Legal Matters Scotland

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INDUSTRY
Post Office accused of gagging postmasters in Horizon settlements
Former postmasters affected by the Horizon accounting scandal have been forced to accept "insulting" settlement offers after being gagged by Post Office lawyers, according to a former partner at Clifford Chance. The scandal saw thousands of branch owner-managers accused of theft and false accounting, despite a glitch in the Post Office's Horizon computer system being to blame. The Post Office and the government agreed to pay compensation via the historical shortfall scheme, but the scheme has been criticised by Dan Neidle for a lack of independence and for being weighted against postmasters. He has reported the Post Office lawyers to the Solicitors Regulation Authority, saying they told postmasters that offers made under the compensation scheme were "confidential" because the letter was marked "without prejudice". He told The Times: "The attempt by the Post Office to silence postmasters was shameful and a breach of professional ethics." 


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
Ministers mull new rules on government contracts
Ministers are considering an amendment to the Procurement Bill which would introduce a traffic light system for government contracts, indicating value for money. The proposal put forward by John Penrose, the Government’s former anti-corruption tsar, would force Government departments to "state clearly what actual outcomes they are intending to achieve" when awarding a contract. For the most expensive projects, the results would be audited by an independent body. National Audit Office data shows that just 8% of Government spending on major projects had robust evaluation plans in place. Where an evaluation had been carried out, spending had been reduced by two thirds in some cases. The proposals are backed by campaign groups Transparency International UK, Spotlight on Corruption, the Centre for Public Data, the Campaign for Freedom of Information and the TaxPayers' Alliance.
Westminster intervention could see fishing ban plans scaled back
Plans by Scottish ministers to ban fishing in one-tenth of Scottish waters may face scaling back due to potential refusal of permission by the UK Government. The Scottish Government's proposal aims to designate 10% of Scottish waters as highly protected marine areas (HPMAs) to address the climate crisis and restore marine habitats. However, implementation of the legislation requires approval from the UK Government, which has already criticised the plans and has its own HPMA proposals with identified zones. The Scottish Government acknowledges that it lacks the necessary legal powers to designate and protect HPMAs, particularly in offshore waters, which fall under UK Government jurisdiction. It is seeking agreement to grant equivalent powers for Scottish ministers in Scottish offshore waters.
PROPERTY
Deaths prompt calls for urgent social housing investment
Recent deaths of vulnerable Scots in hotels awash with drug dealing have highlighted the chronic housing shortage in Scotland. Campaigners are calling for urgent investment in social housing after five suspected overdoses in two hotels in just 19 days. The Rennie Mackintosh Station Hotel and Queens Park Hotel in Glasgow have been described as "drug dens" and are being used to accommodate homeless people. The Scottish Government has failed to meet its pledge to build more social housing for vulnerable people, according to Alison Watson, Director of Shelter Scotland. 
FIRMS
Ledingham Chalmers' residential rentals sold off
Aberdeen-based Parkhill Property Leasing has bought Ledingham Chalmers' residential rentals business in a six-figure deal that sees Parkhill Properties double its existing client base as well as the creation of three new jobs. Parkhill Properties, which currently has 10 employees, will also acquire two lettings' staff members from Ledingham Chalmers who will make the transfer over to the Parkhill office in the city's Rosemount Place. Jennifer Young, Managing Partner, Ledingham Chalmers, said: “We've known Parkhill Properties for several years and are confident our former landlord clients and their tenants are in safe hands. Meanwhile we'll continue to focus on sustainable growth for our firm, including our estate agency practice.”
CMS appoints two new colleagues to Data Centre team
CMS has strengthened its Data Centre division by adding two colleagues to its ranks. Charlotte Miller and Keith Barber, both Senior Associates and transactional real estate specialists at the firm, join the team advising data centre clients throughout the UK and across Europe. Led by Glasgow-based partner Chris Rae, the Data Centre division supports data centre asset owners, who face a range of complex problems when seeking to acquire or develop sites. Mr Rae said: “The significant growth of this sector combined with emerging legislative issues is creating new opportunities which require people with Charlotte and Keith’s immense expertise."
DATA PRIVACY
NHS trusts share patient details with Facebook without consent
NHS trusts have been sharing patient data with Facebook despite promises to never do so. An Observer investigation has uncovered a covert tracking tool called Meta Pixel in the websites of 20 NHS trusts which has been collecting browsing information and sharing it with the tech giant for years without consent. The data includes details of pages viewed, buttons clicked and keywords searched and is matched to the user’s IP address and in many cases details of their Facebook account. Wolfie Christl, a data privacy expert, said: “This should have been stopped by regulators a long time ago. It is irresponsible, even negligent, and it must stop.” The Information Commissioner’s Office is investigating.
REGULATION
South Lanarkshire Council backs ban on single-use vapes
South Lanarkshire Council has unanimously agreed to ban single-use disposable vapes after a recent meeting revealed that one in 10 S4 pupils regularly vape. The council noted that there has been an 18-fold rise in disposable vapes amongst users from January 2021 to April 2022. The council also welcomed the forthcoming publication of the Scottish Government's Tobacco Action Plan, which will consider a range of interventions with an emphasis on reducing smoking and vaping among children and young people. Chief executive Cleland Sneddon will now write to the Minister for Green Skills, Circular Economy and Biodiversity to convey the council's view that a ban on the sale of disposable nicotine vapour products be introduced as soon as possible.
EMPLOYMENT
Young people shun trade unions
Trade union membership rates among young people have reached a record low, with Department for Business data showing that just 4% of employees aged 16 to 24 were in a union last year. This is down from 7% in 1995. For workers aged 25 to 34, the rate dropped five percentage points to 21%. A Trades Union Congress spokesman said: “Young workers tend to disproportionately feature in sectors and jobs which have traditionally been more difficult to organise, as well as be in low-paid, insecure work.” Manuela Galetto, associate professor of employment relations, said: “The decline reflects a steady increase in non-unionised occupations linked to the growth of e-commerce,” noting “an increase in the number of careers where there is a high concentration of precarious and short-term contracts.”
TAX
HMRC targets Chinese gangs
HMRC is targeting Chinese gangs using criminal cash to buy luxury goods in the UK that are then sold on in China. So-called "daigou" shoppers purchase luxury brands in the UK, shipping goods back to China and selling them on for profit. This is not illegal but the tax office is investigating whether criminal proceeds are being used to fund these shopping sprees. Sources have suggested that some daigou shoppers get the money they spend in the UK through Chinese underground banking brokers, who in turn source it from organised crime gangs. An HMRC spokesman said it is "aware of tax and money laundering risks associated with daigou trading." HMRC is also concerned that daigou traders are fraudulently claiming back tax on the purchases they make.
ECONOMY
Country faces £1bn spending gap next year
The Scottish Government is facing a projected shortfall of £1bn for day-to-day spending next year, which is expected to increase to nearly £2bn in three years, according to Deputy First Minister Shona Robison. She called on the UK Government to provide more funding, citing the impact of soaring inflation on capital spending requirements. She also urged Westminster to allocate additional funds to cover "reasonable pay settlements" for public sector workers. The Scottish Government's medium-term financial strategy indicates that resource funding is expected to increase from £45.26bn in 2023-24 to £50.971bn by 2027-28. However, Ms Robison stated that there will still be a real-terms reduction in the block grant received from Westminster for 2024-25.
OTHER
Glasgow Caledonian University wins mooting competition
Glasgow Caledonian University students Zara Tahir and Fiza Ali have won the Sheriff Principal’s Mooting Competition trophy, beating Peter Hutton and Mhairi Fairlie from City of Glasgow College in the final. The competition was aimed at first and second year law students and was held at the Royal Faculty of Procurators in Glasgow. The winners receive a trophy and work experience within a law firm. Dean of the Royal Faculty, Austin Lafferty, said the event helped cement relationships with universities and colleges in Glasgow, where the future legal profession will come from.
 


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