Legal Matters Scotland

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INDUSTRY
Cost-of-living pressures prompt recommended pay boost for trainees
The Law Society of Scotland has approved an unprecedented 10% uplift in recommended pay for trainee solicitors to help with ongoing cost-of-living pressures. effective June 1st. The recommended minimum pay for trainee solicitors in Scotland will rise £2,050 for first year trainees to £22,550, and by £2,375 for second years, to £26,125. The rate remains discretionary, with employers able to set their own rates of pay above or below the recommendation provided it is not less than the Living Wage as set by the Living Wage Foundation. “This uplift in the recommended pay rates for trainees reflects the significant cost-of-living pressures that are continuing to be felt across the UK", said Law Society of Scotland President Murray Etherington. “It’s important to stress that we do not set pay for trainees but make a recommendation to support the sector. Pay must support trainees but equally be sustainable for firms employing up-and-coming lawyers. Inflationary pressures are also causing significant challenges for many law firms, particularly those in areas such as legal aid".
Scots lawyers vow to boycott plans for juryless rape trials
Lawyers across Scotland have vowed to boycott Scottish Government plans for a pilot on juryless rape trials. Members of the Glasgow Bar Association (GBA) and the Edinburgh Bar Association (EBA) have voted overwhelmingly against the proposals in the Victims, Witnesses and Justice Reform (Scotland) Bill. The plans were recommended by senior judge Lady Dorrian who undertook a review of the justice system which informed the legislation before Holyrood.
Advocate joins Scottish Civil Justice Council
Fiona Drysdale has been appointed as an advocate member of the Scottish Civil Justice Council. Admitted to Faculty in 2002, Ms Drysdale is deputy clerk of Faculty and clerk to its board of examiners. She is an advocacy skills instructor on the Advocates’ Training Course and teaches civil court practice at the University of Edinburgh. Qualifying as a solicitor in 1998, she has also worked as a legal translator at the Court of Justice of the European Communities.


Leading by Listening – Why hundreds of Law firms are working with Denovo

Denovo have seen a resurgence over the past few years, with hundreds of Scottish law firms turning to the Glasgow-based legal software provider to help them run their business more efficiently. Denovo’s Head of Marketing, Grant Yuill, has given his thoughts on why so many solicitors are choosing Denovo over other legal tech providers. The interview outlines Denovo’s ethos of truly listening to the issues lawyers face, while treating lawyers as the innovators. As well as touching on how the legal tech world is evolving.

Read more

 
THE LAW
MSPs in call to step up use of Domestic Abuse Act
More action is needed to implement the 2018 Domestic Abuse (Scotland) Act and tackle domestic abuse, according to a new report from Holyrood's Criminal Justice Committee. As part of post-legislative scrutiny, the committee has been reviewing the impact of the Act, and its key provision creating a new offence around non-physical forms of abuse such as coercive control. The MSPs say there is strong support for the Act among prosecutors, law enforcement and women’s groups, and that it is beginning to have an impact, including increasing prosecutions. However, they conclude that progress has been too slow and call on several issues to be addressed, including whether current sentencing policy for offences and for breaches is providing adequate protection for victims. "It is clear to the committee that the original communication campaign around the 2018 Act was pivotal in raising public awareness of these issues at the time", said committee convenor Audrey Nicoll MSP. "We are calling on the Scottish Government to consider running an updated campaign, including one which targets children, as a way to continue to effectively highlight the various forms of domestic abuse. Domestic abuse as well as violence against women and girls is completely unacceptable and it is clear that more should be done to tackle this issue and support both victims and survivors".
UK Government confirms it will contest court action over gender reforms block
The UK Government will contest the Scottish Government's decision to block gender reforms in court, citing adverse effects on reserved matters. Scottish Conservative equalities spokesman Rachael Hamilton said: "The UK Government had no option but to issue a section 35 order, given that Nicola Sturgeon's reckless GRR Bill impacts on UK-wide equalities law. Rather than redraft a flawed Bill - that puts the safety of women and girls at risk - Humza Yousaf has opted to ignore the views of the majority of Scots, who are opposed to it, and embark on another unwanted and unnecessary court case."
PROPERTY
Rent cap legislation ‘discriminates’ against private landlords
At a hearing at the Court of Session in Edinburgh, Lord Neil Davidson KC, representing several respondents including the Scottish Association of Landlords, Scottish Lands and Estates, and the Church of Scotland, said that private sector landlords are being “discriminated” against as a result of an “unlawful” Scottish Government cap on their rent increases. Lord Davidson argued private landlords have faced increased costs including, in some cases, interest rate hikes of around 127%. He suggested the Scottish Government’s actions did not take into consideration the financial difficulty private landlords were facing regarding increases in overall costs. He also compared the treatment of private landlords to the social housing sector, telling the court: “The social sector gets what is acceptable to them. The private sector does not.”
FIRMS
Burness Paull hires Ledingham Chalmers rural team
Burness Paull has expanded its rural business offering with the recruitment of a six-strong team from rival Ledingham Chalmers led by agriculture and estates specialist Linda Tinson. Ms Tinson has been appointed as a partner in Burness Paull’s real estate division and head of the firm’s expanded rural business practice; she will be joined by legal consultant Jim Drysdale, senior associate Lorna McKay, associates Sarah Taylor and Jason Rust, and paralegal Sarah Strathdee. “Our ambitious growth strategy is underpinned by investment in the exceptional talent required to strengthen and diversify key practice areas, as we seek to best support our clients in this changing economic landscape", said Burness Paull chair Peter Lawson. “Linda and her team are the latest example of this, following on from several other recent appointments, and we’re delighted to welcome them to the firm".
Harper Macleod unveils raft of promotions
Harper Macleod has marked its 35th anniversary by unveiling a series of promotions. The new partners are Andrew Ronald (banking and finance), Ewan Stafford (employment and immigration), Amy Dickson (personal injury and reparation) and Brian Carton (partner equivalent in the firm’s IT team), while the new associates are Fiona Strang (corporate, commercial and regulatory), Jennifer Grosvenor (dispute resolution), Nicola Stephen (residential property) and Nicola Ker, Annabelle Gow and Lauren Farquhar (all private client – asset protection and tax). The firm also noted that eight colleagues had been promoted to associate and 14 to senior solicitor positions.
POLICING
Yousaf accused of being 'complacent'over misogyny in Police Scotland
The Scottish Labour leader Anas Sarwar has accused Humza Yousaf of being boastful and "complacent" after attacking his record on misogyny within Police Scotland. Sarwar said that as Justice Secretary in 2020 Mr Yousaf had promised to root out the boys’ club culture, but had failed to deliver. Mr Yousaf said there had been decisive action in the justice system, including reducing court backlogs, low crime figures and more police per head of population than south of the border. “In terms of misogyny, we are taking decisive action,” Mr Yousaf said.
TAX
Humza Yousaf’s higher tax plan ‘will drive out skilled workers’
Humza Yousaf’s plans to continue increasing taxes for middle and high earners risk driving skilled workers and entrepreneurs out of Scotland, an accountancy firm has warned. Ross Stupart, a tax partner at RSM in Edinburgh, pointed out many Scots already paid more than their peers in England. Yousaf has talked about the possibility of introducing an additional income tax band on Scots earnings between £43,662 and £125,140. But Stupart says Scotland already pays the highest taxes in the UK, “and the Institute for Fiscal Studies’ latest data forecasts that Scotland’s deficit per head will be £1,300 higher than the UK as a whole. By continuing to tax middle and higher earners to fund a welfare state, Yousaf risks pushing skilled workers and entrepreneurs over the border.”
PRISONS
8% of eligible prisoners registered to vote in Scotland
A new report by the Scottish Government has revealed that fewer than one in 12 eligible prisoners registered to vote in the most recent Scottish elections. The report acknowledges that "levels of engagement with voting amongst the eligible prisoner population remain low." The law was changed in April 2020 to allow convicted prisoners serving sentences of 12 months or less to vote in both local government and Scottish Parliament elections. In the 2021 Scottish Parliament election, only 38 eligible prisoners registered to vote, and in the council elections in May 2022, only 49 out of 604 eligible prisoners registered to vote. The report suggests that there is a need for improved information on candidates and their policies during an election campaign.
 


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