Tickets still available for GLC classical concert

Jacob Shaw, Suyeon Kang, and CharLi have arrived in Edinburgh to begin rehersals for GLC's Classical Concert, which takes place in Glasgow this Friday, 30 July 2010. The concert is to raise funds for our new Schools Trust and tickets are still available.

The concert is in Adelaides Auditorium on the evening of Friday, 30 July 2010, 209 Bath Street, Glasgow, G2 4HZ. Ticket prices are £10 for adults and £5 for children. A draft programme is here. To buy or reserve tickets, or for further information, please contact GLC on 0141 440 2503 or e-mail m @govanlc.com; or fax us on 0141 445 3934. Please note that 100% of the ticket price will go to help school children in Glasgow Govan; everyone involved in this event is kindly donating their time without charge to support our trust fund.

GLC will be setting up a stand-alone charitable trust which will provide funds to help local school children in Glasgow Govan. The new trust will help pay for additional school materials, educational visits and school trips for kids who otherwise couldn't afford to enjoy such opportunities, as well as providing a number of specific educational bursaries to help local Govan kids progress with their studies.

Call for consultation on Law Society of Scotland's governance reform to start again

In response to the Law Society of Scotland's consultation on the reform of its constitution and standing orders (CSO), Govan Law Centre has expressed concern that very few firms or solicitors appeared to have engaged in the consultation process.

GLC has suggested that the consultation process should be commenced afresh as a two-stage process. Firstly, to allow members to identify the 'high level principles' that a 21st century governance structure should aim to achieve; and secondly, to then take those high level principles as a framework, and draft a new CSO from them, and thereafter consult on that draft CSO.   We believe this would be an inclusive and constructive approach to delivering effective governance reform.

Furthermore GLC believes that any consultation on changes to the governance structure of the Law Society of Scotland (‘LSS’) must take place after Stage 3 of the Legal Services (Scotland) Bill; given this Bill has a direct impact on the subject matter of any such consultation.   Our summary consultation response is available online here.

Time for banks and big business to err on the side of good, not greed

GLC has assisted Glasgow MP, Anas Sarwar, in the drafting of his Common Good (Directors Duty) Bill.  The proposed Bill would amend section 172 of the Companies Act 2006 to place a new legal duty on all directors of UK companies with 250 employees or more, to contribute to the common good of the communities or localities where the company operates or provides a service.

Section 172(1) of the 2006 Act requires a director to promote the success of the company and in so doing 'have regard' to a number of other factors.  However, there is no explicit obligation to consider the impact of corporate decisions on wider society, and the proposed Bill would remedy this clear imbalance in UK company law. 

Where the likely consequence of a director's decision would cause significant detriment to consumers, or particular groups of consumers, or the environment, the Bill requires the duty to contribute to the common good to take precedence. ‘Common good’ means contributing to the good of communities or localities where the company operates or provides a service.

Anas Sarwar MP said:
"Unacceptable culture within our banks was a major contributor to the UK's financial crisis. It's right that company law requires directors to promote the success of their companies, but that success shouldn't be at the expense of UK taxpayers, our local communities or environment. The balance in law isn't right, and directors of our largest companies need a stronger incentive to recognise their obligation to wider society. I want to amend the Companies Act to make that happen".

"Where the decision of a big company is likely to cause serious harm to our communities or the environment, the common good must prevail and companies should err on the side of good, not greed. A statutory ethical framework would improve corporate behaviour and help prevent future financial disasters and ecological harm. Leading figures in the financial services industry have acknowledged the need for a cultural change, so there is an appetite for change".

GLC's Mike Dailly said:
"Govan Law Centre is delighted to assist a Glasgow Member of Parliament to introduce a progressive law reform proposal which could have a radical impact on the culture and behaviour of the UK's biggest companies.  Often ecological disasters are a direct consquence of large companies pursuing profit margins at the expense of common sense, and the common good". 

"Within the field of UK banking, it is clear to us that its the bank's business model which causes significant detriment to the most vulnerable group of UK consumers and we believe the time is right for a sea change in the culture of senior directors of major UK financial institutions to address this unacceptable position.  Clearly, Anas Sarwar's proposed Bill will require cross-party support to progress, but we are grateful to him for launching this vitally important debate at Westminster".

ECHR application following Walls v. Santander

An application to the European Court of Human Rights (ECHR) has been made following the decision in Walls v. Santander UK plc, a copy of the 15 page judgment is available here (opens as a PDF).

Part of the pursuer's objection to the bank's application to remit from the small claims court to the ordinary sheriff court centered on article 6(1) of the Human Rights Act 1998, and relevant caselaw from the ECHR.  The court was not persuaded on this head of objection, and section 37(3) of the Sheriff Courts (Scotland) Act 1971 prohibits any review of the sheriff's decision. 

Accordingly, the pursuer now seeks to bring proceedings against the United Kingdom under article 6(1) of the European Convention on Human Rights.  The Scottish Government has responsibility for access to civil justice in Scotland as a devolved matter in terms of the Scotland Act 1998.  It is hoped that the Cabinet Secretary for Justice will reconsider his refusal to look at a law reform solution to prevent a class of persons, such as the pursuer, being limited in their ability to determine their civil rights before the Scottish courts.

Priced out of justice?

The Herald has reported on the GLC case of Walls v. Santander UK plc, where Sheriff Cubie granted the defender's application for a bank charges claim to be remitted from small claims to ordinary cause procedure.

The effect of leaving the small claims system in Scotland, and indeed the UK, is that consumers lose the 'fixed limit' protection against an award of expenses in the event of failure. For example, you can sue for £3,000 and if unsuccessful your opponent would only recover £300 under small claims procedure in Scotland. However, expenses can quickly mount up in the ordinary court and as banks are using counsel to conduct their defences, litigation in the ordinary court will expose consumers to potential levels of expenses many times the value of their claim. 

For those on a low income civil legal aid may be available and GLC is in the process of applying for legal aid in some bank charges litigation which is proceeding under ordinary cause procedure. For those of modest means eligible for legal aid there will be a contribution to pay which may exceed the value of the dispute, making the dispute pointless. While for those ineligible for legal aid it may be equally impossible to proceed.

The Herald has called for greater competition in Scotland's banking sector, and we agree that is much needed in the consumer interest. However, the case of Walls illustrates a major flaw at the heart of Scotland's civil justice system. What's the point in having an accessible simplified tier of civil justice for low level claims if any powerful opponent can come along, up the ante, and 'price' you out of justice?  There is no right to appeal or review a decision to remit under the Sheriff Courts (Scotland) Act 1971.

Access to justice requires citizens to be able to access the courts at a cost proportionate to the value of their monetary claim. The small claims system help fulfils our state's article 6(1) requirement under the European Convention on Human Rights. But there is now a 'class of litigants' who are priced out of justice. GLC believes there is an obvious solution. The small claims fixed limit on expenses should 'travel' with the case.   This would ensure that the costs of resolving the dispute remained proportionate and fair having regard to the monetary value of the dispute.  This could be achieved by a minor statutory amendment.

GLC has made this law reform call in today's The Herald.  Unfortunately, the Cabinet Secretary for Justice in Scotland appears to have rejected our call without understanding the current legal position.  Kenny MacAskill said: "People are still able to raise bank charge cases in the small-claims court – this ruling does nothing to stop that".  Yes, but this ruling makes it crystal clear that all bank charge claims are susceptible to be removed from the small claims court.  This has already happened in other cases; in Walls we tried to stop it, and were unable to do so.  Unless the Scottish Government acts, many citizens in Scotland will be priced out of justice.

We are reminded of the parable from The Trial: “Before the Law stands a doorkeeper. . . . The doorkeeper sees that the man is nearing his end, and in order to reach his failing hearing, he roars to him: ‘No one else could gain admittance here, because this entrance was meant solely for you. I’m going to go and shut it now.’”

Debate on the future of UK human rights law

To celebrate the 20th Anniversary of the Cumbria Law Centre a debate on the future of the UK human rights law will take place at the University of Cumbria, Carlisle, at the law centre's AGM on 14 October 2010. Taking part in the debate will be two guest speakers, Professor John Fitzpatrick and campaigning Scottish solicitor, Mike Dailly.

For the last 21 years Professor John Fitzpatrick has been the Director of the award-winning Kent Law Clinic, based at the University of Kent's Law School, as well as having worked in community law centres in London's Brixton and Hammersmith. Also participating will be Mike Dailly, Principal Solicitor of Govan and Govanhill Law Centres. Mike is also chairperson of the Active Learning Centre, a human rights and pro-democracy charity which works in Africa, the Middle East, India and South East Asia. 

Further details of the event will be available from Cumbria Law Centre in early course.

Young Scottish opera singer to perform at GLC Schools Trust concert

Scottish opera soprano CharLi will perform at GLC's Schools Trust concert in Glasgow on Friday 30 July 2010 at 7.30pm, along with cellist Jacob Shaw, and violinist, Suyeon Kang.  Although only 15 years old, CharLi is already recognised as an exciting new talent in the world of opera. She first appeared with Scottish Opera in Humperdinck’s Hansel & Gretel at just nine years old and during the last five years, she has been totally consumed by opera which now affects every aspect of her life.

CharLi is a serious musician who left school at eleven years old after becoming the youngest person ever to pass a Scottish Higher Music Exam at Grade 'A', whilst still attending primary school. A bespoke education package was then designed with the help of GLC's Education Law Unit to provide CharLi with the opportunity to develop her passion for music and achieve her full potential. She is extremely proud of her Scottish roots and is a prominent vocal ambassador for Scotland and all things good.

Since commencing her studies at the Royal Scottish Academy of Music in 2008, CharLi has made remarkable progress, being able to further explore her musicality whilst developing good solid technique under the careful direction of the wonderful Mezzo Soprano, Kathleen McKellar-Ferguson. 

CharLi is much in demand and performs regularly throughout the UK and Europe. Since 2006 she has performed in Edinburgh, Glasgow, London, Inverness, York and several times in her second home Vienna. In 2010, she will perform in Warsaw, Vienna, Bulgaria, Singapore, Cairo and Alexandria Egypt. She also studies piano with Clare Sutherland at the Royal Scottish Academy of Music and Drama and plays violin for the RSAMD orchestra.  In March 2010 CharLi won a prestigious Scottish prize, when she was awarded the "Glasgow Grand Opera Society Trophy" by Helen Lawson.

A draft programme for the concert is available here (opens as PDF). To buy or reserve tickets, or for further information, please contact GLC on 0141 440 2503 or e-mail m @govanlc.com; or fax us on 0141 445 3934. Please note that 100% of the ticket price will go to help school children in Glasgow Govan; everyone involved in this event is kindly donating their time without charge to support our trust fund.