Legal Matters Scotland
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15th June 2022

A free early morning round up of news for legal professionals across Scotland.
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BREXIT
EU vows to 'bring the UK to compliance'
Brussels has vowed to bring the UK “to compliance” over Brexit, with EU commissioners set to draw up plans for legal action over the Government's proposals to override parts of the Northern Ireland Protocol. In a private briefing for MEPs, European Commission vice-president Maros Sefcovic said it was “clear that the UK broke the law” and suggested it should be punished, urging: “We need to bring the UK to compliance.” While MEPs were told that Britain is likely to face three separate legal proceedings from Brussels, Mr Sefcovic insisted the EU was “not motivated by ideology” and confirmed that it would bring forward new proposals for easing customs checks in Northern Ireland.
DUP given ultimatum over Brexit protocol
Ministers have told unionists in Northern Ireland to make a “clear public commitment” to re-enter power sharing with Sinn Fein before the Government proceeds any further with its Brexit bill. Foreign secretary Liz Truss defended the decision to unilaterally override elements of the Northern Ireland protocol and said there was “absolutely no reason” for the European Union to retaliate. But while the legislation has now been tabled in the Commons, the Times says that ministers will not proceed with the bill’s second reading until the DUP formally commits to participate in the Northern Ireland executive and nominate a deputy first minister.


 
INDUSTRY
MSP: Scottish Government spending review will be 'disastrous' for justice
An Ayrshire MSP has warned that plans to freeze the budget for the country's justice system will have "disastrous" effects. Finance minister Kate Forbes announced plans to freeze the justice system's budget until 2026-27. Labour's Katy Clark, who sits on the Scottish Parliament's criminal justice committee, said the Scottish government's plans amounted to a real-terms cut in the funding available for community justice, legal aid, the police and fire service, prisons and courts, which are experiencing a record backlog in trials. A Scottish Government spokesperson said: “The indicative spending review outcome for the justice portfolio confirms the commitment to continue to support the process of justice recovery and transformation following the Covid pandemic."


 
PROPERTY
Aberdeen house prices ‘heading back to where they once were'
Figures released by the Aberdeen Solicitors Property Centre (ASPC) showed property prices in Aberdeen city have risen by 1.4% the past year. The report also showed the house price change over five years in Aberdeen has been -1.2%. The average price of a flat in Aberdeen fell from £127,889 to £126,576 and semi-detached properties decreased from £189,253 to £187,863. However, the detached homes market in the city, saw a price increase from £317,653 to £320,026. ASPC said the data “backs up anecdotal evidence that the market in our area is gathering momentum... This last index is interesting, because it has been a negative figure for some years but in recent years has been diminishing – indicating that prices are slowly heading back to where they once were. In effect, losses are slowly being recovered."


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FIRMS
Anderson Strathern announces key hires
Anderson Strathern has made two senior hires to its Glasgow office. Tom McEntegart joins as a partner in the Dispute Resolution team. A solicitor advocate and Royal Institution of Chartered Surveyors-accredited evaluative mediator, he joins from TLT where he was a partner and former head of its Scotland operation. Meanwhile, Mark Templeton has been appointed a director and Anderson Strathern's head of Immigration. He joins from specialist immigration law firm Quinn, Martin & Langan. 
Brodies makes family law partner hire
Brodies has added to its family practice with the appointment of Jacqueline Stroud, who joins the firm as partner. With more than 30 years' experience in family law, Jacqueline will be based in Brodies' Edinburgh office. Formerly a partner in MacRoberts, she is an accredited specialist in family law and an accredited family law mediator.  Her appointment follows the recent promotions of Inverness-based Sarah Lilley, and Susie Mountain in Aberdeen, and brings the number of specialist family partners at Brodies to five.
CASES
Man cleared of terrorism and explosives offences in Aberdeen
An Aberdeen man who was accused of terrorism and explosive substances offences has been acquitted. Richard Smith, 29, was found not guilty of carrying out preparations to commit acts of terrorism between August 2018 and November 2019. It had been alleged that he possessed and made explosive substances and acquired information on the manufacture of detonators and improvised explosive devices, the operation and manufacture of firearms, and advancing anti-Muslim, neo Nazi and other racist causes. Defence counsel Ronnie Renucci QC said Smith had a legitimate interest in chemistry. He said: "He is not some lone wolf terrorist operating out of his bedsit in Aberdeen. He has Asperger's. He has autism. He may have poor communications skills. He may appear to be a bit pathetic. But he is not a terrorist".
Margaret Ferrier court case affected by monkeypox
The trial against a Scottish MP who is accused of exposing people to the risks of COVID-19 while she travelled with symptoms has been confirmed for August. Margaret Ferrier allegedly went by train from Glasgow to London and back again having been told to self-isolate in September 2020. Glasgow Sheriff Court heard her defence team had failed to obtain a report from a virologist due to the monkeypox outbreak. The trial date was kept for August 15th. The Rutherglen and Hamilton West representative is accused of making several journeys after being told to self-isolate between September 16th-29th 2020. At a pre-trial hearing, the MP - who had her appearance excused - pled not guilty to the single charge through her lawyer Neal McShane.
CRIME
Transgender hate crimes up 87% in Scotland
Hate crimes against transgender people rose 87% in the past year, according to the latest figures. A report from the Crown Office said there were 84 charges aggravated by transphobia in 2021-22, compared with 45 the previous year. Racially-aggravated incidents remained the most common form of hate crime, with 3,107 charges filed over the period - a decline of 7%. Meanwhile, hate crimes towards people with disabilities rose by 44% to 666. It is the first time these crimes have overtaken those aggravated by religious prejudice, of which there were 512. Overall, the number of hate crimes charges reported was 5,640, marginally less - down 0.2% - than the 5,654 charges reported in 2020-21. Crimes aggravated by sexual orientation was the second most commonly reported type of hate crime, increasing by 10% in 2021-22 to 1,781. With the exception of 2014-15, there have been year-on-year increases in these charges reported since the legislation introducing the aggravation came into force in 2010. 
IMMIGRATION
Rwanda asylum flight cancelled after legal action
The first flight due to take asylum seekers from the UK to Rwanda was cancelled minutes before take-off after legal rulings on Tuesday evening. The flight was stopped after a late intervention from the European Court of Human Rights (ECHR) led to fresh challenges in the UK courts. Boris Johnson hinted that he may be ready to take the UK out of the European Convention on Human Rights to ensure the continued operation of the scheme. The prime minister also accused those fighting the deportations of "abetting the work of the criminal gangs" of people smugglers. In a joint statement, the Bar Council and Law Society responded: "It is misleading and dangerous for the prime minister to suggest lawyers who bring such legal challenges are doing anything other than their job and upholding the law."
EMPLOYMENT
No workplace parking levy for Perth and Kinross Council
A Workplace Parking Levy will not be introduced by Perth and Kinross Council, with council leader Grant Laing noting "I am pleased to rule out the introduction of a Workplace Parking Levy in Perth and Kinross, should the SNP remain in administration during the course of this five-year council term". He went on: "We remain committed to making it easier for people to travel to work via more sustainable and greener options, while simultaneously relieving cost pressures for workers who are already feeling the squeeze of the cost-of-living crisis."
POLICING
Children aged 13 strip searched by Scots police
Children as young as 13 have been strip searched by police in Scotland, official figures show. More than 3,000 under-18s have been subjected to 'invasive' searches since 2017. In total, 352 of the 3,067 children searched since 2017 were female and 2,715 were male. Most were aged 16 or 17, but there were seven 13-year-old boys searched and one 13-year-old girl. But concerns have been raised over the tactic. Amnesty's Scotland said: "The use of strip searches... shows disregard for the UK's obligations under international human rights law to uphold the rights of the child. Amnesty will be raising concerns with Police Scotland and the Scottish Government about this data and the implications for children's rights. It's also vital that Police Scotland disclose this data broken down by race, gender, area and other significant demographic details."
FRAUD
Fraud clampdown nets North Ayrshire £175k
Fraud and errors totalling £175,000 have been found by North Ayrshire Council investigators in the past year. The local authority's Corporate Fraud team gained the money from a wide range of sources in 2021/22, the biggest of which was council tax in which 59 cases saw recovery of money. There were also 28 cases in housing. And some 32 tenancies were recovered by the housing department, with assistance from Corporate Fraud.
 


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