Legal Matters Scotland
Sign UpOnline Version
8th November 2024

A free early morning round up of news for legal professionals across Scotland.
Sign up here for your free daily edition

COURTS
Court cases fast-tracked after bonfire night chaos
On Bonfire Night and Halloween, large groups of youths in Edinburgh attacked emergency service workers and bus drivers with fireworks, bricks, and bottles. Edinburgh Council leader Cammy Day condemned the “deplorable” violence, stating it was the worst disorder the police had ever witnessed. In response, he has requested that court cases for those arrested be fast-tracked. Over the week, 19 arrests were made, with six individuals charged under the Fireworks and Pyrotechnic Articles Act. Day highlighted the impact on public transport, noting that 10,000 bus journeys were disrupted. He emphasised the need for community support to combat this growing antisocial behaviour, stating: “It can't be the new norm in Edinburgh that come the end of October we accept that public servants are attacked doing their job.” Scottish Secretary Ian Murray also condemned the violence, calling for a ban on fireworks sales to prevent future chaos.



 
PROPERTY
UK house prices hit record high
In October, UK house prices increased by 0.2%, marking the fourth consecutive monthly rise and reaching a record average of £293,999, surpassing the previous peak of £293,507 set in June 2022. Amanda Bryden, head of mortgages at Halifax, noted: “Average UK house prices nudged up 0.2% in October, continuing the positive momentum of recent months.” Despite this growth, challenges remain, including borrowing constraints and the impending end of Stamp Duty relief. Nathan Emerson, CEO of Propertymark, suggested that the housing market might gain momentum as buyers act before potential Stamp Duty increases in April 2025. Overall, the current trends indicate a resilient property market, with various regions experiencing notable annual increases. Prices in Scotland rose by 1.9% to an average of £206,480.

 
FRAUD
SFO gets £9.3m boost to fight fraud
City AM picks up on news that the Serious Fraud Office (SFO) is set to receive an additional £9.3m in funding to enhance its capabilities in combating fraud. Attorney General Lord Hermer KC stated: “This Government is committed to cracking down on fraud and this additional funding will modernise SFO's services.” The funds will support a new asset confiscation enforcement team and improve the SFO's disclosure capabilities and case management system. A report by HM Crown Prosecution Service Inspectorate highlighted the need for more funding to address ongoing disclosure issues. The SFO's budget for 2024/25 is £83.8m, increasing to £88.9m for 2025/26. Additionally, the Crown Prosecution Service (CPS) will receive £49m to bolster support for victims of crime, particularly in Rape and Serious Sexual Offence units.
THE LAW
Legal experts call for dog law reform
Teddy Kerr, a five-year-old boy, suffered life-changing injuries from an attack by an XL Bully, highlighting the urgent need for a review of current dog legislation. The Record reports that such incidents are alarmingly frequent, with XL bully-type dogs being responsible for over half of dog-related fatalities in the UK over the past two years. The paper criticises the Scottish Government for its slow response to calls for a ban on these dangerous breeds, stating: "The law does not go far enough to protect the public." Additionally, the Record addresses the failure of MSPs to meet climate targets, with some missing crucial votes for a Commonwealth Parliamentary Conference.
SOCIAL
Care complaints up in Glasgow as councillors criticise double-counting
A Glasgow City Council report has revealed a sharp rise in the number of complaints regarding care services - from 277 in 2023 to 445 in 2024 - while social work complaints rose from 528 to 676 over the same period. However, Cllr Ricky Bell noted that under the current system, a fresh grievance is recorded when a complaint moves between escalation stages, inflating the reported numbers. Cllr Bell described as "completely idiotic" a system "whereby we double count our complaints and then don't tell anybody that". Council officials confirmed that a planned replacement recorded system should resolve the double-counting issue and "report more accurately".
TRANSPORT
Ferry disruption leaves islanders facing 'challenging' winter
Transport Secretary Fiona Hyslop has said that this winter will be "challenging and difficult" for island communities - telling MSPs that she is pushing ferry operator CalMac to consider "all options" to maintain lifeline services following news that the MV Caledonian Isles, the main Arran ferry, may be out of commission all winter. "Ministers and officials continue to push CalMac to ensure all options to expedite repairs are being considered", she said, and while vessel redeployments are being considered, the importance of the Arran route has to be weighed against the maintenance of lifeline services elsewhere in a "difficult balancing act". Scottish Conservative MSP Jamie Greene criticised the SNP for failures across "this entire ferry scandal", blaming "the lack of investment, the lack of progress in new vessels" for worsening disruption.
HEALTH
Almost 9k people spent more than a day waiting in A&E
New figures obtained by Scottish Labour have revealed that almost 9,000 people spent more than 24 hours waiting in A&E departments in Scotland over the first nine months of the year - with party leader Anas Sarwar saying: "That’s a full day waiting for treatment. That is more than the entire number waiting longer than 24 hours in 2023." More than 200 people, he added, were left waiting for more than two days to be seen. Responding, First Minister John Swinney said the Scottish Government had taken "tough decisions" on tax to invest in the NHS "in excess of Barnett consequentials".
WILLS
Pensioners rush to rewrite wills
Pensioners are increasingly concerned about the impending inheritance tax on pensions, leading many to revise their wills. Following Labour’s Budget, which revealed that inherited pensions will be taxed similarly to other assets from April 2027, law firms have reported a surge in enquiries. James Ward from Kingsley Napley said clients are keen to ensure their pensions are left to their children before the tax applies. He added: "However, they have been drafting in a change in April 2027 so that after that date it will go to their spouse and therefore pass free of inheritance tax." Critics argue that this policy may shift the purpose of pensions from retirement funding to wealth transfer.
FINANCE
Finance Committee 'deeply concerned' over lack of long-term strategy
The Scottish Parliament's Finance Committee has published its pre-Budget scrutiny report - with convener Kenneth Gibson saying the committee is "deeply concerned about the Scottish Government's lack of strategic approach to managing Scotland's public finances", with "little evidence of medium and long-term financial planning". Mr Gibson said year-on-year budgeting "has become increasingly challenging, with significant emergency controls being required in each of the last three years", and that while recognising that "devolved governments have fewer flexibilities to deal with 'shocks' …  many issues impacting the 2024-25 Budget – such as higher than anticipated pay settlements and increasing social security payments – could have been foreseen and mitigated when the Budget was set, last December".
CASES
Archbishop considers resignation amid scandal
The Archbishop of Canterbury, Justin Welby, revealed he contemplated resigning following a report detailing the abuse by John Smyth QC, who victimised over 100 boys and young men. The independent review concluded that Smyth's abuse was concealed within the Church of England for years, with Welby stating: “I have given it (resigning) a lot of thought.” The report indicated that Smyth could have been reported to authorities in 2013, which might have led to earlier justice. Welby expressed deep regret for the abuse and acknowledged failures in the Church's response. The Church has committed to implementing the report's 27 recommendations to prevent future abuses.
Parking dispute escalates to court
William Gilbertson and his daughter Lynne were found guilty of racially aggravated behaviour following a parking dispute with their neighbour, Michelle Anderson. The conflict escalated when Gilbertson created a box structure adorned with "Banksy rats" in his daughter's parking space, which he claimed was a commentary on social injustice. However, Anderson testified that the Gilbertsons had subjected her to offensive remarks, including calling her and her family "immigrant rats." Sheriff Susan Duff ruled that their actions were intended to cause alarm or distress, stating: "It was extremely distressing and humiliating."
WESTMINSTER
Labour MP charged with assault
Labour MP Mike Amesbury has been charged with assault following the release of CCTV footage that appears to show him hitting a 45-year-old man in Frodsham, Cheshire, on 26 October. The Labour Party has suspended Amesbury, 55, and removed the whip, leaving him to serve as an independent MP. In response to the ongoing investigation, Amesbury stated: "I am continuing to co-operate with police and given this is an ongoing case I cannot comment further."

 
I
AND FINALLY...
Court approves controversial bust sale
Highland Council has received court approval to sell a marble bust of Sir John Gordon, created by Edme Bouchardon in 1728, which was discovered propping open a shed door and originally purchased for just £5. The bust has attracted a bid of over £2.5m, with the proceeds intended to support local projects. However, the sale will be subject to the Waverley Criteria, which assesses whether an object should be classified as a national treasure. A council spokesperson stated: "As the court approved the sale the Waverley Criteria will be triggered which allows for institutions to consider whether they wish to offer to buy." The council is also required to conduct a public consultation due to the bust being a Common Good asset.
 


Legal Matters Scotland is designed to help you stay ahead, spark ideas and support innovation, learning and development in your organisation.

The links under articles indicate original news sources. Some links lead directly to the source material. Others lead to paywalls where you may need a subscription. A third category are restricted by copyright rules.

For reaction and insights on any stories covered in Legal Matters Scotland, join the discussion by becoming a member of our LinkedIn Group or Business Page, or follow us on Twitter.

 

Follow us on FacebookFollow us on XFollow us on Linkedin

This e-mail has been sent to [[EMAIL_TO]]

Click hereto unsubscribe