Legal Matters Scotland
Sign UpOnline Version
28th March 2024

A free early morning round up of news for legal professionals across Scotland.
Sign up here for your free daily edition

THE LAW
Scotland poll reveals overwhelming support for assisted dying law change
The biggest ever poll in Scotland on assisted dying has revealed that every single constituency supports a change of the law. The study, carried out by Opinium Research on behalf of Dignity in Dying Scotland, found that 78% of respondents said they would support making it lawful for someone to seek assisted dying in Scotland and just 15% oppose the move. The revelation comes as Scottish Lib Dem MSP Liam McArthur launches his members' bill today to legalise assisted dying. Under his plans, the proposals would enable mentally competent adults with a terminal illness to be legally provided with assistance to end their lives if they wish to do so. "As Liam McArthur's Assisted Dying for Terminally Ill Adults Bill is published in the Scottish Parliament, the message from constituents to their MSPs is strikingly clear - it is time to change the law and vote to support lawful for seek assisted give dying people the choice of safe and compassionate assisted dying," said Ally Thomson, director of Dignity in Dying Scotland.
Transgender judge seeks to join landmark supreme court case on legal recognition
The Guardian reports that the UK's first transgender judge, Victoria McCloud, is seeking to join a crucial Supreme Court case that could overturn legal recognition of transgender people. The senior civil judge, is making an application to be an "intervener" in the supreme court appeal brought by the campaign group For Women Scotland about the legal definition of "woman". For Women Scotland is challenging whether Scottish government legislation aimed at improving gender balance on public boards should include transgender women. McCloud, who is supported in her application by the Good Law Project, is concerned that the effect of a successful appeal - which would affect the whole of the UK - would be to reverse her birth certificate, deeming her to be male under equality law. 


What makes the best case management software for conveyancing solicitors?

Law firms around the country are stepping into the future of property transactions with Denovo's revolutionary conveyancing software. Manual tasks are a thing of the past and automation has taken its place. From client intake to e-signatures, property search, data collection to document management, every step of the conveyancing journey is simplified. Denovo are going a step further than other Scottish providers with full integrations that enhance your workflow. Seamlessly communicate with stakeholders, order searches with a click, and conduct KYC/AML checks effortlessly—all within one comprehensive platform. Worried about security? Rest easy knowing that Denovo complies with the latest cybersecurity standards, backed by trusted partners like Microsoft. Plus, our expert customer service team is always here to support you, ensuring a smooth onboarding process from outdated, underperforming platforms.

Read more if you are interested in transforming your conveyancing practice into a smart, efficient, well-oiled machine.

 
INDUSTRY
Yousaf expresses concerns over blanket pardon of Horizon scandal postmasters
A blanket pardon of Horizon scandal postmasters in Scotland could result in rightful convictions being overturned, according to Humza Yousaf. It comes just days after Justice Secretary Angela Constance backed calls for a UK-wide pardon, despite fears it would be incompatible with Scots law. The UK Government rejected a plea from Mr Yousaf earlier this month to extend its legislation to cover Scotland because of concerns about the separate legal system. Yousaf said if Holyrood were to "almost mirror the broad scope" of the UK Bill "we would be in danger of overturning convictions" and the public would "be pretty horrified". Around 100 Scottish postmasters were convicted of theft due to faults with the Horizon computer system. Mr Yousaf has admitted that Scots Horizon victims will not see justice until after those in England and Wales. The UK Bill may not conclude until the end of July.
Lawyers need better understanding of emotional journey, says report
A study by the International Chamber of Commerce suggests that lawyers need a better understanding of the "emotional journey" of the businesses they advise, as well as local values and practices to avoid cross-border disputes. The study of over 1,700 mid to senior-level managers indicated that the cultural backgrounds of business people and organisations profoundly influence their approaches to acquiring, maintaining and ending relationships. According to research, where conflicts arose, 50% of those questioned attributed contract failure to weak relationships between the parties, with the other half blaming contractual issues or performance. The report suggests that the ability of lawyers to understand relationships also affects a company's choice of external counsel. Some 47% of survey respondents said that they would prioritise individuals or firms showing cultural sensitivity. Roland Ziadé, an international arbitration partner at Linklaters, says there is an increasing move for lawyers to be "emotionally and culturally intelligent" as well as "legally savvy". He says the report reminds in-house and external counsel of the benefits of multilingual teams with cross-cultural experience. Jon Newman, a partner at Kirkland & Ellis, says that "emotional intelligence is a critical skill for lawyers" - but most do not understand that point as they focus on the legal or commercial aspects of their roles.


Hatch new plans this Easter and join the list for Plug & Play Law

Plug & Play Law gives you more of the fees you generate; complete freedom of how, where and when you work; and allows you to focus on doing the legal work that you love to do. Are you thinking of hatching new plans this Easter for your next move in legal practice? If you join the Spring Plug & Play Law Waitlist you will become part of Inksters' inner circle community, giving you priority access and information. In particular, you will find out soon if Plug & Play Law is a good fit for you. Time to spring into action and join the Plug & Play Law waitlist now!

Read more

 
FIRMS
Jones Whyte announces series of promotions
Jones Whyte has announced a series of promotions across the firm. Roisin Gunn, Kiera Lambie, Ryan Morton, Rebecca Devine, from the private client department have all been promoted to associate solicitor. In the personal injury department, Tanya Bagri and John Bayne have also been promoted to the position of associate solicitor. Additionally, Chloe Cairns and Steven Bain have both been promoted to the role of senior solicitor in the family department.
CASES
Former teacher guilty of 'sadistic cruelty' towards pupils
A former teacher at a private school in Edinburgh has been found guilty of "sadistic cruelty" towards pupils, including BBC presenter Nicky Campbell. John Brownlee physically and emotionally abused dozens of children between 1967 and 1991 at Edinburgh Academy. Despite the ruling, the 89-year-old will not face punishment as he was deemed unfit to stand trial. The abuse involved slapping, kicking, and punching, with some students being left unconscious.
POLICING
Improvements needed in Fife police custody centres, says report
Record-keeping, risk assessment, and care planning in Fife police custody centres have been flagged for improvement, according to a report by HM Inspector of Constabulary in Scotland (HMICS). The report highlighted concerns about the centres, including omissions in documentation, provision of food and drink, and contact with named persons. Inspectors made 15 recommendations for Police Scotland and the NHS. The report also noted issues with the discrepancy between risk assessments and care plans. The inspection, conducted by HMICS and Healthcare Improvement Scotland, examined custody centres in Dunfermline and Kirkcaldy. The report comes after a 35-year-old man died while in custody at the Kirkcaldy centre in January. The Police Investigations and Review Commissioner (Pirc) is currently investigating the death.
PROPERTY
Housing bill could ban rent increases
Landlords in Scotland may face a ban on increasing rent in certain areas under the new Housing (Scotland) Bill. The bill requires local councils to assess the state of the private rented sector and make recommendations to the Scottish Government regarding rent controls. While the bill does not specify the controls, it does state that rent increases would be capped during and between tenancies. Additionally, the bill proposes putting more duties on public authorities - including councils, the police and the health service - to ensure people do not become homeless. They would be required to inquire about the housing circumstances of those they interact with and provide support or refer them to their local authority, which will be required to act six months before homelessness is imminent, instead of the current two months.
DATA PRIVACY
Hackers threaten to publish huge cache of NHS data
A ransomware group is threatening to publish a huge cache of stolen data following a cyber attack on a Scottish health board. NHS Dumfries and Galloway warned earlier this month that hackers could have acquired “a significant quantity” of patient and staff information. A group calling itself INC Ransom has now said it will make public three terabytes of data unless its demands are met. Jeff Ace, the health board's chief executive, said patient-facing services were functioning "effectively as normal" after the attack on IT systems earlier this month. He said that as part of the response, the health board will be making contact with any patients whose data has been leaked. He said: “We absolutely deplore the release of confidential patient data as part of this criminal act. “NHS Dumfries and Galloway is very acutely aware of the potential impact of this development on the patients whose data has been published, and the general anxiety which might result within our patient population.”
 


Legal Matters Scotland is designed to help you stay ahead, spark ideas and support innovation, learning and development in your organisation.

The links under articles indicate original news sources. Some links lead directly to the source material. Others lead to paywalls where you may need a subscription. A third category are restricted by copyright rules.

For reaction and insights on any stories covered in Legal Matters Scotland, join the discussion by becoming a member of our LinkedIn Group or Business Page, or follow us on Twitter.

 

Follow us on FacebookFollow us on TwitterFollow us on Linkedin

This e-mail has been sent to [[EMAIL_TO]]

Click hereto unsubscribe