Peacock Johnston are pleased to announce their nomination, alongside some of Scotland’s largest litigation firms, as finalists in the ‘Litigation Firm of the Year’ category for the Law Awards of Scotland 2011.  Our nomination is a first from the Law Awards of Scotland, and to be selected as finalists for such a prestigious award demonstrates how far we have come in such a short space of time.  The firm is the smallest of the six firms to be nominated, with the winner set to be announced on 8^th September.

Two members of our Medical Law team, Andrew Pollock and Laura Ceresa, have recently acted as Course Leaders and Tutors in Medical Law at Edinburgh University’s Post Graduate Diploma in Legal Practice.

Ken Waddell

One of our partners, Ken Waddell, has recently been elected President of the Glasgow Bar Association, which is considered to be the voice of court practitioners in Glasgow and across the West of Scotland.

Ken has a tough job ahead of him given the recent government budget cuts to Legal Aid solicitors, and we wish him the best of luck.

Trainee Solicitor

Peacock Johnston is set to continue expanding, and we look forward to our second trainee solicitor in as many years. Clare Scott has a particular interest in Medical Law, following a lengthy and varied career in Nursing. She seems to have made a smooth transition from medicine to law, after topping her class in Medical Law at Edinburgh University.

Robert Johnston

Peacock Johnston announced the retirement of the remaining founding Partner of Peacock Johnston, Robert Johnston, on 1st July.

Throughout his career, Robert developed and maintained a reputation as a specialist in commercial and domestic conveyancing, as well as private client work – a gift which was recognised when he was offered his first partnership in 1974.

In 1981, he set up Peacock Johnston with the late Jim Peacock, with the intention of providing high quality, specialist advice at a modest price. It is our commitment to continue their mission long into the future. We wish Robert a long, happy and contented retirement.

However, there appears to be a growing trend of individuals who find themselves unable to contain themselves online, from the Virgin Airlines cabin crew who referred to their passengers as, ‘chavs,’ to a Blackpool Labour Councillor referring to his own constituents as, ‘donkey-botherers.’ It must be stated that, when it comes to discussing work, the rules of the workplace apply equally to the World Wide Web: do not discuss confidential matters with inappropriate persons; and do not verbally abuse your boss. If you have nothing nice to say, it is often best to say nothing at all.

Here, a majority decision in the Supreme Court held that experts were no longer entitled to the same level of immunity as previously thought. Ms Kaney was acting as the instructed medical expert for Mr Jones after he was injured in a road traffic accident. In her capacity as expert, she signed a joint statement with the insurer’s expert which diverged from her original medical opinion, and Mr Jones accordingly felt compelled to settle his case for a reduced award.

Mr Jones subsequently raised an action against Ms Kaney, who admitted that she did not agree with the joint statement, but felt pressured to sign the document. The Supreme Court concluded that an expert witness owed a general duty of care to both the Court and the client. This duty extended to acting with a reasonable level of probity and competence.

Although this decision is not yet to be applied in the Scottish Courts, it is an area to be watched; and, for the avoidance of doubt, expert witnesses should continue to exercise a reasonable duty of care when imparting their opinion, in both the witness box and written statements. Finally, always read a document fully before giving your signature!

The Act, which will apply to any action raised after 7th July 2011, will make major changes to the provision of damages in many wrongful death claims. There will be a simplified method of assessing compensation for loss of financial support suffered by the surviving family. This will now be calculated on the basis of 75% of the deceased’s net income, and will result in a fairer and more generous approach being taken by the Courts in cases involving the death of a family ‘breadwinner’.

Furthermore, the Act recognises the change in family dynamics that has taken place over previous years. Although only direct relatives are entitled to make a claim for the pain and suffering of losing a loved one, this has been extended to include half-blood relatives, such a step-siblings. Also, with regard to loss of support, someone accepted by the deceased as a grandchild will now become entitled to compensation. This is especially relevant given the current economic climate and the need to rely on extended families for childcare.

We are committed to behaving responsibly towards:-

1. All those who work as a member of our team;
2. Both our clients and our suppliers; and
3. The wider community.

1. OUR TEAM

Our core values are to treat every member of our team with dignity and respect, regardless of seniority, status, or experience.  As a firm, we are committed towards realising the potential and the career aspirations of each member of our team, be they qualified or unqualified.

Our practice environment is one of mutual respect and appreciation, where every member of our team is respected for the contribution they make to the firm.  We feel that such an attitude breeds a culture of teamwork and mutual commitment, achieving a superior level of service for our clients.

We are fully appreciative of the need for a work/life balance and, as a result, we are fully committed to the family needs and personal circumstances of our team.  For many years we have operated flexible working systems for working parents.  Needless to say, we are also committed to supporting staff through times of illness and ill health.

2. CLIENTS AND SUPPLIERS

CLIENTS

At Peacock Johnston, we recognise the individual and variable need of each of our clients, from individuals to multi-national corporations.  In providing our services, we constantly strive to consider how we can add value to our client’s position, and aspire towards a superior quality service that sets us apart from other legal firms.

We appreciate that our commercial and business clients are seeking to make a cost-effective and commercial solution that works.  It is our commitment to achieve this, additionally providing assistance in creating a long-term, rather than a short-term, solution.

For our private clients, we always try to make sure that our legal advice is incisive and practical.

SUPPLIERS

We also recognise that our suppliers are in business to make a profit and they expect to be treated fairly.  Accordingly, we aim to pay our suppliers fairly and timeously, with a view to a long lasting and mutually beneficial business relationship.

As part of our dedication towards quality and excellence, we seek to provide comprehensive instructions to experts and Counsel.  Our reputation in providing instructions allows us to call upon prominent external service providers, for the benefit of our clients.

3. COMMUNITY

We recognise the importance of our involvement in both the legal, and wider, community; and have always sought to, “give something back.”  In terms of the legal community, our team recognises the importance of its lawyers serving on organisations and committees, as well as committing to education and development, for the benefit of the legal profession as a whole.  This commitment extends to encouraging new blood into the legal profession in the form of placements for aspiring students and traineeships for graduates.

We also recognise our commitment to the wider community as a whole.  We are fully committed to providing Legal Aid to all our eligible clients and, in the appropriate circumstances, we can provide free legal advice on a pro bono basis.  Our team also frequently gives their time, help, and support to organisations within our community.

Summary

Our vision is to build a business which: encourages each individual to fulfil their potential; provides our clients with incisive and practical legal advice; and recognises our commitment to, and involvement in, the wider community as a whole.

Qualified:  1987        Partner:  1993

Andrew graduated from the University of Dundee with his LLB in 1984 – followed by his Diploma in Legal Practice in 1985 – before completing his traineeship with an established Glasgow law firm specialising in civil litigation.

His career with Peacock Johnston started in 1987 when he joined our team as a court assistant, training and practicing in a wide variety of civil and criminal law under the firm’s late founding partner, Jim Peacock.  In 1993, Andrew was assumed into the partnership of the firm, and established his own expertise in clinical negligence, personal injury and commercial litigation, which now form the bulk of his caseload.

Andrew is a highly respected member of the legal profession and lists the following as some of his achievements in the legal profession:

• A Law Society of Scotland Accredited Specialist in Personal Injury Law;
• A Law Society of Scotland Accredited Specialist in Pursuer’s Clinical Negligence;
• Acting as a Reporter for the Scottish Legal Aid Board since 1997;
• A member of the Law Society of Scotland Medical Negligence Law Specialisation Panel;
• A Panel solicitor for Action against Medical Accidents, AVMA;
• A Senior Litigator with the Association of Personal Injury Lawyers (APIL);
• Previously a member of the Greater Glasgow Local Medical Research Ethics Committee;
• Lead Course Leader and tutor in Medical Law at Edinburgh University’s Postgraduate Diploma in Legal Practice;

and

• Member of the No-Fault Compensation Review Group chaired by Professor Sheila McLean.

Furthermore, Andrew has been highly commended over recent years by his peers in the two main independently compiled guides to the legal profession, The Legal 500 and the Chambers Legal Guide.  He has variously been described as, ‘the best for medical negligence in Glasgow,’ and ‘building a formidable reputation,’ and as ‘a tenacious practitioner who gets good results for clients.’  He also gives regular lectures to both the medical and legal profession on personal injury and medical negligence.

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Qualified:  1997        Partner:  2004

Graduating from Strathclyde University with his LLB in 1993, and his Diploma in Legal Practice in 1994, Ken served his legal traineeship in a specialist Glasgow court firm. His traineeship included training under the authoritative, late, William J. Stewart.  Once qualified, he joined our team at Peacock Johnston as a general civil litigator and criminal solicitor.

Since joining us in 1997, Ken has become a specialist in all aspects of family, employment and criminal law, with an interest in commercial and building disputes, licensing appeals and general litigation.  Over the years he has built up a solid reputation and, since being assumed as a partner in 2004, he has acted as the partner responsible for Legal Aid issues, data protection, money laundering and client relations.

The regard in which Ken is held by his peers in the legal profession is underlined by him having just completed a year in office serving as President, and now remaining on the Executive Committee as immediate Past-President of the Glasgow Bar Association. The Glasgow Bar Association, as the largest independent Bar Association in Scotland, is often considered to be the voice of court practitioners in Glasgow and throughout the West of Scotland.  Ken has also served, for a number of years, as a tutor for the GBA Professional Competence Course.  He is also a member of the Family Law Association.

Qualified: 1982        Associate: 2009

Graduating with her LLB in 1980, following an MA in French and Italian, Laura served her apprenticeship and qualified as a solicitor in 1982 in a small, but highly regarded, court specialist Glasgow law firm.  She is an experienced court lawyer, having dealt with both civil and criminal law.

Laura’s career has been wonderfully diverse, including acting as a sole criminal practitioner for a number of law firms, and working as a general court lawyer, before becoming a Director in a Dental Referral Clinic for 10 years.  She has also found time to study and graduate with an Masters Degree in Medical Law and Ethics from the University of Glasgow.

With all this experience to hand, Laura returned to the legal profession in 2007, joining our team at Peacock Johnston, and now specialises in medical and dental negligence, and personal injury law.  She is now both a valued member of our team, and of the medico-legal profession, being a member of the Association of Personal Injury Lawyers; a panel solicitor for Action against Medical Accidents (AVMA). She also lectures to members of the legal and medical profession in medico-legal matters.  She is also involved in tutoring in Medical Law at Edinburgh University’s Postgraduate Diploma in Legal Practice.