Lord Carloway opens the Legal Year

Newly appointed King's Counsel at the Opening of the Legal Year

THE past decade had brought significant changes, but the ultimate goal remained the same – to make the courts more efficient, more user-friendly and more in line with modern public expectations, the Lord President said today.

Lord Carloway was speaking at the Opening of the Legal Year held in Parliament House. The occasion, he said, had a particular significance for him as this would be the last such event he would preside over – his resignation comes into effect in February next year.

His first appearance at this annual event as Lord President was in 2016. At the time “we were slowly beginning to digitise the civil courts process with the Sheriff’s Courts leading the way,” he said.

“In the criminal courts we were beginning to move towards a more consistent use of special measures for vulnerable witnesses and children, we were trying to modernise the court estate and were developing plans to build the new Inverness Justice Centre.

“My consistent message to the profession and to all of those who are working within the justice sector – and which I hope will be a lasting one – is that we ought never to be afraid of change. “ 

The legal profession had worked hard to address the challenges it faced, he said, with more trials now being concluded each year than was the case pre-Covid. “I am constantly grateful to you for all the dedication which you have shown to your roles and the efforts to which you have gone to keep the courts and tribunals running smoothly in the face of new challenges and increasing business volumes. Your efforts do not go unnoticed.” 

Lord Carloway welcomed the new King's Counsel appointees: advocates Desmond Cheyne, Marie Clark, Colin Edward, Edith Forrest, William Frain-Bell, Scott McAlpine, Ross McClelland, James McConnell, David Moggach, Craig Murray, David Nicolson, Lili Prais, Gillian Ross, Usman Tariq, and Laura Thomson, as well as solicitor advocates Angela Gray, Kathleen Harpe and Iain Paterson. He also congratulated the new Honorary King’s Counsel appointees: Sheriff Principal Aisha Anwar, Professor James Chalmers, Professor Alan Paterson, Professor Stephen Tierney and Judge Susan Walker. 

“The skills, knowledge, experience and excellence in advocacy demonstrated by each of our appointees this year is impressive. The rank and dignity of King’s Counsel and Honorary King’s Counsel is hard-earned and well-deserved for each of you. I offer you all my sincere congratulations and best wishes for this next chapter in your legal career,” said Lord Carloway. 

In his address the Dean of the Faculty of Advocates, Roddy Dunlop KC, said the past year had been a busy one for the Faculty, which continued to work closely with the Courts to get through the backlog created by Covid.

“We are engaging with Scottish Ministers and other stakeholders in attempts to improve access to justice for survivors of sexual assault. The workload at the Bar is at unprecedented levels, but with the support of the judges and wellbeing innovations, it is one with which we are coping.

“Of greater concern remains legal aid provision for criminal defence solicitors. We must act now, or we will face a situation in which obtaining criminal representation is a luxury as opposed to a basic right,” said Mr Dunlop.

His concern here was echoed by the President of the Law Society of Scotland, Susan Murry, who also spoke at the event. She said underfunding of support for the upholding of legal rights had long been on the Society’s agenda and that she had made the need for action in this area a key priority for her presidency this year.

Complete transcripts and a copy of the livestream recording can be accessed here.