Legal Matters Scotland
Sign UpOnline Version
14th November 2024

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

COURTS
Labour MSP demands urgent justice reforms
Katy Clark, Labour MSP for West Scotland, has urged the Scottish Government to take immediate action following the Rough Justice report, which reveals significant pressures on Scotland's Crown Office and Procurator Fiscal Service (COPFS) and Scottish Courts and Tribunals Service (SCTS). The report indicates that 77% of COPFS staff and 57% of SCTS staff have experienced errors due to overwhelming workloads. Clark said: "These are the workers who ensure our justice system functions effectively," highlighting the urgent need for IT upgrades and better staffing. She emphasised that the wellbeing of staff is crucial, as overstretched personnel affect the entire justice process. Clark's motion calls for collaboration with the Public and Commercial Services Union (PCS) to implement necessary reforms and prioritise staff wellbeing. “This report cannot be ignored,” she warned, stressing the need for decisive action to address the widening cracks in the justice system.


Transitioning to a New Case Management Software: Expert Insights from Denovo

Transitioning to new case management software can feel like a daunting prospect for law firms. The fear of data loss, disruption, and staff retraining often hold firms back from making the leap. But Steven Hill, Managing Director of Denovo, has spent over two decades helping law firms successfully make that transition. In this insightful Q&A, Steven shares his experiences, anecdotes, and expert advice on how Denovo tackles the challenges of switching systems—and why, with the right approach, it’s a change well worth making.

Read more

 
INDUSTRY
Honorary membership awarded to legal pioneers
Christine McLintock and Ross MacKay have been awarded Honorary Membership of the Law Society of Scotland for their significant contributions to the legal profession. The recognition took place during a special event at the Scottish Parliament on 12 November, coinciding with the Law Society's 75th anniversary. McLintock, who served as Law Society President in 2015-16, has been instrumental in modernising solicitor qualifications and founded the Lawscot Foundation, which supports school leavers from disadvantaged backgrounds. MacKay, former Convener of the Property Law Committee, revolutionised Scottish conveyancing with the introduction of Scottish Standard Clauses, enhancing efficiency for homebuyers. Susan Murray, President of the Law Society, commented: “Honorary membership is the most prestigious accolade that the Law Society can bestow.”

 
CASES
Supreme Court: Sky acted in bad faith
The Supreme Court has ruled that Sky acted in bad faith when it applied for its trademarks. The legal battle started in 2016 when Sky sued US tech provider SkyKick, claiming that it had infringed on its EU and UK trademarks with the use of ‘Sky’ in its name, email, cloud storage products and services. The High Court ruled that Sky applied for trademarks in categories that were so broad that it could not have intended to use them across their breadth. However, the Court of Appeal reversed the ruling, saying Sky had not acted in bad faith when it had filed its trademark applications. The Supreme Court has now declared that the High Court was entitled to make its initial ruling. Geoff Steward, a partner at Addleshaw Goddard, said the decision “will mark a sea change in trade mark filing practices,” adding: “Gone are the days of overreaching to gain wider trademark monopolies.” Tristan Sherliker, of counsel at Bird & Bird, said: “A serious point for big brands is this: just because a brand is well known does not justify listing goods and services.” Charlotte Duly, a partner at Charles Russell Speechlys, noted that the decision “could open a can of worms when it comes to the trademark registers.”
Government admits unlawful oilfield approval
The Government has acknowledged in court that the approval of the Rosebank oilfield, the largest untapped oilfield in the country, was unlawful. During a case led by climate campaigners against Rosebank and the Jackdaw gas field, Chris Pirie KC for the government admitted that environmental assessments failed to consider “the effects on climate of the combustion of oil and gas.” Environmental groups argue that work on these projects should be halted until comprehensive environmental impact assessments are conducted.
FIRMS
Frew takes the helm at Pinsent Masons in Edinburgh
Gillian Frew has been appointed as the new Head of Office for Pinsent Masons in Edinburgh, succeeding Ewan Alexander after his retirement. A member of the Structured & Project Finance team, Frew has been with the firm since 2001 and became a Partner in 2012. She has extensive experience in renewable energy, oil & gas, and infrastructure projects. Laura Cameron, Managing Partner, stated: “Gillian's expertise and commercial mindset is vital to our objectives of consolidating our leading position in the energy transition space.”
Burness Paull welcomes new partner
Burness Paull has welcomed Douglas Blyth as a partner, recognising his extensive experience in insolvency, corporate disputes, and judicial review. Blyth expressed enthusiasm for joining Burness Paull, describing it as a “first-rate firm competing at the very top of the market in Scotland and beyond.” Peter Lawson, chair at Burness Paull, highlighted the firm's dispute resolution practice as crucial for its growth strategy.
CRIME
Lenient fine for illegal scallop diving sparks outrage
A fine imposed on scallop diver Lee MacPherson for illegal hand-diving in protected waters off Arran has been condemned as “paltry” and “a mockery” by the Community of Arran Seabed Trust (COAST). The £4,175 penalty, which followed an investigation into suspicious fishing activity in the Lamlash Bay No Take Zone, is seen as inadequate compared to the estimated retail value of £15,400 of illegally fished scallops. Aine Purcell-Milton, COAST’s Executive Director, explained: “Illegal fishing incidents undermine this approach by not only breaking the law but by disrupting critical time-series data.” Critics are calling for a review of how penalties are calculated, highlighting the need for more effective enforcement in Scotland’s Marine Protected Areas. Phil Taylor, Director of Open Seas, emphasised that the Scottish Government lacks the necessary systems for compliance, despite spending tens of millions on fisheries management.
PROPERTY
Aberdeen residents rally for Raac support
Homeowners in Aberdeen are facing severe financial distress due to the discovery of potentially dangerous Reinforced Autoclaved Aerated Concrete (Raac) in their properties. Hannah Chowdhry, a 20-year-old law student, expressed her devastation after learning that her home, purchased for £120,000, is unsafe and should be demolished. Alongside her father, Wilson, she has initiated a petition urging the Scottish government to provide better support for affected homeowners. Over 1,600 people have signed the petition, which demands a public inquiry into council and housing association practices as well as a national fund to aid Raac victims.
SOCIAL
Assaults on bus drivers surge since under-22s given free travel
A Unite union survey has revealed a significant rise in abuse against bus drivers in Scotland following the introduction of free bus travel for under-22s in January 2022. According to the survey, 84% of drivers have faced increased abuse over the past year, with one in six experiencing physical assault. Incidents include drivers being beaten, spat upon, and female drivers facing sexual harassment, with some even receiving threats of rape or stabbing. Ethnic-minority drivers report racial abuse as a frequent occurrence. Unite is advocating for stronger legal protections for drivers, as over half of respondents report feeling unsafe at work, and 85% say abuse is now “just part of the job.” While Transport Scotland acknowledged a link between the free travel scheme and antisocial behaviour, it asserted this involved only a minority of passengers and extended its “sympathy” to the drivers.
WILLS
Cardboard will validated
The High Court has validated a will written on cardboard food packaging, allowing Diabetes UK to inherit £180,000 from the estate of Malcolm Chenery, who died in 2021. The will, which was inscribed on two separate pieces of packaging from frozen fish and mince pies, faced legal challenges regarding its validity. However, barrister Sam Chandler successfully argued that the documents met the requirements of the 1837 Wills Act. Judge Katherine McQuail concluded that Mr Chenery "had not intended to die intestate" and ruled in favour of the charity.
HOLYROOD
Sturgeon forced to flag police inquiry in election vetting
Nicola Sturgeon has disclosed to senior SNP officials that she remains under police investigation as part of Operation Branchform, a probe into the party's finances. The admission was reportedly necessary for the former First Minister's potential candidacy in the 2026 Holyrood election, as vetting forms for applicants included questions on ongoing criminal inquiries. Sturgeon’s husband, Peter Murrell, the SNP's former chief executive, was charged earlier this year with embezzling party funds, and Colin Beattie, former SNP treasurer, also remains under investigation.
ECONOMY
Pension reforms to ‘unlock tens of billions of pounds of investment’
Rachel Reeves is set to unveil a pensions shake-up that could unlock up to £80bn of investment in British infrastructure and business. The Chancellor plans to merge pension schemes in a move that could unlock a wave of private sector investment. Under the plans, 86 local authority pension schemes, which control assets worth almost £500bn, will be required to consolidate their assets in a “handful of megafunds.” These megafunds will need to meet rigorous standards, such as needing to be authorised by the Financial Conduct Authority, the Government said. Ministers will also legislate to create a minimum size for private sector defined benefit schemes. Ms Reeves says the “biggest set of reforms to the pensions market in decades” will “unlock tens of billions of pounds of investment in business and infrastructure, boost people’s savings in retirement and drive economic growth.” Zoe Alexander, director of policy and advocacy at the Pensions and Lifetime Savings Association, said: “Larger pension schemes can help achieve better outcomes for savers through economies of scale, stronger governance, negotiating power and additional resources.”
 


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