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30th November 2023

A free early morning round up of news for legal professionals across Scotland.
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INDUSTRY
Juror faces punishment after trial collapse
A juror at Kirkcaldy Sheriff Court, Scott Nelson, has been found in contempt of court after his personal investigations caused a trial to collapse. Nelson had been selected as a jury member but made his own investigations outside the courtroom, leading to his own trial. Nelson's solicitor acknowledged his actions and the severity of the consequences. Before any evidence is led in jury trials, jurors are strictly instructed to base their findings solely on the evidence presented in court. Sheriff Robert More deferred sentencing until January 5, with the options of a financial penalty or a custodial sentence. The collapsed trial is scheduled to start again in the new year.



 
THE LAW
Muirburn to be allowed in emergency situations to prevent wildfires
Environment minister Gillian Martin has confirmed that the practice of muirburn, the controlled burning of heather and other plants, will still be allowed in emergency situations to prevent wildfires. This comes in response to concerns raised about plans to restrict muirburn due to its environmental impact. The Scottish Government's Wildlife Management and Muirburn Bill, currently being debated in Holyrood, will permit the continuation of muirburn by practitioners to reduce the risk of wildfires. The Bill also includes provisions allowing muirburn without a licence in emergency circumstances. Martin praised the "swift actions" of gamekeepers during a wildfire in Cannich over the summer.
Government and tech firms unite to fight online fraud
The UK Government is partnering with major tech companies, including Facebook, TikTok, Snapchat, and YouTube, to launch an Online Fraud Charter. The charter aims to combat online scams, fake adverts, and romance fraud. The companies involved, which also include Amazon, eBay, Google, Instagram, LinkedIn, Match Group, and Microsoft, will introduce measures to protect users, such as verifying new advertisers and promptly removing fraudulent content. The charter will be backed by a crackdown on illegal adverts and promotions targeting children. The charter is seen as a significant step forward in the fight against fraud and will enable better cooperation between the private sector, government, and law enforcement.
FIRMS
Ledingham Chalmers reveals hires and financial results
Ledingham Chalmers has announced a number of senior hires along with its 2022-23 financial results, which show turnover at a new high. The company's turnover for 2022-23 was £13.4m, its highest since becoming a limited liability partnership in 2006. Group turnover, including subsidiary Ledingham Chalmers Financial, was £14.2m, up from £13.6m in 2021-22. Pre-tax profit however dipped from £4m to £3.5m. Ledingham also announced that partner Mike Morrice joined the Commercial Property team in Aberdeen in October from Burness Paull, and Gary Hunt, who has around 25 years’ HR experience in the energy sector, took up post in November as head of HR, also in Aberdeen.
PROPERTY
Ministers set out path to ending fossil fuel heating
The Scottish Government has launched a consultation on proposals to achieve the replacement of fossil fuel heating with clean heating systems in all Scottish homes and buildings by 2045. Ministers propose to introduce legislation in 2025 which will start taking effect later in the decade, which would mean that those buying new homes or buildings would be asked to move to a “clean” heating system, such as a heat pump or connection to a heat network, within a fixed period of time following purchase. Other measures would encourage the development of heat networks, to encourage investment by providers on the basis that there will be sufficient demand. Separately, proposals have been published for a new Social Housing Net Zero Standard that would require social landlords to meet an energy efficiency standard between 2033 and 2040. The deadline for responses for both are due by March 8th 2024.
CASES
Ballet teacher denies sex offences allegations
A ballet teacher, Jonathan Barton, is on trial for sex offences at a ballet school in Argyll. Nine complainants have accused him of sexual relations and inappropriate touching. Barton denies the allegations and claims that the touching was necessary for safety and to highlight danger points. One of the complainants testified feeling uncomfortable during lessons and accused Barton of standing close to her crotch. Barton defended his actions, stating that the corrections were necessary and that verbal corrections would not suffice. He also denied brushing a pupil's legs and claimed that he wanted a strong feeling in the legs. The trial continues before Sheriff William Gallacher.
Man due to appear in court in connection with alleged 'rape'
A 32-year-old man is due to appear in court in connection with an alleged 'rape' incident in Glasgow. The incident took place on Sunday, November 26, between 5.20am and 6.10am on Mitchell Street. Police are appealing for witnesses who were in the area at the time to come forward. Detective Sergeant Gillian Nixon stated, "Our enquiries are continuing and we are keen to speak to anyone who may have been in the area at the time."
Two men charged in connection with series of break-ins in scotland
Two men, a 22-year-old and a 16-year-old, have been arrested and charged in connection with a series of break-ins, attempted break-ins, and thefts across central Scotland. The incidents, totaling 49, occurred between September 28 and November 28 in various locations including Fife, the Lothians, North Lanarkshire, Glasgow, and Forth Valley. The 22-year-old is scheduled to appear in Livingston Sheriff Court, while the 16-year-old is due to appear in Edinburgh Sheriff Court. Detective Inspector John Murphy of Livingston CID emphasised their commitment to finding those responsible and stated, "We understand the impact this type of crime has on the community and we will continue to use every tool and tactic at our disposal to find those responsible."
Knife offender assaults constable in Greenock police office
A knife carrying offender, Arthur Rennie, apologised after kicking out at a constable inside Greenock police office. Rennie, who had been found with a blade in a public place, lashed out after being locked up in a cell. Despite being jailed again, Rennie will be released due to the backdated sentence. Rennie was arrested after police officers discovered a knife in his trouser pocket. He pleaded guilty to two charges and was sentenced to 16 months in prison. His recent time in prison has stabilised him, but custody is having no effect on his offending behavior.
CRIME
Cannabis haul worth £1.2m found in Selkirk mill building
A major cannabis haul worth an estimated £1.2m has been discovered in an old mill building in Selkirk, in the Scottish Borders. Ch Insp Stuart Fletcher said: "Drugs cause misery in our communities and this is a significant recovery of cannabis plants. It is part of our ongoing work to tackle the supply of drugs across the area and keep people safe. We will always look to take action as a result of information about illegal substances and those responsible for their manufacture and supply".
TRANSPORT
West Highland steam train operators granted three-month extension
The operator of the West Highland steam train, West Coast Railways (WCR), have been granted a three-month extension to continue running the service. The future of the Jacobite, which runs from Fort William to Mallaig and featured in the Harry Potter films, was threatened by a requirement to modernise door locks on heritage trains. The Office of Rail and Road (ORR) had revoked the exemption that allowed steam trains to run on the main line. WCR argues that installing the required locking system would cost £7m and make the sector unviable. The Jacobite service brings around £25m annually to the UK economy. A decision on WCR's case is expected in the New Year.
 


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