Legal Matters Scotland
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31st March 2023

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THE LAW
Commissions call for "new pathway" in surrogacy reforms
Reforms to the UK's surrogacy laws have been proposed by the Scottish Law Commission and the Law Commission of England & Wales in a joint report. In place of a complex legal journey through the courts after the child has been born, the Commissions propose a "new pathway" involving rigorous pre-conception screening and safeguarding. If the right conditions are met, it would allow intended parents to become the legal parents of the child from birth, subject to the surrogate mother’s right to withdraw her consent during the first six weeks after giving birth. In that case the court would be able to make a parental order in favour of the intending parents, provided the child’s welfare requires this – bringing surrogacy law into line with other family law. Commercial surrogacy would remain prohibited, the "pathway" process being overseen by non-profit organisations operating under the Human Fertilisation & Embryology Authority. Surrogacy arrangements would also remain unenforceable.
First Minister considers pausing DRS launch
A spokesperson for First Minister Humza Yousaf has said that he is considering pausing the introduction of the Deposit Return Scheme (DRS), with the spokesperson saying there is a "discussion to be had" about the scheme. During the SNP leadership campaign, Mr Yousaf had proposed exempting small businesses from the scheme for its first year. Hospitality businesses have called for a pause to the scheme, while major drinks producers have called for it to begin as scheduled.



 
FIRMS
LawscotTech adds new expertise to legal tech advisory body
The Law Society of Scotland has boosted its key advisory body on legal technology, with new members and a new chairman to continue its work leading on innovation for the profession. Law Society President Murray Etherington, head of the private client department at Thorntons, will join the LawscotTech Advisory Board and step into the role of Chairman when his presidential term ends. Six other new members have been appointed to the 19-person board: Andrew Mowlam, head of legal technology, innovation and insight at Sky; Stephen Moore, of Moore Legal Technology; Danae Shell, co-founder and CEO at Valla; Aleks Tomczyk, founder and managing director at Exizent; Andrew Hinstridge, head of customer legal at Virgin Money; and Ross Yuill, solicitor advocate and director at the Glasgow Law Practice. Sarah Blair, Thorntons director of IT, will remain as the board’s Vice Chair.
BTO agrees sponsorship deal with Fertility Network UK
BTO Solicitors they have formed an exclusive sponsorship alliance in Scotland with Fertility Network UK.  With infertility affecting one in six couples, the equivalent of 3.5m men and women across the UK, Fertility Network UK works to help people through the provision of free and impartial support, advice and information. The news comes in the wake of publication of the joint report on surrogacy by the Scottish and English & Welsh Law Commissions. Beverley Addison, a senior solicitor with BTO and an expert in the subject, was directly involved including by providing the Law Society of Scotland’s response to the initial consultation. 
Aberdein Considine signs football agent
Aberdein Considine has signed up an agent representing young footballers in Scotland in a bid to strengthen its sports law practice. The Aberdeen-headquartered firm has hired Darren Walker, a former youth player with Hibs and St Johnstone who moved into representing footballers when his own son was released from Livingston in 2010 in order to ensure that he and other players were able to secure new clubs. Robert Holland, who recently joined as head of employment law, said: "This is a unique partnership we've formed and it provides a onestop shop for any youth player."
Blackadders names Neil Robb as Commercial Property head
Blackadders has appointed partner Neil Robb as head of its Commercial Property team. A founding partner of Aberdeen firm Plenderleath Runcie, which subsequently merged with Blackadders, he acts for a range of developers, property investment companies and individuals across various sectors, and is involved in a number of student development, care home and renewables projects.
PROPERTY
Flamingo Land is Scotland's most objected-to development
Scottish Liberal Democrat MSP Ross Greer has said that a dedicated portal set up to collect objections to revived plans for the Flamingo Land holiday resort on the banks of Loch Lomond has generated more than 65,000 objections - making it the most objected-to plan in Scottish history. "A record number of people, more than the 60,000 who objected previously, agree that this is the wrong plan for the wrong place and that it should be rejected at the earliest opportunity. The community at Balloch are overwhelmingly opposed to these plans and I know how much they appreciate the support from across the country."
CASES
Lord Advocate looks to axe malicious Rangers fraud case
The Lord Advocate has said past "criminality" has "taken an axe" to a claim for £60m by former Rangers finance chief Imran Ahmad over an admitted malicious prosecution over his wrongful arrest over a failed club fraud and conspiracy. Scotland's most senior law officer through legal representatives admitted that despite concerns about the former Rangers chief's past there will be taxpayer loss over damages and legal costs but that should be drastically cut. Sources close to Mr Ahmad said that his legal fees alone for the case amounted to £3m. But the Lord Advocate only agreed to an interim award to the tune of £220,000 as they aimed to question the extent of the claim made.
POLICING
Distinct policies needed for police capture of child data
Special policies need to be in place when police capture biometric data from children who are taken into custody, a watchdog has said. The Scottish biometrics commissioner praised Police Scotland's overall approach to gathering data from children and vulnerable adults. However a review recommended there should be distinct policies, procedures and practices when data is captured from children taken into custody, which should only be authorised by a senior officer. Commissioner Dr Brian Plastow said: "Police Scotland also needs to better uphold the information rights of all people who have their biometric data captured either as a result of being arrested, or when such data is given voluntarily by victims of crime to assist police investigations." He also said the age of criminal responsibility in Scotland is still too low, despite being raised from eight to 12 in 2021. Dr Plastow said: “I would welcome policy initiatives to divert those under 18 years of age out of the adult system."
EMPLOYMENT
Nursery workers protest over pay cuts
Nursery staff, union members and parents have protested outside the headquarters of North Lanarkshire Council over plans to cut nursery workers' pay by 30% unless they agree to retrain or apply for a leadership role. Marie Quigley from Unison North said 300 early years workers "will be forced into roles two grades lower than they are currently on, which means a £6,000 pay cut, and all of this is a result of cuts for local government funding from Holyrood". A council spokesperson said it has been "working closely with staff and the trade unions at engagement sessions over the last few weeks to bring forward plans to support all staff directly within this specific group and explore other potential opportunities within the service for them".
FRAUD
Less than 1% of fraud cases result in charges
MPs on the Public Accounts Committee have warned that Britain is a “haven” for fraudsters and have hit out at the “slow progress” on tackling the estimated 3.8m incidents of fraud and attempted frauds. Analysis shows that less than 1% of reported cases result in charges. The MPs said they were “deeply disappointed” with the progress being made by the government, saying there is “still no sign that government has a grip on fraud or an adequate strategy to address it.” The report said: “The criminal justice system's approach to penalising and sentencing fraudsters is insufficient to prevent the UK being seen as a haven for fraudsters.”
Fraud probe launched into claims meat falsely labelled British
The Food Standards Agency has said it is investigating allegations that a supplier falsely labelled foreign meat as British. It follows allegations reported by Farmer's Weekly which found that pork products from the company ended up in items such as ready meals, quiches and sandwiches sold by UK supermarkets. The processor, which has not yet been named by the FSA, has also been accused by former employees of regularly “washing” visibly off hams in salt water, and of mixing rotting pork with fresh product. The FSA said: “[We are] carrying out a criminal investigation into how one supplier allegedly provided products labelled as British when they were in fact sourced from South America and Europe."
 


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