest rate charges.

Often the result of such expensive indebtedness is enforced poverty, personal hardship and threatened homelessness as clients cannot pay their rent or mortgage or buy household groceries as payday lenders hoover money and charges from their bank accounts each month. GLC believes this is unfair, unethical, and against the public interest.

GLC is in the process of actively challenging the right of payday lenders to recover their fees and charges on behalf of our clients and will share any developments in due course.  

Five nominations for GLC at Law Awards of Scotland

Govan Law Centre has received five nominations in four categories at the 2012 Law Awards of Scotland. The nominations were revealed at the Corinthian Club in Glasgow last night. GLC was nominated in the following categories:

* Law Firm of the Year (under 40 fee earners)
* Corporate Social Responsibility Firm of the Year
* Trainee Solicitor of the Year (Christine McKellar and Laura Simpson)
* Solicitor of the Year (Mike Dailly)

Govan Law Centre is delighted that its excellent team and achievements, as a campaigning community law centre, have been recognised by such a distinguished panel of independent judges.

The winners of the 2012 Law Awards of Scotland will be announced at a ceremony to be held in the Radisson Blu Hotel in Glasgow on 13 September.

Consumer challenges facing the UK's insurance industry

A link to GLC's Principal Solicitor's speech to the UK Industry Summit on Consumer Insurance Law and Regulation in London on Tuesday, 17 July 2012. Mike was speaking on behalf of the FSCP at the Infoline event, and discussed the Consumer Insurance (Disclosure and Representations) Act 2012, forthcoming law reform, the Revision to the EU Insurance Mediation Directive and various challenges the industry faced to deliver better quality, value for money and outcomes for UK consumers of insurance products.

Farepak: will the insolvency practitioner gravy train ever stop?

Over 100,000 victims of the Farepak Christmas club, which collapsed in 2006, will now receive almost 50 pence in the pound, primarily thanks to a charitable fund (17.5 pence) and a new £8m ex gratia payment from LloydsTSB (19 pence).

The work of the insolvency practitioners, BDO LLP, netted 13 pence in the pound yet their fees and outlays cost 19 pence in the pound; £8.2m - in other words they charged 60 pence to recover 40 pence.

The OFT's market study into this industry uncovered market failure in 2010. Big secured creditors, like banks, were able to exert some control over corporate insolvency practitioners (IP) fees and outlays. Yet, the OFT found in 40% of cases where unsecured small creditors were involved there was little or no oversight of IP fees and charges.

GLC's Mike Dailly speaks to BBC Radio 4's Money Box on the apparent licence that IPs have to print money, with little or no effective regulation from the UK Insolvency Service. In GLC's experience a similar problem exists in relation to IP fees and charges in the personal insolvency market.

GLC would like to see the OFT's recommendations - including an independent complaints body with real legal teeth to review IP fees and charges, and the power to impose fines - implemented.

The Insolvency Service consultation on these issue last year produced major industry opposition for any real change. Hardly surprising, when the present system represents the lightest touch of regulation for one of the most expensive and well paid industries in the world. An industry that frequently costs considerably more than it generates in recovered income.

GLC's Principal Solicitor wins Solicitor of the Year

This years Solicitor of the Year award has been given to Govan Law Centre's Mike Dailly at a gathering at the Hilton in Glasgow last week.

The prestigious award was determined by an independent panel of Scottish judges, chaired by former Secretary of State for Defence, the Rt Hon Lord Browne.  Mike is now the only solicitor to have won the award twice, having previously won in 2007.

The award for Legal Personality of the Year was given to Maggie Scott QC and Legal Academic of the Year went to the late Elaine Tyre. The 2011 Lifetime Achievement Award was given to Lord Rodger of Earlsferry who sadly passed away earlier this year.

Solicitor of the Year nominee for GLC

Govan Law Centre's Principal Solicitor, Mike Dailly, has been shortlisted for the Solicitor of the Year Award at the Law Awards of Scotland 2011.

The nominees were announced last night at a reception held at 29 Royal Exchange Square in Glasgow. There were three solicitors in total who made the short leet in the category of Solicitor of the Year.

Mike previously won this prestigious award in 2007. The 2011 winner will be announced at an awards dinner in Glasgow's Hilton Hotel on 8 September 2011.

GLC challenge proposed care package cull for severely disabled Glaswegians

GLC has written to Glasgow City Council's (GCC) Director of Social Care challenging the legality of plans to cut funding by up to 40% for care packages for adults with profound learning disabilities, often requiring 24/7 'one to one' care services in the City. 

The proposals follow GCC's adoption of a 'Self Directed Support' (SDS) funding system whereby clients can take charge of their own funding to ensure a more personalised, choice-based service.  However, Govan Law Centre is concerned that the new SDS system is being used to mask an irrational funding cull for some of the most vulnerable adults and children in Glasgow.

The new system is being introduced in phases; the current first phase affecting 1,800 adults with learning disabilities in the City, with future groups including children with learning disabilities and those with mental health disabilities.

GLC's Principal Solicitor, Mike Dailly said: "Govan Law Centre has identified a number of apparent major legal flaws in the new SDS system and its imposition to vulnerable persons via a 'review' of their care needs. We believe the Council needs to urgently rethink its entire process here, and in the interim continue existing funding packages. Otherwise, we believe the Council will be vulnerable to challenges by way of judicial review."

"There is also a fundamental human rights issue at stake with this care package cull: a 40% cut to care services to severely disabled persons who may be unable to communicate or undertake basic tasks, translates into placing human beings at high risk of self-harm, pain, suffering, and ultimately death, due to the fact, for example, no-one will be watching them during the night if they start choking or self-harming. Why would any Scottish public body want to do this?".

Christie Commission Report: GLC says hundreds of millions of pounds could be saved by earlier, co-ordinated, intervention in homeless prevention

Govan Law Centre (GLC) has welcomed the Christie Commission’s emphasis on the need to prioritise preventative spending to tackle the root causes of social problems, and believes that if its innovative earlier prevention of homelessness systems were rolled out across Scotland, hundreds of millions of pounds of public money could be saved each year.

GLC’s prevention of homelessness senior coordinator, Alistair Sharp said: “At the moment our innovative earlier prevention of homelessness systems have a 84% success rate, resulting in a potential saving of £48m per annum if rolled out across the City of Glasgow – or potentially several hundreds of millions of pounds per annum if replicated across Scotland”.*

“We are further developing and progressing prevention and partnership through a new innovative process of early intervention with our partners. This will allow us to provide services at a much earlier stage to protect people in their tenancy’s and owner occupancy by providing legal advice and representation, money and benefits service and access to other targeted support from the voluntary sector and social work services teams.”

GLC's Principal Solicitor, Mike Dailly said: "Govan Law Centre would like to see an amendment to the Homelessness etc., (Scotland) Act 2003 to require all local authorities in Scotland to provide a co-ordinated earlier intervention prevention of homelessness system. We have seen the impact and success that such an approach can have in the Southside of Glasgow, and there is no reason that such an approach could not be delivered across Scotland".

The Christie Commission reports that as much as 40% of all spending on public services is spent on social problems which could have been prevented in the first place and by ‘prioritising a preventative approach’ and developing ‘a radical, new collaborative culture’ with the public and voluntary and private sectors working in partnership could cut demand and ‘big bills’ in health, social care and justice.

Govan Law Centre’s Prevention of Homelessness Partnership is made up of Govan Law Centre, Money Matters Money Advice Centre and Glasgow South West Social Work Services and in 2010 won the Scottish Social Services Accolade for Partnership Working in Adult Social Care. The Prevention of Homelessness Partnership project has prevented over 2,000 people and their families from homelessness since it began in 2005. Successful in both creating a collaborative culture through its multi disciplinary/agency partnership approach and by making prevention paramount for homelessness prevention in Glasgow South West.

We have already proven the impact of cost reduction to the public purse as reported in an independent evaluation of the Prevention of Homelessness Partnership project (2009). By preventing over 2,000 people and their families from eviction, repossession and homelessness the cost savings to the public purse can be calculated in terms of: the estimated economic costs of eviction and of a typical homelessness case being £23,074, (it can be as high as £83,000 for the most complex case); the cost of each case to local authorities and the housing provider is £15,000. (SCSH briefing Tenancy Failure and How Much it Costs & Crisis: How Many How Much). This shows that massive cost savings are achievable.

* Our estimate is based on our previous 84% success rate in preventing homelessness in relation to Glasgow City Council section 11 notification data (providing the number of cases taken to court for eviction and repossession in Glasgow – in 2010/11 (12 month period) there were 2,485 section 11 notices in Glasgow alone); utilising an average figure for the cost to the taxpayer for providing a range of housing, social work support and health service costs per household in the sum of £23,074 (COSLA Prevention of Homelessness Guidance, 2009).

Bank charges fight still alive: GLC guest comment on MSE

Bank charges reclaiming has largely fallen off the radar after the banks' 2009 Supreme Court victory. But GLC's Mike Dailly thinks the fight is still on. 

In a guest comment piece on MoneySavingExpert.com, Mike argues that last month's High Court defeat of banks on mis-selling payment protection insurance (PPI) may present the catalyst for change that consumers having been waiting for. That case clarified the precise status of the Financial Service Authority's (FSA) rules. 

Consumers may found upon the FSA's new banking rules to argue that overdraft charges are not 'fair' to the individual customer who has to pay them because their price is calculated to cross-subsidise 'free banking' for customers who remain in credit.  They can use them to seek financial redress.  Read Mike's article here.

GLC supports Margo's proposal to cap interest rates in Scotland

Govan Law Centre (GLC) has offered to draft Margo MacDonald's proposed Interest Rate Cap Bill if she is re-elected. Ms MacDonald is reportedly delighted with GLC's support for her proposal to use Scots criminal law to set a cap on interest rates to protect low paid workers and vulnerable consumers in Scotland.

The proposal is in response to the growing prevalence of loans and credit at excessive rates of interest - often several hundred to several thousand percent - all at time when the banks' base interest rate is historically very low: currently 0.5%. The UK removed interest rate caps in 1974, however, consumer interest rates caps are common in Europe and many US states. Excessive interests rate are lawful in the UK.

GLC's Principal Solicitor, Mike Dailly said: "Two and half thousands year ago the Romans capped interest rates at 8.3%, rising to 12% some 355 years later. Usury laws have a long history around the world for good reason: it is unjust and immmoral to exploit people and trap them in a cycle of debt due to excessive interest".

"This is a highly complex area of law and practice - not least because unfair lending can occur with hidden charges and extras, as well as APR rates - but I believe GLC has the trackrecord and expertise in this field to support Margo MacDonald, and work with other civic groups in Scotland, to make this fantastic proposal a reality".

Royal Assent for Property Factors (Scotland) Act 2011

The Property Factors (Scotland) Act 2011 has received Royal Assent this month, marking the end of a four year campaign initiated and led by Govan Law Centre (GLC), and the start of a better deal for Scotland's homeowners.

The genesis of the Bill was grassroots. At GLC's fortnightly casework meetings our solicitors would repeatedly flag up the growing number of instances of homeowner exploitation by property factors. GLC's local Board of Trustees were equally troubled with the ability of Glasgow's citizens to be ripped-off with impunity. It was apparent something had to be done to redress the imbalance between the rights of unregulated companies and the rights of Scottish homeowners, many of whom were financially or otherwise vulnerable.

A Bill proposal and consultation paper drafted by GLC was first introduced in the Scottish Parliament by the then Govan MSP Gordon Jackson QC in March 2007, but had insufficient time to progress. The reins were quickly picked up by Maryhill MSP Patricia Ferguson and in October 2007 a fresh proposal and consultation paper was published by the Scottish Parliament. High profile support came from a series of BBC tv and radio investigations and a campaign for law reform sponsored by Glasgow's Evening Times newspaper.

Constant publicity led to the OFT launching a market investigation into Scotland's property factor industry, which had the effect of kicking Patricia Ferguson's Bill proposal into the long grass. Despite the OFT recommending the Scottish Government's favoured solution of 'voluntary accreditation', Patrica Ferguson and GLC ploughed on, gathering support and finally making a winning case for major law reform to protect Scottish homeowners.

GLC's Mike Dailly and draftperson of the Bill said: "We're very proud of the Property Factors (Scotland) Act 2011 because its a victory for common sense, and will help prevent homeowners in Scotland being exploited, while providing a new accessible tribunal remedy with 'legal teeth' if they do get stung.  It's also an example and case in point of the importance of local community law centres. Law centres are being threatened in England and Wales, but we need more of them in the UK, not less".

"Without Patricia Ferguson's tireless dedication and hardwork the Bill would not have seen the light of day. We would acknowledge the tremendous support from Patricia's researcher Chris Kelly, the Parliament's excellent Legislation Team, the Local Government Committee and various civil servants at the Scottish Government who all helped to make this progressive piece of legislation possible".

GLC warns UK consumers 'don't get ripped off when seeking PPI refunds'

The High Court in London has rejected the Brittish Bankers Association (BBA) judicial review which challenged the UK's financial regulator's power (Financial Services Authority, FSA) to require banks to review all of its Payment Protection Insurance (PPI) complaints (most of which the banks had rejected).

The challenge related to rules introduced by the FSA in August last year and whether breaches of FSA 'Principles' (high level general rules) can be a basis of redress for a customer who complains. The banks had unilaterally decided to place all complaints on hold pending their judicial review; the FSA had not issued a waiver to permit them to do this.

Campaigners have estimated that the High Court's decision could lead to three million customers receiving £4.5bn in refunds, consisting of premiums and interest. However, banks said they would continue to put claims on hold until they have decided whether to appeal against the decision, despite a call from the FSA to reconsider complaints immediately.

Govan Law Centre's Principal Solicitor, Mike Dailly, today warned consumers not to be ripped off by dodgy Claims Management Companies who promise to get you thousands of pounds back for an upfront fee of around £500 hundreds pounds or more.

Mike said: "Many people will be eligible for a refund but not everyone. You can check your eligiblity online using Money Saving Expert's free guide, which also has free style letters on how to complain and obtain a refund.  The key point is that you do not need to pay a Claims Management Company or anyone else to get a refund. You can do this yourself by writing a letter. There is no need to go to court. So if you've been ripped off with a useless PPI policy don't get ripped off again when it comes to seeking a refund".

PPI covers payments for loans and credit cards if the policyholder falls ill or loses their job, but the policies are riddled with loopholes, such as exempting claims from the self-employed or those with back injuries, the major cause of workplace illness in the UK.

Application to the European Court of Human Rights for Margaret Jaconelli

Govan Law Centre (GLC) today submitted an application to the European Court of Human Rights (ECrtHR) in Strasbourg for Mrs Margaret Jaconelli. 

The application seeks just satisfaction, an order to require the Scottish Government to ensure that Scots law on CPOs of dwelling-house (and eviction thereafter) is compliant with the European Convention of Human Rights, and a quashing of the CPO made against Mrs Jaconelli's home. 

GLC's Principal Solicitor's Mike Dailly, was required to enter through a small window of Mrs Jaconelli's barricaded home, in order to discuss her application to the ECrtHR, take her instructions and complete the necessary legal paperwork in order to lodge an application to the European Court.

The application to the ECrtHR argues that: the applicant, Mrs Jaconelli, was unlawfully deprived of her possessions as she did not obtain a fair trial as required by Article 6 of the ECHR in relation to the making of the Compulsory Purchase Order which deprived her of ownership of her property. Accordingly, Article 1 of the First Protocol and Article 6 have been violated.

The applicant had no equality of arms, she being unrepresented and there being no legal aid available. The applicant was unable to present a fair defence in proceedings which were highly technical. She did not receive a fair hearing in terms of Article 6. Reference is made to the cases of Steel and Morris v. UK (Application 68416/01); Ashingdane v. UK (Application 8225/78); Golder v. UK (Series A No.18 of 1975); and Airey v. Ireland (Application 6289/73).

The applicant’s right under Article 8 of the ECHR to respect for her private and family life and her home has been violated. The applicant relied on the decision of the UK Supreme Court in Manchester City Council v Pinnock, 2010 3 WLR 1441 for authority for the proposition that she was entitled to found upon Article 8 as a defence to the eviction action against her.

The case of Pinnock was authority (at paragraph 53) for the proposition that in response to an Article 8 defence the Council had to ‘plead’ and ‘adduce evidence’ to justify its interference. No examination of the disputed facts was permitted to take place by the court; reference is made to Connors v. UK (2004) 40 EHRR 189 at paragraphs 81-83 and 92; McCann v. UK 40 EHRR 189; Zehentner v. Austria (Application 2008/02) and Paulic v. Croatia (Application 3572/06).

Under reference to paragraph 92 of the European Court of Human Rights decision in Connors v. UK the applicant in the present case contends that the Scottish court procedure was insufficient to satisfy the requirements of Article 8 because Glasgow City Council was not required to establish any substantive justification for evicting the applicant. There was no opportunity for an examination of the facts in dispute between the parties and the applicant’s Article 8 rights have therefore been violated.

Human Rights in Divided Britain

The erosion of civil liberties, and the need to use the law more creatively and effectively to tackle social injustice and the forthcoming 'austerity agenda', were just some of the topics discussed during a barnstorming debate last night at the University of Cumbria, marking the 20th anniversary of the successful and forward-looking Cumbria Law Centre.

The public debate posed the question of whether the 1998 Human Rights Act was essential or a distraction in the struggle for social justice in Britain.  Former chair of the UK Law Centres Federation, and director of Kent University Law Clinic - the UK's oldest university law clinic - Professor John Fitzpatrick gave an inspirational speech on the erosion of civil liberty and freedom in the UK.

Professor Fitzpatrick highlighted the UCL Student Human Rights Programme's report, 'The Abolition of Freedom Act' (opens as PDF) which surveys the 25 Acts and 50 measures in recent years which have eroded our freedom, liberty and rights as citizens of the UK.  After considering the incredible struggle and loss suffered to secure our freedoms and liberty, Professor Fitzpatrick contrasted the heady days of 1966, with landmark cases such as Miranda v. Arizona and closer to home, Rice v. Connolly. In the pursuit of being protected by the State, had we ceded our freedom? If so, why had we allowed this to happen?

GLC's Mike Dailly suggested that there had never been a more important time in the post-war period to have a human rights framework incorporated into our domestic law. He argued that the role of law centres in the UK had never been more needed, as it would fall to solicitors and advisors to challenge the worst injustices thrown up by the Coalition Government’s austerity agenda. The Human Rights Act represented a vital tool in the tough struggle for social justice.  Mike argued that we needed more law centres in the UK, not less. Citizens needed a greater understanding, and empowerment, as regards their rights, with access to real remedies, and appropriate advice and representation.  Mike's speech is available online here.

Why we believe 'There is a Better Way ...'

Here, our Principal Solicitor explains why we support the 'Better Way' campaign, led by the Scottish Trades Union Congress (STUC). The STUC's position is that there is an economic crisis in the UK – a crisis of high unemployment and stagnant growth; and not, as the UK Government insists, a crisis of the public finances. The Better Way campaign provides an alternative economic strategy to unprecedented cuts to welfare and public sector funding in Scotland and the UK.
 

Legal Personality of the Year award for GLC's Principal Solicitor & Ian Smart

GLC's Principal Solicitor has been honoured at the 2010 Law Awards of Scotland. The prestegious Legal Personality of the Year award went jointly to GLC's Mike Dailly, and past President of the Law Society of Scotland, Ian Smart. Last night, awards host Richard Draycott explained the thinking behind the decision of the Judges as follows:

"Surely nobody would argue with the proposition that we have had an unprecedented 12 months in the history of the Scottish legal profession. It has been a year of argument for the hearts and minds - a battle for the very soul - of the Scottish solicitors’ profession. The Law Award judges were unanimous that it would be disingenuous – perverse even - to look beyond the furore over ABS to find the Legal Personality of the Year".

"The publication of the Legal Services (Scotland) Bill in late 2009 reignited a debate that had been dormant since the Law Society’s 2008 AGM. What followed was months of passionate argument – evidence to the Justice Committee, blogs, press releases, newspaper reports, journal articles, road-shows – the whole interspersed with what to many outsiders seemed a baffling succession of Law Society general meetings, alleged general meetings and referenda, with outcomes no more comprehensible than the proceedings themselves. Solicitors truly living up to their reputation for obfuscation".

 "The battle lines were drawn between: on the one hand, those urging regulatory change and ABS as commercial and practical necessities for Scottish solicitors to remain competitive and seize the opportunities of globalisation and technology, and on the other, those urging caution and the maintenance of the traditional model of independence as both more in keeping with Scottish legal values and a better competitive bet in the long-term".

"Both sides had one thing in common: both saw themselves as the true defenders of the values, traditions and ambitions of Scottish solicitors. Both sides also had in common some of the most articulate, and entertainingly trenchant, debaters in the profession today. Two personalities from opposite sides of the argument stand out amidst the swirling smoke and gun fire of the battlefield".

"Both have in common tenacity and stamina. Both can be argumentative and combative. Both have a tendency to hyperbole. Both have the common touch. Both have a sense of humour. Both have engaged us. Both have entertained us. Both share the distinction of debating the future of the Scottish legal profession from the same sofa on national television".

"One found himself cast as what he would see as the improbable advocate of the establishment position and master of political spin. One found himself cast as the rebel outsider, master of the campaigning blog. One is Ian Smart, past President of the Law Society of Scotland. The other is Mike Dailly, Principal Solicitor of Govan Law Centre.  The Judges are unanimous in awarding the Legal Personality of the Year award jointly to Ian Smart and Mike Dailly".

Law Society election statement from GLC's Principal Solicitor

Elections to the Council of the Law Society of Scotland will take place on 12 May 2010 for solicitors within the Sheriffdom of Glasgow and Strathkelvin.

GLC's Mike Dailly is standing on a 'Justice for Scotland' platform, together with Frank Maguire of Thompsons, Walter Semple solicitor, and John McGovern, President of the Glasgow Bar Association (GBA). Below is Mike's personal statement (limited to 50 words) which will be circulated with the forthcoming ballot papers:

"We must reform our Law Society. Glasgow solicitors need proper representation. Better pay for criminal and civil legal aid so our citizens can access justice. Less bureaucracy and practitioner costs. No external ownership of Scottish law firms. I will work with GBA and Justice for Scotland colleagues to deliver change".

In order to improve access to justice we need to reform the Law Society of Scotland; to better serve the people of Scotland, and their solicitors. If you are a solicitor in Glasgow and are able to offer any help or support - or have any questions or issues you would like to raise - please feel free to get in touch with Mike at m(AT)govanlc.com

Rebel Lawyer: Herald business profile

Simon Bain's profile of GLC's Principal Solicitor in The Herald's Saturday Business Section: 'Mike Dailly is not your typical successful lawyer. He speaks his mind, exudes enthusiasm, earns a very modest salary, and annoys bankers, bureaucrats and politicians'. The full article from The Herald is online here.