Legal Matters Scotland
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28th July 2023

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INDUSTRY
Society says government legal regulation proposals are 'dangerous and wrong'
The Law Society of Scotland has said that Scottish Government proposals which threaten the independence of Scottish legal sector “are dangerous and wrong, and must be dropped”. Responding to the Equalities, Human Rights and Civil Justice Committee’s call for evidence on the Regulation of Legal Services (Scotland) Bill, the regulator said many of the reforms were welcome and overdue. However, the major shake up to regulation could see Scottish Ministers given new powers to intervene directly in the regulation of the legal profession for the first time. The Law Society said the proposals are unlike anything seen in other western democracies. It warned the changes would undermine the rule of law and could see Scotland shunned as a jurisdiction to do business in. “Solicitors are often responsible for challenging excessive use of government power or defending their clients against prosecution from the state. It is essential that they can act freely, with no risk of government interference. That is why the independence of the legal profession is such an important principle in any democracy", said Society President Sheila Webster. She added: “As it stands, the Bill would introduce sweeping levels of ministerial intervention into the regulation of the legal profession. Not only would this make Scotland a less attractive jurisdiction in which to do business, such a move would damage the global reputation of our justice sector. It could result in clients choosing to go elsewhere or multinational firms moving to other parts of the UK. There’s also the risk that autocratic regimes in other parts of the world could use Scotland as an excuse to justify similar controls on lawyers in their own countries". 
Demo session offered for revised SCTS caveat service
Civil Online users are invited to see the latest changes to the caveat service offered by the Scottish Courts & Tribunals Service. A demonstration session will take place on July 31st 2023 at 2pm. The demonstration should take about 30 minutes, with time available afterwards for questions.


Why Conveyancing Solicitors Need Case Management Software

Case management software is a critical tool for conveyancing solicitors due to its ability to streamline and enhance the entire process. With features like document management, task tracking, fully integrated property search and automated workflows, it enables solicitors to efficiently manage and organise large volumes of legal documents, track deadlines, and collaborate effectively with clients and stakeholders. In this article the team at Denovo breakdown the reasons why case management software is indispensable for conveyancing solicitors.

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PROPERTY
New plan for Glasgow City Centre to boost investor confidence
A new plan for Glasgow City Centre, known as the Vision for the Golden Z, will be presented next month. The plan aims to improve the Argyle, Buchanan, and Sauchiehall Streets area, following consultations with stakeholders. Glasgow City Council believes that this plan will provide confidence to investors and guide future development. The plan takes into consideration the impact of changing retail and leisure trends, the growing city center population, and the need to repurpose vacant sites and buildings. It also discusses the potential contribution of future redevelopment proposals, including the Buchanan Galleries and St Enoch Centre. The project is funded by the Scottish Government's City Centre Recovery Fund.
Ministers consult on final EPC reform proposals
Scottish ministers have opened a consultation on their final proposals for energy performance certificate (“EPC”) reform, ahead of the introduction of new legislation. The reforms affect both domestic and non-domestic EPCs. While the two types of EPC are very different, both have a key role to play in meeting net zero targets. The reforms aim to ensure that EPCs are an appropriate tool for the role they play, are accessible and clear, and that the value of the data they gather and hold is maximised. The changes are also intended to support further measures around the fabric of buildings and the heating systems in use which ministers regard as necessary to meet the reductions in emissions towards achieving net zero by 2045 – targets passed into legislation by the Scottish Parliament. The deadline for responses is October 16th 2023.
INDEPENDENCE
Humza Yousaf reveals Scots citizenship and passport plan
First Minister Humza Yousaf has unveiled plans for citizenship and passports in an independent Scotland. A new Scottish Government paper sets out proposals on migrants' rights and freedom of movement in the event that the country leaves the union. The prospectus is the fifth in the Building a New Scotland series, which was launched by former first minister Nicola Sturgeon last year. The paper proposes that Scotland would allow those born outside the country after independence to be automatically entitled to Scottish citizenship, if at least one of their parents is a Scottish citizen. It also outlines the rights of British citizens to claim dual nationality at the point of independence and set out proposals to make it easier for those from overseas to apply for Scottish citizenship. Mr Yousaf said a move to a more "inclusive" Irish-style citizenship system would be beneficial morally and economically. 
FIRMS
Brodies' new HQ given platinum WELL certificate
The Edinburgh headquarters of Brodies has become the first project in Scotland to achieve a top rating for health and wellbeing. WELL certification at the platinum level has been awarded to Brodies' office in the capital by the International WELL Building Institute (IWBI), in recognition of its health and wellbeing considerations for colleagues and visitors. The WELL standard is a global rating system for buildings, interior spaces and communities that recognises the characteristics of built spaces and their impact on the health and wellbeing of occupants. It measures seven attributes that impact health – air, water, nourishment, light, fitness, comfort and mind. The status was awarded to the fifth, sixth and seventh floors of Capital Square in Edinburgh's Exchange District, which Brodies has occupied since January 2022.
Aberdein Considine plans head office move
Aberdein Considine is considering a move from its head office on Bon Accord Crescent as plans emerge for flats at its current offices. The firm took over townhouses on Bon Accord Crescent in 2015, expanding and refurbishing them as part of a £1m expansion. However, it has now revealed plans to relocate when their leases expire. Owners Assurance Homes are proposing to convert two of the townhouses back into flats, with 14 flats being built inside. The move is seen as necessary to secure the future of the site, which has been predominantly used as offices.
CASES
Man to stand trial for murder and attempted murder charges on Skye
A man named is set to stand trial for the murder of his brother-in-law and the attempted murder of his wife and two others on the Isle of Skye. Prosecutors allege that Finlay MacDonald shot and killed John MacKinnon and attempted to kill his wife by stabbing her. He is also accused of firing a shotgun at a chiropractor and his wife in a separate incident. MacDonald faces charges of murder, attempted murder, and possessing a shotgun with intent to endanger life. The trial is scheduled for May 14 in Glasgow. The case has attracted significant attention, with two crowdfunders raising over £70,000 to support the affected families.
Serial rapist given indeterminate sentence
A rapist who carried out cruel and violent abuse against four women has been given an indeterminate sentence. Dane Lundie, 39, found vulnerable women to target over a five-year period, the High Court in Edinburgh heard. Lundie, who denied the charges, was convicted last year of 12 offences of rape, assault, threatening behaviour and abduction between 2013 and 2018. Judge Fiona Tait told Lundie he posed a high risk to the public and imposed an Order for Lifelong Restriction (OLR). She ordered that he must serve six years in prison under the indeterminate sentence before becoming eligible to apply for release.
DATA PRIVACY
Cybergang claims to have Scottish university data
Data belonging to the University of the West of Scotland has reportedly been put up for auction by an extortion cybergang. The university admitted to a "cyber incident" earlier this month. Now the ransomware gang Rhysida is demanding 20 bitcoin (£450,000) for the confidential data and says it will be sold to the highest bidder. The data advertised on the gang's deep web domain includes personal data belonging to staff such as bank details and national insurance numbers as well as internal university documents.
 


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