Legal Matters Scotland
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30th April 2024

A free early morning round up of news for legal professionals across Scotland.
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HOLYROOD
Leadership contest looms as First Minister resigns
Humza Yousaf has announced his resignation as First Minister and leader of the SNP ahead of two no confidence votes at Holyrood called by the Scottish Conservatives and Scottish Labour, and in the wake of his decision to end the SNP's Bute House Agreement with the Scottish Greens. Mr Yousaf said he had underestimated "the level of hurt and upset" caused by that decision, adding that for "a minority government to be able to govern effectively trust when working with the opposition is clearly fundamental". While Mr Yousaf said it was "absolutely possible" to navigate the no confidence votes, in Mr Yousaf as First Minister and in the Scottish Government, including by agreeing a deal with former SNP MSP Ash Regan, now with the Alba Party, he was "not willing to trade in my values or principles or do deals with whomever simply for retaining power". Alba leader Alex Salmond has claimed that the "old guard" of the SNP would not countenance such a deal. Former Deputy First Minister John Swinney and former Finance Secretary Kate Forbes, who narrowly lost out to Mr Yousaf in the party's last leadership contest, have been mooted as possible successors.



 
THE LAW
Scotland to consult on tightening laws against SLAPPs
The Scottish Government has approved a petition to tighten laws against Strategic Lawsuits Against Public Participation (SLAPPs), and will consult on the issue in autumn this year. SLAPPs involve rich individuals or corporations threatening legal action against journalists, media outlets, or campaign groups to suppress compromising information. While anti-SLAPP legislation is being developed in Westminster and Brussels, Scotland has remained quiet on the issue until now. There are concerns that Scotland could become a haven for libel tourism if legislation is not introduced. Academics warn that SLAPPs could overburden the court system and impact the efficient functioning of the judicial system. The consultation is expected to result in stronger anti-SLAPP laws, despite pushback from legal firms.
New laws protect consumers from cyber attacks on smart devices
New legislation in the UK requires manufacturers of smart devices to publish contact details for reporting bugs and issues. The laws aim to protect consumers from hacking and cyber attacks by enforcing minimum-security standards. Manufacturers must ensure that internet-connected devices are safeguarded against access by cyber criminals and ban weak default passwords. Users will be prompted to change common passwords. The legislation also requires manufacturers to be transparent about security update timings. The Department for Science, Innovation and Technology believes that these measures will give customers confidence in purchasing and using smart devices. The laws are part of the product security and telecommunications infrastructure regime, which strengthens the country's resilience against cyber crime.


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INDUSTRY
Sex attack victim calls for more protection in court
A sex attack victim in Scotland, known only as Shannon, has criticised the justice system for failing to protect victims in court. Shannon launched a legal action against Lord Advocate James Wolffe QC, Scotland's top law officer, claiming that her treatment in the courtroom breached her human rights. Shannon's case was settled out of court in 2021, and she was awarded £35,000 in damages. However, a recent complaint from another victim, Ellie Wilson, highlighted the need for better protection, as her rapist's defense lawyer repeatedly crossed the line during the trial. Shannon is now calling for increased protection for victims in court, stating that victims should not have to defend themselves when they are not the ones on trial.
PROPERTY
Council prepares for £4m RAAC project
West Lothian Council has confirmed that a £4m programme of work to address reinforced autoclaved aerated concrete (RAAC) panels discovered in 69 individual council homes and 15 blocks of flats is expected to begin in August and continue until December 2025. A report to the council's housing services panel also noted that the council "remains committed to providing ongoing support and information to private home-owners carrying out their own re-mediation process", although "the maintenance and repair of private properties remains the sole responsibility of their respective owners".
CASES
Judicial review over Aberdeen ETZ can move forward
The Court of Session has accepted a petition for a judicial review into Aberdeen City Council's handling of proposals for an Energy Transition Zone (ETC) that threatens St Fittick's Park, with the Friends of St Fittick's Park campaign group arguing the council has failed "to exercise its duties under the Equality Act 2010" and arguing that a councillor has an "apparent interest" in the project. The group said the decision "will bring some respite for the local campaigners who have spent much time over the past four years fighting to expose the injustice and flaws of the plans".
EMPLOYMENT
Vacancies fall again in March
Job vacancies fell by more than 17% in the year to March, according to analysis from jobs search engine Adzuna. The labour market report also shows that vacancies fell 0.5%, month-on-month. The total number of vacancies fell by 862,000, with this marking the fifth consecutive month where there was a decline in job openings. The report shows that there are 1.87 jobseekers per vacancy. This is the highest since August 2021 and is up from 1.49 a year ago. Adzuna found that advertised salaries rose by almost 3% over the past year and increased by 0.4% between February and March. The average earnings on listed job postings stood at £38,638. Andrew Hunter, co-founder of Adzuna, warned of a “difficult” environment for jobseekers, saying: “Vacancies have fallen again in March, unemployment is up and competition for open roles is intensifying across most sectors.”
CRIME
Police Scotland investigates death threats against senior law officer
Police Scotland have launched an investigation into death threats made against the country's most senior law officer, Lord Advocate Dorothy Bain. The threats were delivered in a letter to her home in Edinburgh and also questioned her impartiality as the Scottish Government's legal adviser. Police have spoken to at least one member of Bain's family as a precaution. The security measures taken by police in response to the threats are unknown. Bain's husband, Lord Turnbull, is a high court judge and former prosecutor. The investigation is currently underway, with Police Scotland carrying out inquiries in the Edinburgh area. The Crown Office declined to comment on the matter.
IMMIGRATION
Sunak rejects deal with Dublin over asylum seekers
Rishi Sunak has rejected a proposed deal with Dublin to return migrants to the UK, citing concerns from Irish officials about asylum seekers crossing the Northern Irish border. The UK Prime Minister stated that he is not interested in pursuing a deal with Ireland when the EU does not accept returns back to France. The issue of asylum seekers crossing to the Republic of Ireland was seen as an indication that the UK's Rwanda scheme was working as a deterrent. The UK government intends to deliver on the issue of asylum seekers but does not want to upset its relationship with Ireland. Irish ministers are expected to discuss emergency legislation to address the concerns.
ENVIRONMENT
Council acts after trees poisoned with weedkiller
Midlothian Council has issued an emergency Tree Preservation Order (TPO) to protect a group of trees at Newbattle Road in Eskbank after officers reported that 10mm holes had been drilled into at least a dozen trees and a "pink liquid" believed to be weedkiller sprayed into the holes. The discovery followed the planning committee's decision to authorise council officers to contact the procurator fiscal's office over the felling of two trees in the area without planning permission. Councillors will today consider whether to make the TPO permanent, while the case regarding the felled trees is ongoing.
BREXIT
Post-Brexit border checks could deliver increased costs and delays
New physical product inspections at UK ports may incur costs and increase supply chain delays, business owners have warned. As of today, physical inspections will be introduced at UK ports on animal products, plants, and plant products coming from Europe. Business owners and industry leaders have voiced concerns about the potential disruption caused by the reforms, pointing to price inflation and product availability issues. The new system will include a "common user charge" and additional costs for inspections, with the new fees set to cost businesses an additional £60,000 to £70,000 a year. Kate Foster, head of international at the Federation of Small Businesses, warned that the flat user fee could have a negative impact on small businesses that import goods of “low value and low volume” compared with larger companies. She said: “We're concerned that it would impact small businesses' ability to trade internationally, because the cost impact has the potential to be disproportionate.” 
 


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