Legal Matters Scotland

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THE LAW
UK Government won't change drug laws for consumption rooms
The UK Government has confirmed it will not amend drug laws to permit more safe consumption rooms, even if Glasgow's Thistle Centre pilot proves successful. The facility, which opened amid tensions between the UK and Scottish governments, allows drug users to inject safely without fear of prosecution, following a ruling that prosecutions would not be in the public interest. However, Home Office minister Dame Diana Johnson told the Scottish Affairs Committee that the Government does not support such facilities and will not change the Misuse of Drugs Act. The stance drew criticism from MPs, with Liberal Democrat Angus MacDonald accusing the Government of "condemning thousands of people to death." Dame Johnson defended the position, emphasising alternative measures to tackle drug misuse and insisting ministers must represent government policy over personal views.
Peers demand AI copyright protection
Peers in the House of Lords have issued an ultimatum to the government, demanding robust copyright protections for artists against AI exploitation. Following a fifth defeat for the Government regarding the controversial data bill, peers voted 221 to 116 for an amendment requiring AI firms to disclose the copyrighted material used in training their models. Beeban Kidron, a cross-bench peer, said: "This is our last chance to ask the Government to provide a meaningful solution," highlighting the need for AI companies to adhere to copyright regulations. The ongoing standoff could lead to the bill being shelved unless the Commons accepts the amendment or proposes an alternative. The government has offered concessions, including a commitment to publish technical reports on AI and copyright regulation within nine months. However, the proposed opt-out system for copyright use by AI firms has faced fierce criticism from creators and publishers.
Badenoch to review UK's ECHR ties
Conservative leader Kemi Badenoch is establishing a commission to evaluate the UK's potential withdrawal from various international legal agreements, including the European Convention on Human Rights (ECHR). She plans to appoint Lord Wolfson of Tredegar to chair the commission. Ms Badenoch has expressed concerns that the ECHR may hinder the Government's ability to act in the national interest, saying the UK "would probably have to leave" if it continues to impede Government actions. The review will consider the impact of the ECHR on asylum claims and deportations, alongside domestic laws like the Climate Change Act and the Equality Act.


Denovo's Latest Executry Software Enhancements Are Empowering Scottish Law Firms 

Denovo’s Executry software is revolutionising estate management for Scottish law firms. Steven Hill, Denovo’s MD, is the forefront of this initiative, meeting with legal professionals across Scotland to share his insights and experiences on the latest updates to Denovo’s software. The enhancements Denovo are making are not just technological - they’re transformative for firms looking to streamline workflows, reduce manual input, and ultimately serve their clients more effectively.

New features like automated HMRC form population, streamlined asset management, and enhancement of data gathering capabilities, are just some of the new features in their CaseLoad platform.

Read the full blog for all the details

 
CASES
Police inspector cleared of perjury
Keith Warhurst, a former police inspector, has been acquitted of perjury related to his testimony at an employment tribunal that revealed a "boys' club" culture within Police Scotland's firearms unit. Although he was found guilty of making an abusive comment about a colleague's pregnant partner in 2017, the perjury charge was not proven, resulting in an absolute discharge. The tribunal, led by Rhona Malone, concluded that a female officer faced victimisation after raising concerns about a sexist email, leading to a settlement of nearly £1m for Ms Malone. Mr Warhurst admitted to making the derogatory remark but claimed he did not recall it during the tribunal.
Former St Mirren director defamed colleagues
Two St Mirren directors were defamed by a former colleague who accused them of secretly planning to build a charity wellness centre on club land, a judge has ruled. Alan Wardrop claimed that the children's charity Kibble, a shareholder in St Mirren, had applied for a government grant to fund the centre, and alleged dishonesty by the charity and the directors, Jim Gillespie and Mark MacMillan. The Court of Session found Wardrop's statements defamatory but ruled in his favour under defamation law defences covering public interest and honest opinion, resulting in no damages awarded. The judge emphasised that, although the claims were untrue, Wardrop had formed his views based on available evidence during a public campaign. However, the court warned Wardrop against repeating the allegations, as defences would no longer apply if he knowingly made false statements again.



 
FIRMS
Legal tech startup Valla raises £2m
Valla, a workplace dispute firm, has raised £2m from new investors Ada Ventures, Active Partners, and Portfolio Ventures. The funding will be used to expand Valla's suite of services, which enable employees on median to low wages to represent themselves in workplace disputes, from initial meetings through to an employment tribunal. The company aims to help those on a median national wage of £37,000 a year and below. More than 12,000 people have registered to use its services since its launch in 2022. Valla offers services such as meeting notes, which are free, and paid-for services like arbitration and tribunal rulings.
Aberdein Considine strengthens employment team
Aberdein Considine has appointed Marianne McJannett as a partner in its Glasgow office, enhancing its employment team. McJannett, who qualified as a solicitor in 2012, previously served as Head of Employment at Bellwether Green. McJannett expressed her excitement about joining the firm, highlighting its supportive culture and commitment to client service.


 
INDUSTRY
Hermer's legal activism under fire
Lord Hermer, the Attorney General, faces criticism for his "activism" as a lawyer, according to Ben Williams KC. Mr Williams stated that Hermer was an "open activist" throughout his career, suggesting that Sir Keir Starmer was aware of this when appointing him. Calls for the Prime Minister to dismiss Hermer have emerged, with Kemi Badenoch asserting that he "believes in the rule of lawyers, not the rule of law." A spokesman for the Attorney General's Office defended Hermer, stating that barristers do not align with their clients' opinions.
CRIME
HMRC loses £47m in breach
HMRC has confirmed that 100,000 taxpayers are being contacted following a breach that resulted in a loss of £47m. John-Paul Marks, the chief executive of HMRC, assured that those affected will suffer "no financial loss" and told the Treasury Committee that the incident was not a cyber attack but instead involved multiple phishing attacks "designed to extract money" from the tax office. Angela MacDonald, HMRC's deputy chief executive, said the agency has successfully protected £1.9bn from similar attacks in the past year. The affected accounts have been locked down after an attempt to fake PAYE claims, while incorrect information has been removed from tax records.
SOCIAL
Scots unite against 'division politics'
Scottish charities have expressed deep concern over what they regard as anti-migrant politics at Westminster, stating that new Scots feel "hopeless and afraid." Over 350 organisations, including the Scottish Refugee Council and LGBT Health and Wellbeing, have united to combat the "politics of division." Prime minister Keir Starmer's remarks about the UK becoming "an island of strangers" coincide with new migration policies that extend the citizenship application period from five to ten years. Dania Thomas, director of Ubuntu Women's Shelter, highlighted the detrimental effects of such rhetoric, stating that it causes women to feel "too afraid to do anything." Ekta Marwaha, CEO of Refugee Sanctuary Scotland, called for a shift in language to promote inclusivity and integration rather than division.
 


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