Assisted dying plan for Scotland branded 'dangerous' by Labour MSP
A Labour MSP has criticised plans for Holyrood to legalise assisted dying as “dangerous” for disabled people. Pam Duncan-Glancy, who is a permanent wheelchair user, said it would be better to enshrine a “right to live” rather than a “right to die”. Liberal Democrat MP Liam McArthur is putting forward proposals for a Members Bill at Holyrood which, if passed, would permit assisted dying for adults who are both terminally ill and mentally competent. Almost nine out 10 Scots (87%) are said to support the introduction of such legislation, McArthur said, though a previous bid to change the law at Holyrood was voted down by 82 votes to 36 in 2015. “I am deeply worried about this. Disabled people do not yet enjoy our right to live equally. I’d far rather we had a right to live enshrined in law, long before we have a right to die. Until all things are equal, this is dangerous for disabled people", said Ms Duncan-Glancy. She added: “We need to make sure living is better for disabled people than death. That means properly funded care, accessible housing, equal access to health care & jobs and so on. My fear is that, bluntly, all of that costs more and the Government haven’t committed nearly enough money to it.”
Daily Record  

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Remote hearings to continue under COVID extension bill
Remote civil and criminal court hearings are among the emergency coronavirus measures to be kept in force for a further period under a new bill introduced to the Scottish Parliament. The Coronavirus (Extension and Expiry) (Scotland) Bill, containing a six-month extension of selected emergency measures passed under the Coronavirus (Scotland) Acts of 2020 will be scrutinised and debated by MSPs over three days, beginning today (June 22nd). Other measures proposed for extension include a six month notice period to protect private and social sector tenants from eviction, instead of the pre-pandemic 28-days; and a minimum debt level of £10,000 that an individual must owe before a creditor can make them bankrupt, compared with £3,000 pre-pandemic. The bill does not introduce any new measures, nor does it cover travel regulations, which are a devolved public health measure, or lockdown measures, which are implemented by Scottish ministers within the UK Coronavirus Act 2020. 
The Journal of the Law Society of Scotland  

New rules could be a game changer for personal injury claims
New court rules which provide for qualified-one way cost shifting (“QOCS” for short) are due to come into force in Scotland on June 30th. The rules will alter the traditional principle in personal injury cases that the loser pays the winner’s legal costs. With QOCS, the pursuer (the claimant) will not be responsible for the defender’s costs, if unsuccessful. Instead, the defender will have to pay their own legal costs. Gavin Deeprose, a lawyer in DLA Piper’s Litigation and Regulatory practice, says the changes "are likely to increase the commoditisation of litigation services and contribute to the development of the litigation funding market where disputes are treated as an investment vehicle. These advances may themselves pose risks and entail conflicts of interest".
The Scotsman  

Jenrick defends planning reforms
Writing in the Telegraph, Housing Secretary Robert Jenrick has defended the UK Government's planning reforms, saying ministers have "a duty" to young people and families to build more homes. He says the current planning system "excludes local people. It is cumbersome, complicated, and hugely difficult for ordinary people to navigate". The forthcoming Planning Bill is expected to force local authorities to adopt new housing targets as part of the Government's commitment to build 300,000 new homes a year. To encourage this ambition, the Telegraph understands that one solution is to offer cash incentives to communities to accept large-scale development. Another is a "use or lose it" plan to take away planning permissions from developers that hold on to land in the hope its value increases.
The Daily Telegraph  

New Lord Advocate should not be involved in Rangers prosecution cases
A Scottish Conservative MP has said that the new Lord Advocate should not be involved in the ongoing legal challenges or future criminal action brought against the Crown Office around the "malicious prosecution" of Rangers FC administrators. The call comes as Dorothy Bain QC, announced as the replacement as Lord Advocate for the departing James Wolffe QC last week, was highly critical of Crown Office lawyers involved in the prosecution of David Whitehouse and Paul Clark. Taxpayers have paid a £24m compensation bill for the pair after the Crown Office settled a legal claim brought against it last year. In an affidavit, Ms Bain claimed three lawyers working on behalf of the Crown, advocate depute Jim Keegan QC, Helen Nisbet, deputy head of the serious and organised crime division, and Sally Clark, a senior procurator fiscal, "did not appear to accept the issues of legal privilege". The new law officer advised a lawyer, James Clibbon, who was representing Whitehouse, Clark and their law firm Duff & Phelps, succeeding in blocking the seizure of legally privileged documents from the law firm via an unlawful search warrant.

The Scotsman  

Man jailed for rape and murder of Ayr woman
A man has been jailed for a minimum of 18 years for the rape and murder of a mother in her own home. David Hose attacked Kirsty Robertson at the property in Ayr in the early hours of October 20th 2019.  Judge Simon Collins QC told Hose: "You assaulted and raped Kirsty Robertson in the living room of her home while she was intoxicated with alcohol. "If that was not appalling enough, her children have suffered the loss of their mother". The court heard how he attacked Ms Robertson after spending the night drinking with her and a female friend. Prosecutors said he took advantage of the mum, who was described as "intoxicated, unconscious and incapable of giving consent".
BBC News  

Euan Murray returns to Shepherd & Wedderburn as partner
Shepherd & Wedderburn has appointed Euan Murray as a partner in its Construction & Infrastructure team.  Mr Murray, who was previously a director at Shepherd & Wedderburn, has rejoined the firm after working for a year with SP Energy Networks. Dual qualified in Scotland and England & Wales, he has advised a wide range of public and private sector clients on major construction and infrastructure projects throughout the UK.
The Journal of the Law Society of Scotland  

Alcohol-related callouts cost Scottish Ambulance Service more than £30m
Researchers from the Universities of Glasgow, Stirling and Sheffield, have found that in 2019 the Scottish Ambulance Service (SAS) went on 86,780 alcohol-related callouts, an average of more than 230 every day, costing it around £31.5m. In the research, which was led by Francesco Manca and Professor Jim Lewsey at the University of Glasgow, and published in the International Journal of Environmental Research and Public Health, experts used data from SAS to build a highly accurate algorithm that searched paramedic notes in patient records for references to alcohol. The research  was part of a wider study, led by the University of Stirling’s Prof Niamh Fitzgerald, which measures the impact of minimum unit pricing of alcohol on drink-related ambulance callouts in Scotland.
The Independent  

 

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Nicola Sturgeon defends Manchester travel ban
Nicola Sturgeon has defended the ban on non-essential travel with Manchester and Salford after an angry reaction from the area's mayor. Greater Manchester mayor Andy Burnham accused the Scottish government of "hypocrisy" over the move; however, the First Minister explained the decision was a public health measure, based on COVID levels in the area. "I have always got on well with Andy Burnham. If he wants a grown-up conversation he only has to pick up the phone", she said. "But if, as I suspect might be the case, this is more about getting a spat with me as part of a some positioning in a Labour leadership contest of the future, then I am not interested". Ms Sturgeon added the restrictions would not be enforced differently to previous travel rules, and would be in place "no longer than is absolutely necessary".
BBC News  

Audit of Union Terrace Gardens granite to take place
A full audit of granite and other items from Aberdeen's Union Terrace Gardens will be carried out after steps were found in a private garden. The gardens, which originally opened in 1879, have been undergoing a £28m redevelopment since 2019. Police are investigating after pictures emerged earlier this month of granite from UTG piled in a residential garden. The steps ended up in the garden of Aberdeen businessman Mike Wilson, who said he did not ask for the granite to be delivered to his property and that he was not paid to store it. The report on the audit will go before the council's audit, risk and scrutiny committee.
BBC News  

Wild camping legal rights in Scotland
In a piece for The Herald Stephanie Hepburn, a Senior Associate in Shepherd and Wedderburn’s rural disputes team, looks at the public’s right of responsible access afforded by the Land Reform (Scotland) Act 2003. Access rights under the 2003 Act (commonly referred to as the “right to roam”) extend to wild camping but the access must be responsible – wild campers must leave no trace of their occupation. The Scottish Outdoor Access Code defines wild camping as “lightweight, done in small numbers and only for two or three nights in any one place” and provides comprehensive guidance as to what responsible access means in practice, although the Code is guidance rather than a definite statement of the law. 
The Herald