Legal Matters Scotland
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20th January 2025

A free early morning round up of news for legal professionals across Scotland.
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INDUSTRY
SNP Government faces scrutiny over human rights
Labour MSP Rhoda Grant has secured a commitment from the SNP Government for a comprehensive debate on the Scottish Human Rights Commission's (SHRC) alarming report regarding “Economic, Social and Cultural Rights” in the Highlands and Islands. The SHRC's investigation revealed that “there is not a single human right that meets all the conditions of adequacy under international law.” Grant highlighted the erosion of human rights over the past decade, citing issues such as food banks, a housing crisis, and a struggling NHS. She stated: “Centralisation of services has led to poorer outcomes,” emphasising the need for tailored solutions for rural communities. Other MSPs echoed her concerns, with Emma Roddick noting the unique challenges faced in rural areas, including hidden homelessness. The report also raised alarms about inadequate maternity services in Caithness and Sutherland, with Beatrice Wishart urging a review of the current model. Greens MSP Arian Burgess condemned government inaction, stating that “people are being left to fend for themselves.”


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FINANCE
Scotland faces £700m financial hit
Finance secretary Shona Robison has warned that Scotland could incur a financial burden of £700m due to the UK Government's increase in employer national insurance contributions. She commented: “Scotland's public services face a bill of more than £700m as a result of the UK Government's increase in employer national insurance contributions.” The Chancellor's announcement has sparked anger within the Scottish Government, particularly as funding to mitigate the impact on public services in England does not adequately address Scotland's larger public sector. Robison emphasised the urgency of clarity on funding, noting: “Councils are in the process of setting their budgets now, so the sooner we have clarity over this issue the better.” The UK Government, however, maintains that it has provided record funding for Scottish public services.
Edinburgh's visitor levy set to launch
Edinburgh is set to introduce a 5% visitor levy on accommodation costs starting from July 24, 2026, making it the first council in the UK to implement such a tax. The proposal faced opposition, with SNP and Green councillors suggesting higher rates of 7% and 8%, respectively, while a Conservative bid aimed to reduce it to 4%. Labour council leader Jane Meagher described the levy as "important, innovative and ground-breaking," highlighting its potential to generate £100m in the first three years. The funds will be allocated to city operations, local arts, and tourism marketing, with £5m earmarked for affordable housing initiatives. Meagher emphasised the extensive consultation involved in developing the scheme, stating: "We have listened to many voices during the consultation." The final approval for the levy will be discussed at a special council meeting next Friday.


 
FRAUD
Scotland facing fraud epidemic
Labour has warned that Scotland is facing a fraud epidemic after new figures revealed that more than four in five cases are going unsolved. Between 2014-15 and 2023-24, the number of frauds recorded by Police Scotland soared by 140% from 6,913 to 16,624. Police Scotland said much of the rise in fraud is related to cybercrime which has skyrocketed in recent years. According to the force, 59% of fraud crimes last year were online – a three-fold increase since 2019. Chief Superintendent Conrad Trickett said: “We outlined plans to establish a new cyber and fraud specialist division as part of our three-year business plan, published in September last year. The new division will tackle the growing demand of online crime, enhance our response to fraud in Scotland and enable closer working with UK law enforcement and other agencies.”

 
STV
THE LAW
Scottish Government considers school hour law
The Scottish Government is contemplating regulations to establish a minimum number of school hours per week, following support from teachers and parents during a recent consultation. Local authorities, facing budget constraints, have proposed reducing school hours to save costs. However, a new agreement with Cosla aims to "freeze learning hours" for the upcoming year while working to restore teacher numbers to 2023 levels. The consultation revealed that 61% of the 496 respondents favoured a statutory requirement for 950 hours in primary schools and 1,045 hours in secondary schools. A Scottish Government spokesperson stated: "Protecting the school week has been an important aim of the Scottish Government," highlighting their commitment to maintaining educational standards.
CASES
Caldwell inquiry demands non-Scottish judge
Emma Caldwell's family is urging that the inquiry into her murder be overseen by a judge from outside the Scottish jurisdiction. Nearly 20 years after her death at the hands of serial rapist Iain Packer, who was convicted in February 2024, the family claims there has been “no progress” in appointing a non-Scottish judge. They feel there is a “deliberate attempt” to impose a Scottish judge instead. Aamer Anwar, the family's lawyer, emphasised the need for an independent inquiry, stating: “The scale of the crimes and the failures are so catastrophic that only an independent judge outside of the Scottish justice system would suffice.” The family is set to meet First Minister John Swinney to discuss their concerns.

 
STV
PROPERTY
House prices surge in January
According to Rightmove, the average asking price for homes in Britain rose by 1.7% or £5,992 in January, reaching £366,189. The increase marks the largest new year bounce since 2020, although prices remain £8,942 below last year's record. The report highlights Scotland and northern England as having the strongest growth prospects. Motherwell has to date registered the fastest house price growth in Scotland this year (3.8%) followed by 3.5% in Falkirk. The average for Scotland as a whole was 2.6%. In contrast, southern England is adjusting to higher mortgage rates, impacting affordability. Rightmove anticipates a 4% average price increase across 2025, but warns of challenges such as rising mortgage costs and changes to stamp duty.
Housing investment proposals for Scotland
David Melhuish, chief executive of the Scottish Property Federation, has raised concerns regarding the new Housing (Scotland) Bill, stating that the industry is “fighting for investment but with one arm tied behind their back by our own laws.” He emphasised the need for rent control exemptions to restore investor confidence and unlock tens of thousands of new homes for rent. Melhuish noted that while the Scottish Government's amendment to set a rent cap based on CPI + 1% is a positive step, it is insufficient to alleviate the uncertainty that has plagued the rental market. He warned that without significant changes, Scotland risks losing out on an estimated £4.5bn in economic value and 16,000 new homes over the next decade. The Scottish Government plans to consult on rent control implementation in spring 2025, aiming to improve the supply and affordability of high-quality rented housing in Scotland.
TRANSPORT
Local councils face pothole compensation crisis
Local authorities in Tayside and Fife have incurred significant costs due to pothole compensation claims, with Fife Council alone paying over £11,000 to two cyclists. In total, Fife Council spent £30,243 on such claims in 2023/24, with a cumulative payout of £94,392.89 since 2018. Councillor Altany Craik commented: “We understand and share the frustration of Fife's road users, who might be delayed by roadworks.” Other councils, including Angus, Dundee, and Perth and Kinross, have also reported rising compensation costs, with Perth and Kinross Council spending £11,979.90 on legal fees related to these claims. Liam Kerr, a Conservative MSP, highlighted the need for better road maintenance, urging the Scottish Government to address the issue of underfunding for councils.
Legal showdown looms over bus gates
Traders in Aberdeen are rallying against the council's bus gates, which they claim have "devastated once thriving businesses." Veteran shop owner Norman Esslemont has initiated a crowdfunding campaign to raise £35,000 for legal action, having hired Alasdair Sutherland from Burness Paull, who stated the council's decision to make the bus gates permanent may be "incompetent and unlawful." Esslemont said: "This is not just a fight for local businesses, it's about ensuring the city centre remains accessible and welcoming for everyone." The funds will be used to investigate the legality of the bus gates and their economic impact, as the council faces mounting pressure from residents and business owners.
SOCIAL
Stirling Council tackles evictions head-on
At a recent Stirling Council meeting, the issue of enforced evictions was raised by SNP councillor Gerry McLaughlan, who expressed concern over the low number of evictions for anti-social behaviour since May 2022. Only one eviction has occurred, linked to serious drug offences, while three tenancies have been terminated before eviction. Labour councillor Gerry McGarvey highlighted the council's partnership with community safety teams to ensure tenant safety, saying: “This covers a range of actions that can be taken, including providing tenancy support where this is needed.” The Streamlined Eviction Policy, implemented in February 2023, aims to expedite evictions for serious anti-social behaviour. McLaughlan called for stronger measures to address the prevalent anti-social behaviour affecting residents, emphasising the need for accountability in tenancy agreements.
FIRMS
Pinsent Masons secures prime Glasgow office
Pinsent Masons has signed a ten-year lease for over 31,000 sq ft in the sustainable Aurora building at 120 Bothwell Street, Glasgow. Barry McCaig, partner and head of Glasgow, expressed enthusiasm about the move, explaining: “We are very much looking forward to continuing to represent our clients from our new home in the heart of Glasgow's financial district.” Pinsent Masons employs over 550 staff across Scotland and has terminated its lease at Lucent, 50 Bothwell Street.
POLICING
Police Scotland's review sparks controversy
Police Scotland is facing criticism for allegedly retracting its commitment to a comprehensive review of its sex and gender policies. Initially, the review was intended to encompass operational practices, including how the force handles cases involving individuals who self-identify as women. However, a recent letter from Assistant Chief Constable Catriona Paton indicated that the focus would be limited to data recording practices. This shift follows public outcry over the force's approach to recording the sex of individuals charged with serious crimes, which some argue could distort crime statistics. Murray Blackburn Mackenzie stated: "It is past time for this to be a muddle," calling for clarity on the review's scope.
ENVIRONMENT
Legal concerns over mining practices
According to a report by Friends of the Earth Scotland and the University of Edinburgh, mining companies in Scotland have failed to adequately engage with local communities during their exploration for critical minerals. Residents expressed feeling “kept in the dark” and “let down” by their political representatives. Tamsin Wake, the lead researcher, emphasised the need for ethical practices, stating: “This can’t be done at the expense of people and planet.” The report recommends that the UK Government amend its Critical Mineral Strategy to prioritise community consultation. Local residents reported that they were often unaware of mining plans until exploration activities began, highlighting a significant lack of communication from both companies and policymakers. The report calls for a more responsible approach to mining that considers the concerns of local communities and the environment.
AND FINALLY...
Glaswegian accent linked to honour
Research from Cambridge University has revealed that the Glaswegian accent is perceived as the least likely to be associated with sexual offences, while the Cockney accent ranks highest for such perceptions. Lead author Alice Paver noted that "some accents sounded guiltier than others," challenging traditional stereotypes linked to class. The study suggests that sexual offences may not correlate with class in the same way as other crimes. Paver highlighted the potential bias in the criminal justice system, stating: "Voices play a powerful role... listeners think some accents sound guiltier than others." The research, published in the Frontiers in Communication journal, underscores the need for awareness regarding accent-based prejudices in legal contexts.
 


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