Legal Matters Scotland

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THE LAW
Post Office law will see guilty people acquitted, says Dunlop
Roddy Dunlop KC, dean of the Faculty of Advocates, has claimed that emergency legislation to quash convictions for Scottish sub-postmasters impacted by the Horizon scandal is a “misstep” which will see guilty people acquitted. Angela Constance, the Scottish justice secretary, confirmed that the Post Office (Horizon System) Offences (Scotland) Bill will result in those who were wrongly convicted being exonerated and, with their convictions quashed, they will then be able to access the UK government’s financial redress scheme. However, Dunlop stated that the solution to the Horizon scandal in Scotland “should have been left with the courts”. He said: “I recognise immediately why the Scottish government is proceeding in this way. The understandable outcry over the Horizon scandal can doubtless be said to be unprecedented.” He added: “Legislation is a blunt tool. It means that people who were actually guilty will be acquitted, and be entitled to compensation.”


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PROPERTY
Labour make second bid to declare national housing emergency
Scottish Labour will today use debating time at Holyrood to bring forward a second motion declaring a national housing emergency, with the party having urged the Scottish Greens to back the motion. Labour housing spokesperson Mark Griffin said the Scottish Government "has not only ignored this crisis but actively fanned its flames with its brutal cuts to the housing budget", and said the Greens, following the collapse of the Bute House Agreement, "have an opportunity to hold the SNP government to account for a litany of failures on housing, including plans to tear up the Bute House Agreement affordable housing pledge". Elsewhere, SNP administration councillors on Dundee City Council's neighbourhood regeneration, housing and estate management committee have voted down a Scottish Labour motion seeking to declare a housing emergency in the city.
Self-catering body renews calls for changes to STL licensing
The Association of Scotland's Self-Caterers (ASSC) has urged First Minister John Swinney to launch a "fundamental reconsideration" of the Scottish Government's short-term let (STL) regulations, which the organisation claims "continues to pose significant problems for small businesses throughout the country". CEO Fiona Campbell said: "We hope that the change of leadership at the top can provide a much-needed reset in relations and instil a genuine and meaningful New Deal for Business with demonstrable action, not just words." The ASSC has called for the introduction "of a registration scheme with mandatory health and safety criteria", or for the amendment of the Scottish Government's Licensing Order "to clarify the relationship between planning and licensing".
Scottish ministers given new powers to tackle cladding
The Housing Cladding Remediation Bill, which will give ministers power to assess and carry out remediation on buildings with unsafe cladding, passed unanimously at Holyrood earlier with 116 votes for and none against. The Scottish government's housing minister Paul McLennan said the new legislation was a "landmark moment." He added: "The unanimous passing of this legislation will allow us to accelerate our work by addressing barriers to assessment and remediation and give homeowners and residents confidence in work carried out." Mr McLennan said the bill will ensure "faster delivery" of the remediation programme.


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IMMIGRATION
Government denies deliberate policy to prevent asylum seekers accessing legal aid
Justice Secretary Alex Chalk has insisted that asylum seekers at risk of being deported are not being removed from Scotland to England to deny them legal aid. It comes after SNP home affairs spokeswoman Alison Thewliss questioned if it was the Government's “deliberate policy” to move asylum seekers in order to prevent them challenging a potential removal, including to Rwanda. SNP Anne McLaughlin (Glasgow North East) had previously confirmed in early May said that a 21-year old migrant in her constituency was detained in Scotland and taken to England, adding that she was unable to get information from the Home Office in relation to his status. However, Mr Chalk replied: “The first answer to the first question was no, that isn't correct. But the point about legal advice is really important. People should get legal advice so that they can make their points, that's why we're investing heavily. When the IMA (Illegal Migration Act) comes into force, there'll be a 15% uplift, we've invested £1.5bn to re-accredit senior case workers, and also we're paying for travel time.” He added: “We recognise, of course, this is robust legislation, necessarily robust. We're also ensuring that people get the legal advice they need.”
INDUSTRY
Differing workplace attitudes pose biggest challenge for junior lawyers
New research has found that over a third of law firms (36%) said that the biggest hurdle for junior lawyers when entering the legal profession in the coming years will be dealing with the difference in workplace attitudes between themselves and their older colleagues. The research undertaken by Legal Cheek found that Generation Zers (those aged between 12 and 27) are more likely to prioritise career advancement and opportunities for skills development, often seeking out new experiences and challenges early in their careers. They are also most likely respond well to collaborative and inclusive leadership styles, preferring frequent check-ins and guidance from their superiors. The study also identified addressing potential “knowledge gaps” (31%) as another significant challenge for those entering the profession, alongside the ability to effectively manage mental health (11%).
TECHNOLOGY
Klarna's lawyers using AI to draft contracts
Klarna has confirmed that its in-house lawyers are using OpenAI's ChatGPT to help reduce the time it takes them to draft time-consuming contracts. Selma Bogren, senior managing legal counsel at Klarna, said: “The big law firms have had a really great business just from providing templates for common types of contract. But ChatGPT is even better than a template because you can create something quite bespoke. Instead of spending an hour starting a contract from scratch or working from a template, I can tweak a ChatGPT draft in about ten minutes. You still need to adapt it to make it work for your particular case but instead of an hour you can draft a contract in ten minutes.” Klarna said that nine in ten of its employees are using generative AI to boost productivity and save time on administrative tasks, freeing them up for strategic and creative work.
CASES
Retired teacher murdered after being duped on dating app
A retired Fettes College teacher, Peter Coshan, was lured to his death after being duped on a gay dating app by a man who stole thousands of pounds from him. Paul Black is on trial at the High Court in Edinburgh where he denies murder and 17 other charges including stealing a total of £50,000 from Mr Coshan and disposing of his body in Northumberland. Coshan's lover, Paul McNaughton, has pleaded guilty to murder and perverting the course of justice. McNaughton revealed that they planned to suffocate Coshan in order to steal his life savings of £102,000. The trial, before Judge Lord Scott, continues at the High Court in Edinburgh.
 


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