SCTS publishes criminal business figures for May
Criminal business in the Scottish courts progressed around or below average monthly pre-COVID levels during May. The Scottish Courts & Tribunals Service (SCTS) said that last month, which saw various public holidays, three High Court evidence led trials commenced, which is 102% of the average pre-COVID level and up from 53 in April; 58 High Court cases were concluded, 86% of the average pre-COVID level, up from 53 in April; and 82 sheriff solemn evidence led trials commenced, 87% of the average pre-COVID level, down from 84 in April and 100 in March. The SCTS also said that 442 sheriff solemn cases were concluded, 103% of the average pre-COVID level and down from 463 in April; and that 433 sheriff summary evidence led trials commenced, which is 75% of the average pre-COVID levels and up from 61% in April. "Jury trials in the High Court and sheriff courts continue to operate at pre-COVID capacity following the successful introduction of remote jury centres", said David Fraser, executive director, Court Operations at the SCTS. "The excellent collaboration across the judiciary, justice organisations, the legal profession and the third sector has helped get court business back on track and this remains crucial in planning for the recovery programme commencing in September".
The Journal of the Law Society of Scotland  

Report published on Future of Civil Courts conference
A report has been published on the virtual Civil Justice Conference held on May 10th to discuss how civil court business might be conducted once the current pandemic is over. Organised by the Judicial Institute for Scotland and attended by 240 people from the media, judiciary, legal profession, and public, the conference saw senior legal figures present papers dealing principally with experience of remote hearings since the onset of the pandemic, their advantages and disadvantages, and the extent to which these should continue in the longer term. These papers, along with the results of three surveys conducted by the Judicial Institute, the Faculty of Advocates and the Law Society of Scotland seeking responses from the judiciary and the professions, have also been published.
The Journal of the Law Society of Scotland  

New Lord Advocate vows to act 'independently' as top Scots law officer
Scotland's new Law Advocate has pledged to act “independently” after being sworn in as a law officer. Dorothy Bain QC, who was approved as Lord Advocate by MSPs last week, said she would treat people with “integrity, professionalism, and respect”. She was sworn in, along with Ruth Charteris QC as Solicitor General, during a ceremony at the Court of Session in Edinburgh before a bench of three judges chaired by the Lord President, Lord Carloway. "It is a great honour to be Scotland’s Lord Advocate and I am privileged to be head of the systems for the prosecution of crime and investigation of deaths in Scotland. These are duties I, and those who work on my behalf, will discharge independently of any other person", she said. "I am delighted to be joined as a Law Officer by Ruth Charteris QC. I am fortunate to have such a talented lawyer serving as Solicitor General for Scotland. Interest in the roles and work of the Law Officers has never been higher and the First Minister has committed to a review of the functions of Lord Advocate. I will give that review all appropriate assistance".
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SCCRC appoints new members
The Scottish Criminal Cases Review Commission has added solicitor Gillian Mawdsley and advocate Jacqueline Fordyce as members. Ms Mawdsley's experience spans private and public sector coupled with teaching at various universities; she is currently a policy executive at the Law Society of Scotland. Ms Fordyce is a former law clerk to the Lord Justice Clerk, and visiting professional in the Appeals Chamber of the International Criminal Court in The Hague. Both appointments begin on July 1st, and run through to June 30th 2025.
The Journal of the Law Society of Scotland  

Transform your client experience online
Digital communication tools and mobile apps are changing how lawyers work, communicate, win business, and retain business. In 2021, how can your law firm remain relevant to your audience, an audience almost permanently connected online?
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Emma Faulds: Willox jailed for at least 20 years
Former prison officer Ross Willox has been told he must serve a minimum of 20 years for murdering Emma Faulds and concealing her body in a forest. Judge Lord Mulholland told him: "Only you will know what happened in your house that night that led to you killing your friend. Having murdered her you created an elaborate scheme to cover up your crime." He said that Willox placed Ms Fauld's body in a shallow grave and covered it up, and tried to ensure it would decompose more quickly by placing it in a wet area. Lord Mulholland added: "You hoped it would never be found and her devoted family would have to spend the rest of their lives wondering where she was and if she was alive or dead".
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Supreme Court restates professional duty of care scope
Two judgments by a bench of seven Justices of the UK Supreme Court have attempted to clarify the approach to ascertaining the scope of a defendant's duty of care in cases alleging professional negligence. Lord Reed (President), Lord Hodge (Deputy President), Lady Black, Lord Kitchin, Lord Sales, Lord Leggatt and Lord Burrows have given guidance on applying the 1997 decision in South Australia Asset Management Corporation v York Montague Ltd ("SAAMCO"), in the context of professional advice given by accountants in one appeal, and clinical negligence resulting in additional costs in bringing up a child in the other. The court said it was "desirable that the judgments in the two appeals should be read together as reflecting and supporting a coherent underlying approach".
The Journal of the Law Society of Scotland  

Apache Beryl fined £400,000 over offshore gas leak
Oil firm Apache Beryl has been fined £400,000 following a North Sea gas leak seven years ago. It is estimated more than 1,000kg (2,200lbs) of flammable gas was released during the incident on the Beryl Alpha off Shetland in June 2014. The company admitted breaching safety regulations at Aberdeen Sheriff Court during the depressurisation of a well. The fine was reduced from £600,000 due to the guilty plea.
BBC News  

Extend eviction ban, say Scottish Labour
Scottish Labour has urged the Scottish Government to extend the eviction ban - with deputy leader Jackie Baillie saying no one should be "staring down the barrel of homelessness" during the COVID-19 pandemic. The eviction ban currently only applies to areas with levels three and four restrictions in place, with the entire country now in level two or below. Ms Baillie said the public health crisis of the pandemic "has led to an economic crisis. Many Scots are struggling to make ends meet and thousands of renters are in arrears – we cannot let them down." She also called for the creation of a Tenant's Hardship Grant - saying the existing Tenant's Hardship Loan fund "is not working – it’s paid out less than 5% of the funds made available and has rejected more than double the number of applications than it has approved."
The Daily Record  

Murgitroyd announces key moves
Glasgow-based Murgitroyd has bolstered its leadership team with two key appointments. Helen Archibald has been drafted in from law firm Thorntons as chief operating officer, while Joanne Lecky, who has been with Murgitroyd since 2002, has been appointed managing director of the company's trademark group. 
The Herald  

Recorded domestic abuse incidents reach 20-year high
Police incidents of domestic abuse have reached a 20-year high, according to new data from the Scottish Government, with officers attending 63,000 call outs in 2019-2020 - a 4.4% annual increase, and almost double that recorded in 1999-2000. According to the report, 40% of the incidents (25,420) resulted in police recording a crime or offence. Common assault was the most frequent offence recorded, accounting for 34%, followed by breach of the peace which made up 26%. The government report claims that an awareness campaign following the introduction of legislation under the Domestic Abuse (Scotland) Act may have contributed to the increase. Scottish Women’s Aid also said it was struck by the “sheer scale” of the incidents and warned that next year’s data is likely to be even worse due to the pandemic: "We know that lockdown and restrictions on movement offered powerful tools to abusers to control and coerce and reduced victim-survivors’ access to help and support, so next year’s data are likely to be even more concerning".
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Britons could move to four-day week after pandemic
Peter Cheese, chairman of the Government's Flexible Working Taskforce, has said Britain could gradually move to a four-day working week following the pandemic, citing a “generational opportunity” to change traditional working patterns after months of setting up office at home. However, Mr Cheese, who is also head of industry group the Chartered Institute of Personnel and Development, said firms should be left to resolve arrangements with staff, rather than being told how to act by Government.
Daily Mail  

Move to level zero delayed to July 19
The First Minister has confirmed that the move to level zero of lockdown restrictions will be delayed from June 28 to July 19 amid rising COVID-19 rates linked to the Delta variant. Speaking to MSPs at Holyrood, Nicola Sturgeon added that some restrictions on weddings and funerals will be eased on June 28. From July 19, she said, "informal social gatherings of any size will be allowed" outdoors to encourage people to meet outdoors, rather than the current level zero restriction of 15 people from 15 households, while the general indoor physical distancing requirement will be cut from 2m to 1m. Ms Sturgeon added that, pending "a final assessment nearer the time", it should be "possible and proportionate to lift the major remaining legal restrictions" on August 9.
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Covid in Scotland: 8,000 vaccine appointments issued early
About 8,000 appointments for second Covid vaccine doses in Scotland have been issued too early. The Scottish government said it was not yet known how many health boards were affected by the "system error". The Joint Committee on Vaccination and Immunisation (JCVI) recommends an eight-week interval between first and second vaccine doses. Those invited early would be contacted and offered a later slot, Health Secretary Humza Yousaf said. 
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