Legal Matters Scotland
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18th January 2022

A free early morning round up of news for legal professionals across Scotland.
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INDUSTRY
Criminals refuse to give up £11m in dirty money
Criminals targeted under 'dirty money' laws have held on to £11m. Money launderers, drug dealers and fraudsters still owe huge sums years after courts imposed confiscation orders on them. Scottish Courts and Tribunals Service (SCTS) figures released under Freedom of Information laws show there is £11,012,703 outstanding in confiscation orders imposed under the Proceeds of Crime Act. More than £4.6m is owed by ten people. Money recovered from criminal enterprises is invested in community projects across the country. As of last month, the largest amount outstanding was from a £1m confiscation order imposed on Edinburgh brothel boss Margaret Paterson in May 2015. Paterson, dubbed 'Madam Moneybags', died aged 66 in September 2019 having paid only £219,559. Prosecutors are trying to recover the money from her estate.


Made in Scotland – Engineering Legal Technology for the better
Over the last 30 years, a team of Scottish software developers, legal case management specialists, legal accountants, cashiers, and legal technology experts at Denovo Business Intelligence have been engineering and innovating software for the legal profession creating a software platform that does four simple jobs; 1. Is customisable to all Scottish work types, 2. Is 100% accounts compliant, 3. Is developed in Scotland for Scottish law firms, 4.Makes lawyers lives a hell of a lot easier. That’s their passion and what they have created is helping make a difference in the Scottish legal community.
Read more.

 
EMPLOYMENT
WJM reveals flurry of enquiries regarding sick pay policies
Liam Entwistle, employment law specialist and chairman at Wright, Johnston & Mackenzie, says the firm has received a number of enquiries from employers looking for something similar to Ikea's amended sick pay policy for unvaccinated members of staff. The retailer recently introduced a policy which means employees who have chosen not to be vaccinated against COVID-19 will receive basic Statutory Sick Pay if isolating, rather than enhanced company sick pay. Mr Entwistle said while Ikea's position has attracted controversy, it is legal as long as any other unlawful discrimination is avoided. He added: “We have received numerous enquiries around the legalities of implementing this kind of measure, how to implement it, and also questions around related employment issues such as the legalities of mandatory testing". Employers have also queried rules around wages of staff who are isolating because they are a close contact of someone who has tested positive.   Entwistle continued: “The Scottish Government stated no one should be penalised for following health guidance but paying company sick pay to everyone who is isolating can put a huge stress on employer’s resources - some are finding themselves in a position where a huge per cent of their workforce is isolating. It is easy to see why employers have so many questions given the rapidly changing rules around isolation periods and close contacts".
Flexi-work court cases increase by over 50%
Research from GQ Littler has found that an increasing number of employees are taking their employer to court over flexible working requests being refused. Employment tribunal decisions related to flexible working have risen by more than 50% in the past year, hitting 193. Figures show 127 tribunal decisions related to the mixture of remote and office-based working were recorded in 2019/2020. GQ Littler partner Sophie Vanhegan said: “The rise in cases relating to flexible working, suggests this is becoming a battleground within some businesses.” She suggested that employees may begin to “vote with their feet” should employers use “heavy-handed” approaches to flexible working.

 
PROPERTY
60k women in the UK are targeted by sex-for-rent landlords
Almost 60,000 women are still being propositioned by predatory landlords offering accommodation in exchange for sexual favours, a new study has found. Despite recent law changes, sleazy men still use online adverts to entice vulnerable female tenants into sharing a bed or other “jobs”. Research by Shelter found that 59,000 women were targeted by current or prospective landlords between March 2020 and last September. Experts warned the problem is likely to get worse amid spiralling rents and the cost of living crisis. “It's sickening there are landlords who think they get can get away with sexually exploiting female tenants in need of a home,” said Polly Neate, chief executive of the housing charity Shelter. Websites face fines of up to £50,000 for hosting “sex for rent” advertisements but they are still freely available online, according to a Mail report.
FIRMS
Munro and Noble focusing on Caithness and Sutherland as part of growth strategy
Inverness-based Munro and Noble is working on plans to invest in Caithness and Sutherland. Senior partner Mary Nimmo said: “We’ve stretched our wings from being an Inverness-only firm, opening offices in Dingwall and Aviemore. Our drop-in clinic Thurso had to close down due to pandemic restrictions, but we’ve evolved a strong client base in Caithness and Sutherland. It’s now a key part of our forward strategy to invest more heavily in a presence in both counties".


 
CASES
JK Rowling tweet by transgender activists 'not criminal'
No action will be taken against against transgender activists who targeted author JK Rowling, police have said. The Harry Potter author complained to police after campaigners posted a photo of her Edinburgh home on Twitter, "carefully positioning themselves to ensure" the address was visible. The campaigners deleted the photo the day after it was posted. Police Scotland have confirmed that no criminality was established. Ms Rowling sparked controversy in June 2020 for posting tweets which took issue with the phrase "people who menstruate" - she objected to the avoidance of the use of the word "women".
TAX
170k face child benefit tax inquiry
HMRC is to examine the financial records of 170,000 families who it believes wrongly claimed child benefit, with MPs passing a law granting the taxman power to recoup money given to people who were not eligible. The Times’ David Byers suggests that many may not know they had over-claimed due to the system being complicated, while also noting that the powers being utilised are normally reserved for investigating “the most grievous tax offences”. The full benefit is reduced for households where one earner makes more than £50,000, with households with an earner on £60,000 getting nothing. The benefit keeps getting paid regardless of the taxpayer's income unless they notify HMRC in a tax return and then repay it.


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SOCIAL
Children’s group warns additional support needs students being 'failed'
The Scottish Children’s Services Coalition (SCSC), an alliance of leading providers of specialist care and education​ to vulnerable children and young people, has warned that many young people with additional support needs (ASN) are being "failed" by a lack of legal support plans. The group has raised concerns over a sharp decline in the number of legally-binding education support plans for those with complex or multiple ASNs. Despite a Scottish Government promise that there would be no reduction in the proportion of pupils receiving them since their introduction in 2004, there has been a significant fall in the number of pupils with a CSP, from 3448 in 2012 to 1420 in 2021, amounting to a drop of 58.9%. “By not providing this statutory support, many of those vulnerable individuals are being failed and not getting the support they are entitled to, which is of particular significance given the impact of COVID-19", said an SCSC spokesperson. "The Scottish Government, local authorities and other agencies need to collaborate to ensure that those requiring a CSP receive it, with the necessary resourcing to support this".
 


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