News Archive 2009
21 December 2009: MTM investigates – and gets a result without going to court.
MTM has succeeded in persuading the Crown to discontinue a prosecution for Rape and Serious Assault at Glasgow High Court. MTM, assisted by a leading QC, conducted a detailed analysis of the prosecution evidence over many months. The significant inconsistencies uncovered in the alleged victim's statements, which were sent to the Crown, led to the Crown being persuaded to drop the prosecution.
11 December 2009: MTM client acquitted at Glasgow Sheriff Court of serious Breach of Peace charge
A serious case of Breach of the Peace, which went before Glasgow Sheriff Court, has resulted in an MTM client being acquitted after trial. The acquittal was on the basis of a 'no case to answer' submission from MTM that there was insufficient evidence in law to convict him of the charge.
11 December 2009: MTM client cleared of assault by driving a car at a person
An MTM client has been acquitted at Falkirk Sheriff Court in a trial for an Assault by driving a car at a person. The client was found Not Guilty after trial.
November/December 2009: MTM tutors Edinburgh University students
Neil Hay of MTM has been teaching students at Edinburgh University who are studying Criminal Court Practice within the post-graduate Diploma in Legal Practice course. He has been teaching the students about leading evidence in a trial and delivering a plea in mitigation. The Diploma course is compulsory for law graduates who wish to enter the legal profession.
8 December 2009: MTM keeps itself updated
Being at the forefront of the latest knowledge and practice is critical for any law firm. It is why we set great store by attending professional conferences and forums. Two directors recent attended the annual Criminal Law Conference in Glasgow. Matters under discussion included Human Rights cases, the new Sexual Offences (Scotland) Act 2009 and the Offences (Aggravation by Prejudice) (Scotland) Act 2009, as well as cases involving Extradition of Suspects to Europe and taking evidence from child witnesses.
19 November 2009MTM gives its view in The Firm on the implications of the Salduz case
17 November 2009: MTM wins rape case in the High Court in Glasgow
MTM has successfully defended a client, who was accused of rape, in the High Court in Glasgow. It is another example of a difficult case where professional legal expertise is of paramount importance: rape is one of the most serious crimes that a person can be accused of, with huge implications for a person's reputation and future.
28 October 2009: MTM on Radio Scotland
Martin Morrow of MTM made an appearance on Radio Scotland's morning programme contributing to a discussion about the Crown not prosecuting people in court for minor offences: the police are now issuing on the spot fines or the Procurator Fiscal is issuing fiscal fines instead.
26 October 2009: MTM takes part in latest legal training
MTM sets great store by remaining at the forefront of the latest legal training. The firm, represented by Neil Hay, has just attended a seminar in Glasgow organised by the Society of Solicitor Advocates about Preliminary Hearings in High Court trials.
22 October 2009: MTM comments on landmark legal hearing in Scotland (The Herald)
MTM comments on the implications of a landmark Scottish legal hearing concerning police questioning. The hearing follows an EU ruling (Salduz) about the admissibility of police evidence
9 October 2009: MTM at the forefront in latest legal developments
Lynn MacGillivray and Neil Hay, of MTM Defence Lawyers, attended the annual joint conference of the Law Society of Scotland and the Scottish Legal Aid Board. The conference discussed proposed improvements to the legal procedure in sheriff and jury trials, amendments to the legal aid regulations and changes to the duty lawyer scheme.
1 October, 2009: Law firm bucks the trend (reproduced by kind permission of The Falkirk Herald)
A Falkirk-based defence firm is busier than ever dealing with legal aid cases. MTM Defence Lawyers, whose office is in Cockburn Street, Falkirk, has risen five places in the earnings rankings, according to figures just released by the Scottish Legal Aid Board.
In 2007/08, MTM was ranked 20th but last year moved to 15th. Turnover is also up four per cent, which goes against the trend experienced by many of the other top firms with nearly half showing a drop in Legal Aid turnover. The rankings are based on all Legal Aid - from housing to divorce cases. However, figures for just criminal law fees see MTM move up seven places to fifth in Scotland.
MTM partner, Murray Aitken, said:
"I am pleased that we once again appear in the top flight of Legal Aid firms in Scotland and that the firm has moved further up the table. The progress we have made reflects the confidence that our clients have in us. MTM Defence Lawyers remains by far the biggest practice in Central Scotland. The report shows we remain strongly committed to representing clients who cannot afford to pay their own fees and are in need of legal representation. People's circumstances are always varied, but we try to help everyone and take the same dedicated approach with all clients, whether Legal Aid or fee-paying.”
14 September 2009: MTM attends Advanced Trial Skills course
Martin Morrow and Neil Hay attended a training course in 'Advanced Trial Skills' for senior lawyers. The course, run by the American National Institute of Trial Advocacy and Society of Solicitor Advocates, was held at the offices of the Law Society of Scotland in Edinburgh
31 August 2009: MTM gets result in 'mobile' trial
A client was acquitted at Justice of the Peace Court of the charge of using a mobile telephone whilst driving, despite the evidence of two police eye-witnesses who said he was using it.
24 August 2009: MTM in demand in the USA
MTM director, Martin Morrow has been invited to give a lecture to American law students about Scottish criminal law at New York Law School, USA, in Feb. 2010.
14 August 2009: MTM gets more acquittals – at Sheriff & Jury level
At MTM, we are always focused on getting the right result. Over the past two months we have secured numerous acquittals in Sheriff and Jury trials that have included charges of:
- Breach of the peace
- Assault to severe injury and permanent disfigurement
- Possession of offensive weapons
MTM has also successfully challenged confession evidence used by the prosecution that was obtained at a police interview; this prevented the Procurator Fiscal from using the evidence at the Sheriff and Jury trial.
7 August 2009: From road traffic to assault charges – MTM gets a result
Recent acquittals in the Sheriff Court include cases with the following charges:
- Assault to injury
- Possession with intent to supply
- Breaching special conditions of bail
Recent wins for MTM clients in the Justice of the Peace Court include:
- Successfully persuading the court not to disqualify a client who was already on 12 penalty points
31 July 2009: MTM gets a hat-trick for clients
There is nothing quite like winning a case for a client. Although we do it all the time, we all still get a feeling of great satisfaction. So, you can imagine how thrilled we were when one of our team won three trials in one day at Falkirk Sheriff Court; needless to say, our clients were equally delighted.
Other News from MTM
Is the law about to change to insist on solicitors being present at a police questioning? Neil Hay is interviewed by the BBC about the European Court of Human Rights' recent judgement on lawyers being present at police interviews
Neil Hay is interviewed by several publications and websites on the implications of the European Court of Human Rights' recent judgement on lawyers being present at police interviews, including the Scotsman, the Herald, The Journal of the Law Society of Scotland and PoliceProfessional.com.
Uninsured drivers face prison term. Neil Hay is interviewed by the Falkirk Herald on the risks drivers face if they are involved in fatal accidents while driving without insurance.
Martin Morrow writes for the Herald about the new 'diversion' policy.
MTM in 'Top Flight' for Legal Aid Work
Martin Morrow – prosecution diversion policy article in Journal of Law Society
MTM – Legal Eagles article in the Falkirk Herald.
Neil Hay is quoted in a Falkirk Herald article about domestic violence.