Legal Matters Scotland

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HOLYROOD
No confidence motion in Scottish Government defeated
A motion of no confidence in the Scottish Government, called by the Scottish Labour Party, has failed, with MSPs voting by 70 votes to 58 to reject the motion. Scottish Labour leader Anas Sarwar said the Scottish and UK Governments have been "unable to meet the ambitions, hopes and aspirations of the people", and that the country "is crying out for change". However, Scottish Green co-leader Patrick Harvie said the motion, following the announcement of First Minister Humza Yousaf's resignation, "portrays the true motives of others: chaos for the sake of chaos". If the motion passed, he said, the country could have faced an unexpected election and a new Government formed with "a little more than a year-and-a-half until the legally required dissolution for the 2026 election".



 
THE LAW
Scotland's housebuilders criticise new homes laws
Scotland's housebuilders have criticised the new homes laws introduced by the SNP and Green administration. They have raised concerns about permanent rent controls and questioned net zero targets for new-builds. Homes for Scotland, representing around 200 companies, has called for a review of the proposals and timescales after the Scottish Government changed its emissions reduction target. A study commissioned by Homes for Scotland found that 28% of Scottish households have some form of housing need. Jane Wood, CEO of Homes for Scotland, stated that the new laws are unlikely to increase the number of much-needed homes. The build-to-rent market in Scotland has been severely impacted, and there is a call for a review of net zero laws. Housing Minister Patrick Harvie defended the reforms, including rent controls, and emphasised the importance of investment in property quality.


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INDUSTRY
Ken Dalling elected as head of UK delegation to CCBE
Ken Dalling, former president of the Law Society of Scotland, has been elected as the new Head of the UK Delegation to the Council of Bars and Law Societies of Europe (CCBE). Founded in 1960, the Council of Bars and Law Societies of Europe (CCBE) is an international non-profit association which includes the bars and law societies of 46 countries from the European Union, the European Economic Area, and wider Europe.
New sheriff to be installed in Greenock
A new sheriff, Sean Lynch, will be installed in Greenock next week, filling the summary sheriff vacancy at Greenock Court. Lynch, a solicitor since 1984, has been a partner at McCluskey Browne and served as a temporary sheriff in 1999. He is one of three recent appointments in the North Strathclyde sheriffdom and one of 13 nationwide. The ceremony to welcome Lynch will take place on May 8.
PROPERTY
UK house prices fall slightly
UK property prices fell by 0.4% month-on-month in April, marking the second consecutive monthly decline, according to Nationwide Building Society. The annual rate of house price growth also decreased to 0.6% in April, down from 1.6% in March. The average UK house price in April was £261,962. Robert Gardner, Nationwide's chief economist, attributed the slowdown to ongoing affordability pressures. Peter Arnold, EY UK chief economist, reminds readers that month to month house price reports from lenders can be volatile adding that the latest data is unlikely to mark the start of a renewed fall in property prices.
CASES
Civil servants mount legal challenge to Rwanda Act
In what is thought to be the first case of its kind, civil servants are attempting to block a Government policy in the courts by seeking a judicial review of Rishi Sunak’s safety of Rwanda Act. The new legislation gives ministers the power to decide whether to comply with the European Court of Human Rights if it rules against a deportation. But the FDA union argues that civil servants could be in violation of the Civil Service Code - which obliges them to comply with the law - if they followed a minister’s demands to ignore an injunction from the Strasbourg court. Dave Penman, FDA general secretary, said the legal challenge is not about the policy itself, rather, that neither ministers nor guidance could overrule the obligation under the Civil Service Code to comply with the law. An Act of Parliament is required to do that.
Absentee owner challenges fire-hit hotel demolition
Malaysian businessman Sunny Ung, the absentee owner of the Station Hotel in Ayr, has launched a legal challenge against South Ayrshire Council's demolition of the building in the wake of a devastating fire in September last year. The council began demolition work on public safety grounds under Section 29 of the Dangerous Buildings (Scotland) Act. The council has previously said that Mr Ung "doesn't accept any correspondence" despite council efforts to contact him, and then-leader Cllr Peter Henderson said in 2021 that Mr Ung owed the council £1.2m for work carried out on the building. The matter is expected to come before the Court of Session in Edinburgh tomorrow.
SENTENCING
Offenders turn volunteers after community service
Offenders who are sent to do community service with Dumfries and Galloway charities often end up volunteering even after their punishment period is over. Charity organisations have been pleased with the extra help they receive for free and have built good relationships with the offenders. Various community groups, charity shops, and animal sanctuaries in the region have benefited from the contributions of these offenders. The positive feedback received from the charities highlights the success of the community service placements. The Dumfries and Galloway Council is considering expanding personal placements to other council workshops across the region to support motivation and encourage employability and training.
EMPLOYMENT
BBC accused of "grinding down" women on pay
Four senior female news presenters have accused the BBC of "grinding down" women on pay and failing to tackle persistent pay discrimination. The presenters, Martine Croxall, Karin Giannone, Kasia Madera, and Annita McVeigh, claimed they were discriminated against because of their sex, age, and union membership. They accused the BBC of conducting a "sham recruitment exercise" after losing their jobs due to the merger of domestic and global news channels. The women alleged that the BBC rigged the process of recruiting chief presenters for the new BBC News channel. The BBC denies the claims.
FRAUD
Insurance scammers fake damage to cash in
The insurance industry has warned that the rise of 'shallowfakes' is contributing to increased insurance costs. Cases of using apps to manipulate real images, videos, and documents have risen by 300% in 2023, according to insurer LV. The Association of British Insurers reported a 33% increase in comprehensive car insurance prices compared to the previous year. However, the ABI also noted that insurers have absorbed significant cost rises to keep prices relatively stable.
BREXIT
British sovereignty over Gibraltar at risk
European judges would be able to rule on disputes involving Gibraltar under a new Brexit deal being negotiated with Brussels, ministers have admitted. The terms of the pact would mean that Gibraltar would have to follow some EU rules in return for a more open border with Spain. Tory MPs are concerned about the potential loss of sovereignty in the negotiations. Lord Cameron, the Foreign Secretary, is leading talks with the European Union over a new deal for Gibraltar.
ECONOMY
Weak growth ahead for Scotland
Scotland can expect a gradual economic recovery and steady growth over the medium term, according to a report by KPMG. The firm’s first ever Scottish Economic Outlook report highlights that economic momentum will be underpinned by consumer spending, thanks to a recovery in people's real incomes and a relatively low propensity to save. However, the outlook for investment is weaker. The report forecasts growth of 0.4% for the Scottish economy this year, with that rate expected to pick up to 1% in 2025. The challenges to the long-term growth outlook include slowing population growth and a decline in North Sea oil activity. Despite these challenges, there are reasons for optimism, such as solid consumer demand and the adoption of new technologies.
 


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