Legal Matters Scotland
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31st October 2024

A free early morning round up of news for legal professionals across Scotland.
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INDUSTRY
Landmark ruling boosts rape case prospects
Scotland's legal landscape is shifting following a landmark ruling that could increase the number of rape cases reaching court. The majority of a nine-judge panel supported proposals from Lord Advocate Dorothy Bain, KC, allowing juries to consider third-party evidence in rape cases. Bain said: "This ruling removes a barrier to justice in sexual offence cases," highlighting the potential for more cases to be prosecuted. However, concerns were raised by Lady Paton regarding the risks of mistaken identity. The ruling follows a trend towards a more progressive justice system, aiming to improve access to justice for victims. The Crown Office and Procurator Fiscal Service will now review the judgment, which overturns a 1930s rule limiting the use of victim statements. Meanwhile, the proportion of sex crimes solved by police has significantly declined, with only 52.9% of rapes solved in 2023/24.
Mental health crisis costs law firms
Poor mental health among lawyers and staff is costing law firms an average of £65m annually, primarily due to presenteeism, where employees are physically present but not fully functioning. Research from Unmind indicates that 44% of respondents cited stress as the leading cause of mental health issues, with 43% feeling unfulfilled and 37% lacking support from their firms. The report highlights that larger firms with around 2,400 employees face the highest losses, while smaller firms lose about £6.8m each year. Dr Nick Taylor, chief executive of Unmind, stated: “Despite increased wellbeing investment, issues like absenteeism, burnout, and attrition are still rising in the legal sector.” The report recommends integrating mental health into leadership development and providing accessible support to improve overall wellbeing.

Addressing Law Society Concerns: How Denovo Helps Law Firms Ensure AML Certificate Data Accuracy

AML compliance is a vital responsibility for law firms, and the Law Society of Scotland has raised serious concerns about the accuracy of data submitted in recent AML certificate processes. With over 70 firms submitting incorrect information, the Law Society has warned of potential disciplinary action if these issues persist. Managing complex AML requirements can be challenging, but Denovo’s CaseLoad system offers a solution. Our AML Risk Assessment feature streamlines processes and helps firms meet compliance standards with ease.

Click to read more about how Denovo can help your firm avoid costly errors and disciplinary action.

 
FRAUD
Fraudulent ticket sales on the rise
Police in Scotland are urging the public to remain vigilant against fraudulent online ticket sales, with over 300 incidents reported in the first nine months of 2024. Notably, nearly two-thirds of these cases were linked to the Taylor Swift Eras Tour at Murrayfield Stadium. Inspector Alasdair Penny of Cybercrime Harm Prevention said: “We've noticed a trend in this type of crime reported around major events happening in Scotland.” He highlighted that fraudulent ticket sales accounted for 6% of cyber fraud incidents, but warned that the actual figures are likely much higher due to underreporting. The police are preparing for more high-profile events next year, including Oasis gigs and the TRNSMT festival, and are committed to raising awareness and tackling online fraud. They advise the public to check ticket authenticity and to be cautious of offers that seem too good to be true.

 
POLICING
Flat cash settlement threatens police numbers
Police Scotland has warned that a flat cash settlement could lead to a significant reduction in officer numbers, potentially dropping to 15,100 by March 2026. Chief Constable Jo Farrell highlighted the need for a 4.2% increase in the revenue budget, amounting to £59.1m, to maintain current staffing levels. Deputy Chief Constable Jane Connors stated: "If we do see a reduction... we have to review how we deliver our services." The force is also seeking multi-year funding to ensure future stability, as the current financial challenges threaten public safety and service delivery. The Scottish Government has pledged record funding of £1.55bn this year, but the force insists that more is needed to avoid operational consequences.
Police expect ‘no detriment' to budget from Commonwealth Games
Police Scotland has assured that hosting the Commonwealth Games in Glasgow in 2026 will not negatively impact its budget. Concerns had been raised regarding the financial strain on public resources, particularly in light of security costs. In a submission to the Criminal Justice Committee, Police Scotland stated: “It is our expectation that there will be no detriment to the policing budget arising from Glasgow hosting the Commonwealth Games in 2026.” First Minister John Swinney also indicated that funding for policing would be included in the overall budget for the Games, ensuring that all additional costs would be recoverable.
HOLYROOD
Nicoll quits SNP over mistakes
Alex Nicoll, former co-leader of the SNP in Aberdeen, has resigned from the party, citing a loss of confidence in current co-leader Christian Allard. Nicoll's departure follows a controversial vote that made city centre traffic bans permanent, which he described as part of "an awful lot of mistakes." He expressed dissatisfaction with how the situation was handled, explaining: "I can't have any confidence in Christian Allard's leadership any more." Although he has not formally resigned from the SNP, he has informed the group that he will not accept the party whip. Nicoll's decision comes amid ongoing criticism of the SNP's handling of various issues, including the Raac crisis affecting local homeowners.
FAMILY
Glitch could leave divorce orders void
A computer glitch led to 79 divorce orders being incorrectly approved, the High Court has heard. Sir James Eadie, representing the lord chancellor, explained that these divorces were granted prematurely, just a year after marriage, contrary to the law which requires a minimum of a year and a day. Eadie warned that if the court rules these orders void, it would have "significant legal and practical consequences" for the couples involved, many of whom have already remarried or are facing financial and familial complications. He stated: "For the couples concerned, those consequences are likely to be both highly unfortunate and highly unwelcome." The court's decision is pending.
WORKFORCE
Edinburgh Council urged to reconsider drug testing
Audit officers have recommended that Edinburgh Council "reconsider the introduction of alcohol and drug testing" due to concerns about staff potentially being under the influence while driving council vehicles. The audit report highlighted "strong concerns" regarding the use of substances, based on observed behaviours by fleet managers. Council leader Cammy Day emphasised the need for action if evidence suggests staff are impaired, while Iain Whyte, leader of the council's Conservatives, described the rejection of testing as "truly shocking." The council's current policy, which was agreed upon in May last year, does not support random testing, as it is viewed as "invasive and unnecessary" by trade unions. The report urges management to reconsider testing to ensure public safety, especially given the risks associated with large HGVs operated by the council.
PROPERTY
SNP urged to build houses for migration
Labour minister Martin McCluskey has urged the SNP to “build houses” in Scotland to facilitate inward migration, highlighting that a lack of housing is a barrier to attracting people. During a discussion ahead of the Budget, he noted that the Scottish Government should take action to address housing shortages in areas needing more residents. SNP MP Stephen Gethins pointed out that the SNP has consistently argued for increased migration to counteract Scotland's declining birthrate, which conflicts with UK Government policies aimed at reducing immigration. McCluskey said: "It's also for the Scottish Government to do things like build houses in areas where we need more migration.”
CASES
Fijian soldier convicted of bus assault
Joape Kotobalavu, a 29-year-old soldier from the Royal Regiment of Scotland, was found guilty of sexually assaulting a 16-year-old girl on a bus in October 2022. The victim bravely testified from behind a screen, recounting how Kotobalavu, who was intoxicated, forced himself on her by kissing and licking her face. She described feeling “disgusted” and scared during the incident, stating: “I was too scared that if I said stop or no, you just don't know where it was going to go.” The court, led by Sheriff Kathrine Mackie, deemed her a “credible and reliable witness,” and the CCTV footage corroborated her account. Kotobalavu has been placed on the sex offenders register, with sentencing deferred for social work reports.
Bomb scare leads to evacuations
Residents were forced to evacuate their homes and a major train line was closed following a bomb scare in Clydebank. Chris Gates, 26, appeared at Dumbarton Sheriff Court after a “suspect item” was discovered during a police search related to an ongoing investigation into a man's unexplained death. Gates was charged with illegal possession of ammunition, made no plea, and was remanded in custody. The Explosive Ordnance Disposal team safely detonated the device, ensuring public safety. Police confirmed there was no connection between the two incidents. Gates is scheduled to appear in court again within eight days.

 
STV
WESTMINSTER
Budget leaves levelling up fund in doubt
Chancellor Rachel Reeves' first budget since 2010 has raised concerns over the future of the levelling up fund, particularly for Tayside, Fife, and Stirling, which was previously promised £80m. Notably, Reeves did not mention the fund during her budget statement, leading Scottish Secretary Ian Murray to describe prior Conservative commitments as “headline grabbing gimmicks without any money attached.” Local council leaders and project heads have sought assurances regarding the promised funding, which now hangs in the balance. Key projects at risk include £20m for Dundee's regeneration, £20m for Arbroath's transformation, and £19m for Stirling's Forthside redevelopment, which aims to attract major film productions.
 


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