Legal Matters Scotland
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11th July 2024

A free early morning round up of news for legal professionals across Scotland.
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PRISONS
'Prison perpetuates poverty'
Sean Duffy, chief executive of the social enterprise Wise Group, says a major overhaul of punishments and interventions is required in Scotland. The country has one of the highest imprisonment rates in western Europe, with more than 130 individuals per 100,000 population entering prison last year. Duffy says: "Prison perpetuates poverty. Offenders lose their wages and jobs while in prison. Their accommodation, families, communities. Ongoing unemployment on release impacts former inmates and is an indicator for higher reoffending rates. Families and loved ones are also affected." He adds: "What we need is fresh thinking which recognises that a well-functioning justice system helps to tackle poverty too. We also need a shift in public attitudes." Duffy welcomes Sir Keir Starmer’s appointment of James Timpson as the new prisons minister for England and suggests the Scottish government "will be looking at this closely."


Legal Tech Adoption: A Football Strategy

As the excitement of Euro 2024 accelerates towards the final in Berlin and football fever sweeps across Europe, we at Denovo couldn’t help but draw parallels between preparing a football team for a major tournament and the strategic adoption of new technology in a law firm.

Just like a well-oiled football team needs careful planning, dedicated training, and seamless execution to triumph on the big stage, integrating new legal tech into your practice demands a similar approach. Let’s break down how you can tackle this challenge head-on, football style.

Read more

 
CASES
Limbs in the Loch killer loses legal battle over evidence in UK's highest court
Convicted murderer William Beggs has lost his legal battle over evidence related to his conviction in the UK's highest court. Beggs, who has already cost the taxpayer over £1m in legal challenges, has been trying for more than 14 years to force the police to reveal information about their investigation into him. The 60-year-old was jailed for life in 2001 for the murder of Barry Wallace, 18, and disposing of his body parts in Loch Lomond and the sea. Despite maintaining his innocence, the Court of Criminal Appeal ruled that there had been no miscarriage of justice. Beggs believes there is evidence that could assist his claim and has repeatedly challenged to recover CCTV footage and information about the police investigations. However, the Supreme Court has now refused his permission to appeal, stating that it does not raise an arguable point of law. Beggs has become a serial litigant while in prison, lodging numerous appeals and complaints.
Airlines must pay for delays due to crew illness
UK airlines face paying out millions of pounds after the Supreme Court ruled crew sickness does not exempt them from cancellation compensation claims. The case in question involved a couple who were booked on a British Airways CityFlyer flight that was cancelled due to the pilot falling ill. The Supreme Court's unanimous judgement stated that crew sickness cannot be considered an extraordinary circumstance and airlines must compensate passengers accordingly. Passengers who have had claims rejected in the past six years can now reapply for compensation. The ruling is seen as an important step in protecting air passengers' rights. Airlines are expected to increase fares to cover the compensation payouts.
Man, 72, and dead wife named legal parents of surrogate-born son
A 72-year-old-man and his deceased wife have been granted permission to become the legal parents of a three-year-old boy who was born to a surrogate mother in the US. The case, taken under the terms of the 2008 Human Fertilisation and Embryology Act, was heard at Edinburgh sheriff court and follows the unexpected death of the man’s wife. In her ruling, Sheriff Wendy Sheehan said that despite concerns over the man’s age, the future welfare of the boy would benefit from the couple being recognised as his legal parents.
Mother walks free after stabbing lover to death in self-defence
A mother who stabbed her lover to death has been acquitted by a jury in Dundee. Kerri Hutcheson admitted to stabbing Graeme Hutcheson in the heart during a row but claimed self-defence. Hutcheson said she threw up her hands and pushed the blade, resulting in the fatal stabbing. Hutcheson, who worked as a carer, told the court that she was trying to defend herself when Mr Hutcheson came at her with a knife. The jury returned a not proven verdict.


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INDUSTRY
Secure unit for children in care a 'hellhole', inquiry hears
A secure unit for children in care was a "hellhole", with frequent violence, an inquiry has heard. A woman who was housed at the Cardross Park Assessment Centre near Helensburgh, Argyll and Bute, in the 1990s described how children’s shoes were removed so they could not run away from the institution. She also told of her distress at being the only girl on the unit when she was sent there aged 12. The secure centre, which is now closed, is one of the three residential children’s institutions being examined by the current chapter of the Scottish Child Abuse Inquiry, chaired by Lady Smith. The woman appeared at the inquiry in Edinburgh on Wednesday under the pseudonym, Lucy.

 
STV
EMPLOYMENT
Over 15k firms pay Real Living Wage
Over 15,000 businesses in the UK have joined the Real Living Wage movement, which ensures staff earn £12 per hour across the UK and £13.13 in London. Since 2021, 7,500 employers have signed up, with nearly 1,500 joining in 2024 alone. Katherine Chapman, director of the Living Wage Foundation, said: "Our growing network of accredited employers is committed to always paying their staff a wage based on the cost of living. Since the Living Wage movement began over 20 years ago, over 460,000 workers have received pay rises and it over £3bn has been put back into the pockets of low paid workers."
ECONOMY
Scotland pulls in bigger share of foreign investment
Scotland secured a higher proportion of UK foreign direct investment (FDI) last year, according to EY's latest annual Scotland Attractiveness Survey. Scotland secured 124 projects classified as FDI in 2023, up by 13% on the previous year, with Scottish projects representing 14.4% of the UK total - up from 13.6% in what was a fifth consecutive annual increase. The US, Germany and France accounted for the highest numbers of projects, with 27, 20 and ten respectively. EY Scotland managing partner Ally Scott said: "Scotland has demonstrated yet another very strong performance, both in attracting FDI and retaining the confidence of investors."
SOCIAL
Pilot scheme will give free bus travel to asylum seekers
SNP ministers will "develop and deliver" a pilot giving asylum seekers free bus travel in the next year. The plan is subject to a petition before a Holyrood committee, but former first minister Humza Yousaf said in September that it was under "active consideration." According to the delivery plan for the Scottish government’s New Scots Refugee Integration Strategy, which was published on Wednesday, the pilot will be in place by the end of this financial year.


 


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