Legal Matters Scotland
Sign UpOnline Version
27th June 2022

A free early morning round up of news for legal professionals across Scotland.
Sign up here for your free daily edition

THE LAW
Peers will 'pull Bill of Rights apart'
A planned overhaul of human rights laws will be “pulled apart” in by peers, it has been claimed. Lord Foulkes of Cumnock boasted that the Upper House was “full of lawyers” who will try to defeat the Bill of Rights introduced by the Government this week. He claimed the planned law will “reduce the rights of British citizens” and also embolden dictatorships to ignore human rights law. The Labour peer's comments came just a day after Lord Chancellor Dominic Raab promised that the Bill would restore a "healthy dose of common sense" to the justice system. Under the proposals, UK courts will no longer be required to take into account rulings from the European Court of Human Rights (ECHR) in Strasbourg, which grounded the first planned flight of migrants to Rwanda last week. The Bill will also make it easier to deport foreign criminals and let judges weed out trivial human rights claims at an early stage.


 
INDUSTRY
Second largest number of intrants admitted to Faculty
Twenty eight new members have been admitted to the Faculty of Advocates in calling ceremonies over the past two days. Yesterday 14 new members were welcomed by Dean of Faculty Roddy Dunlop QC, and admitted to the public office of advocate by Lady Carmichael; and the same number were greeted by Vice Dean Ronnie Renucci QC, with Lady Carmichael again presiding. “You join Faculty at a time when its importance to the people of Scotland is once more front and centre”, Mr Dunlop said. “At a time when the rule of law is under attack, domestically and internationally, the independent referral bar remains a bulwark against injustice and oppression.” He added: “You will need support, and you will find it here: from your peers, from your opponents, and from me. You join Faculty at a time of challenge, but also of opportunity. I am delighted that you have chosen this path in your career, and I wish you every success therein.”


 
PROPERTY
House purchases more affordable compared to 15 years ago
A Bank of Scotland report shows that Scotland is one of the most affordable parts of Britain in which to buy a home, with changes in the economy over the past 15 years meaning most areas north of the border now cost less than they did in 2007 in terms of salary expenditure. The average salary has risen 38.5% over the past 15 years in Scotland but 29.2% across the UK as a whole. The average house has increased in value by 43.9% across the UK in that time, but by 24.2% in Scotland. The cheapest area of Scotland is Inverclyde, where buyers need to spend just over three times the average salary to secure the keys to a typical property.
Housebuilders agree to cover cladding removal costs
Housebuilders Persimmon and Barratt have agreed to pay for urgent remediation work at Scottish blocks of flats affected by fire safety defects, including dangerous cladding. The developers will carry out the repairs or cover the costs of alternative contractors if work is already under way. Taylor Wimpey and Miller Homes are among the other firms who say they are “working with the Scottish Government” to reach a solution.
BREXIT
MPs to vote on plans to ditch parts of Brexit deal
MPs will vote on Monday on new legislation to give ministers the power to scrap parts of the post-Brexit deal between the UK and the EU. The Government wants to change the NI Protocol to make it easier for some goods to flow from Great Britain to Northern Ireland. Ahead of the vote, Foreign Secretary Liz Truss said the protocol was undermining peace in Northern Ireland. But the EU opposes the move, saying it breaches international law. The protocol is part of the 2019 Brexit deal and keeps Northern Ireland in the EU's single market for goods, preventing a hard border with the Republic of Ireland. But it means checks on some items which come into Northern Ireland from other parts of the UK, creating a trade border in the Irish Sea. The Government's plans, published earlier in June, faced a fierce backlash from the EU, which launched legal action against the UK Government over the legislation.
IMMIGRATION
Independent inquiry into Scottish lockdown asylum seeker treatment
An independent inquiry is to be held to look into the treatment of asylum seekers in Scotland during the Covid-19 lockdown in 2020. Refugees for Justice announced Baroness Helena Kennedy QC will lead the review. The refugee group has been asking the Home Office for a public inquiry since six people were stabbed at the Park Inn in Glasgow in 2020. The Home Office said it had made "significant changes to keep asylum seekers safe" since the attack. As it is a private inquiry Baroness Kennedy will not be able to compel witnesses to attend or force disclosure of evidence.


Verify source of funds in minutes

Fully automate your client onboarding process with Amiqus.

Stop chasing bank statements and searching through papers for specific transactions. Create a more convenient process for you and your clients using our FCA-regulated open banking technology.

Why switch to open banking with Amiqus?

  • It's faster and more secure for both you and your client
  • Open banking is increasingly being adopted by the industry
  • It reduces fraud risk because data is pulled directly from the bank and is regulated by the FCA
  • Amiqus is the Law Society of Scotland’s partner for AML and we build our product in consultation with them
  • We've built an automated fallback option if open banking isn't available, to reduce your admin

 
HEALTH
FM promises abortion protest 'buffer zone solution'
Nicola Sturgeon will host a cross-party summit on abortion with campaign groups and charities today in the hope of finding a route forward for potentially legislating for so-called "buffer zones" at protests around medical clinics. The First Minister will discuss a new bill to protect workers and service users at termination clinics in Scotland. The proposed law would see 150m no-go areas installed outside health facilities. Ms Sturgeon reaffirmed a previous offer to provide support to councils who would introduce bylaws to protect these locations. She said: "It would be my preference to be able to legislate nationally in order to have a consistency of approach."
FRAUD
Britain is the £3bn fraud capital of the world
An investigation by the Daily Mail reveals that Britain has become the global capital of fraud, with losses from scams soaring to almost £3bn a year. Losses of £36.02 per person in the UK are far higher than in other leading Western economies. This is more than double the amount lost per capita that year in the US, according to figures from the Federal Trade Commission, more than five times that recorded in Australia and almost six times the amount logged in Canada. New Zealand had a rate of just £1.73 per person in 2021. Scottish Government statistics show online fraud and scams in Scotland have risen by 69% since 2011-12. Police Scotland has stated all officers are able to investigate online fraud or computer-enabled economic crime. Officers can seek specialist support from the force's Cybercrime Investigation Team. As of 2019, that team consisted of six officers.
HOLYROOD
Sturgeon says SNP MP's victim was not supported by party
The SNP's Westminster group has questions to answer over its handling of a harassment complaint against MP Patrick Grady, the FM has said. Nicola Sturgeon said she still had confidence in her party's Westminster leader Ian Blackford. But she said a victim who does not feel supported "is by definition unsupported". Mr Grady was found to have made unwanted sexual advances to a teenage SNP staffer. An independent panel said he last week that he touched and stroked the neck, hair and back of his male colleague during a social event in 2016, and recommended the former SNP chief whip be suspended from parliament for two days.
ECONOMY
Wellbeing monitor to assess progress on delivering fairer economy
A new monitor is to be used by the Scottish Government to help deliver its ambition of a fairer, healthier and greener economy. The Wellbeing Economy Monitor will take into account measures such as child poverty figures, greenhouse gas emission levels, biodiversity and fair work indicators as it considers the country's economic success. It will complement more traditional metrics like GDP.
OTHER
Barristers in England and Wales walk out of courts over legal aid funding
Barristers will walk out of courts across England and Wales today in a dispute over legal aid funding. During the strikes, they will not accept new cases or take on work for colleagues whose cases have overrun. The Criminal Bar Association (CBA) said around 81.5% of its more than 2,000 members who voted in a ballot supported the action. Justice Secretary Dominic Raab said the strikes were "regrettable" and would "only delay justice for victims". In a statement released on the first day of action, Mr Raab urged barristers "to agree the proposed 15% pay rise which would see a typical barrister earn around £7,000 more a year". However, a spokesperson for the CBA, which represents barristers in England and Wales, said the pay rise would not take effect immediately as it would not apply to backlogged cases. They said the "record backlog" may mean increased rates were "many years away" for barristers. CBA chairman Jo Sidhu QC said that, as well as pay, the strikes are about "redressing the shortfall in the supply of criminal barristers to help deal with the crisis in our courts".
 


Legal Matters Scotland is designed to help you stay ahead, spark ideas and support innovation, learning and development in your organisation.

The links under articles indicate original news sources. Some links lead directly to the source material. Others lead to paywalls where you may need a subscription. A third category are restricted by copyright rules.

For reaction and insights on any stories covered in Legal Matters Scotland, join the discussion by becoming a member of our LinkedIn Group or Business Page, or follow us on Twitter.

 

Follow us on FacebookFollow us on TwitterFollow us on Linkedin

This e-mail has been sent to [[EMAIL_TO]]

Click here to unsubscribe