Legal Matters Scotland

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INDUSTRY
Murrell granted legal aid amid charges
Peter Murrell, the former chief executive of the SNP and estranged husband of Nicola Sturgeon, has been granted legal aid by the Scottish Legal Aid Board as he faces embezzlement charges. The 60-year-old was arrested in April 2023 during a police investigation into the SNP's finances and appeared at Edinburgh Sheriff Court in March, where he made no plea. The Scottish Legal Aid Board confirmed that no payments have been made yet, stating: "When assessing an applicant's eligibility for legal aid we look at their financial position at the time of their application." Legal aid is typically provided to those unable to afford legal representation, although some may still need to contribute financially.


 
THE LAW
Ferry disruption grants may breach law, warns campaigner
The Herald notes warnings from campaigners that the Scottish Government's £4.4m Island Business Resilience Fund may breach the Islands (Scotland) Act 2018 by applying such a narrow and "arbitrary" threshold of ferry cancellations required to trigger grants. Currently, grants are only available to islands that have suffered ferry service cancellation levels of 15% across three seasons, more than double CalMac's 7% average. Joe Reade from the Mull and Iona Ferry Committee says his community has faced ferry capacity cuts of 22% - but as the reductions are considered cuts, rather than cancellations, businesses are not eligible for support. The Islands Act, Mr Reade adds, is "routinely ignored by governments at all levels, or just paid lip-service".
PM pledges Hillsborough Law legal duty
The Prime Minister has confirmed that the new Hillsborough Law will incorporate a legal duty of candour, amid fears of a diluted version of the legislation. Sir Keir Starmer expressed his commitment to ensuring public officials are legally obliged to tell the truth during major inquiries. The original Hillsborough Law, proposed in 2017, aimed to hold public servants accountable after state-related disasters, providing legal support for affected individuals.



 
SOLICITOR VACANCY


 
HOUSING
Scotland's homes unfit for ageing
The Scottish Federation of Housing Associations (SFHA) has highlighted the urgent need for a national strategy to address the inadequacies of Scotland's housing for the elderly and disabled. In its report, Homes Fit For The Future, it reveals that 70% of the housing stock was built before 1982, making it unsuitable for an ageing population. By 2043, over 25% of Scots will be aged 65 or older, while those under 16 will represent just 13.3%. The report calls for a common design standard for new builds and increased funding for technology that supports independent living. The Scottish Government has responded by increasing the adaptations programme budget to £20.9m for 2025-26, reflecting the importance of enabling disabled individuals to live independently.
Health hazards found in homeless hotels
Recent inspections of hotels housing homeless individuals in Glasgow have uncovered alarming health and safety issues, including rodents, cockroaches, and bed bugs. The Glasgow Times reported that the council initiated an environmental health inspection programme, revealing a "catalogue of health and safety concerns." Over five months, eight hotels were inspected, with findings indicating that conditions varied significantly. Pat Togher, Chief Officer of the Health and Social Care Partnership, stated that hotel owners "welcomed and embraced the recommendations" following the inspections. Notable issues included mould, damaged bedding, and evidence of pest activity, with some hotels requiring urgent treatment for bed bugs. The council has spent over £45m on private accommodations for the homeless in the past year, highlighting the pressing need for improved living conditions.
EMPLOYMENT
British workers embrace four-day week
Nearly 1,000 British workers will transition to a shorter working week following a successful trial of the four-day week. All 17 participating businesses in the six-month trial, organised by the 4 Day Week Foundation, will maintain either a four-day week or a nine-day fortnight, with employees retaining their full salaries. This trial builds on a larger pilot in 2022, where 56 out of 61 companies reduced their working hours. Joe Ryle, campaign director of the 4 Day Week Foundation, said: "With greater knowledge, expertise and experience of what it takes to successfully implement a four-day week, we're really pleased to see such a high success rate."
EOTs gain traction in UK market
Douglas Roberts, a partner at TLT, notes how employee ownership is increasingly popular in the UK, especially in Scotland. The Employee Ownership Trust (EOT), established by the Finance Act 2014, allows businesses to maintain their culture while benefiting employees. Recent statistics indicate around 2,470 employee-owned businesses in the UK, with 358,000 employee owners. In Scotland, Roberts says that EOTs are seen as a solution to the succession crisis, with 69% of family business owners lacking a succession plan. He adds that while tax benefits are a selling point, they are not the primary motivation for many sellers. Recent reforms to EOT taxation have not diminished demand, indicating a shift towards viewing EOTs as genuine succession options.
CRIME
Channel migrants more likely to go to prison
Analysis by the Conservative Party reveals that migrants crossing the Channel in small boats are 24 times more likely to face imprisonment than the average British citizen. The study indicates that approximately 3.4% of these migrants could end up in prison, translating to around 700 individuals from the 20,422 who have arrived this year. Shadow Home Secretary Chris Philp said: "This data shows the government's loss of border control is putting the public at risk." The Home Office disputes the findings, arguing that the demographics of those arriving by small boats differ significantly from the general foreign criminal population. 
FRAUD
Crackdown on welfare fraud begins
The Department for Work and Pensions (DWP) is set to implement new measures aimed at combating welfare fraud, projected to save taxpayers £1.5bn over five years. The Public Authorities (Fraud, Error and Recovery) Bill will introduce powers such as driving bans for repeat offenders and the ability to recover funds directly from fraudsters' accounts. Importantly, the DWP will not have direct access to bank accounts of benefit claimants, ensuring privacy while allowing banks to flag potential fraud.
CASES
Mi5 faces potential contempt charges
MI5 may face contempt of court proceedings due to false evidence submitted in an injunction case against the BBC. In 2022, then-attorney general Suella Braverman sought to prevent the BBC from airing a programme that would identify a man, referred to as “X”, accused of abusing two women. Although an injunction was granted, the BBC was allowed to discuss key issues without revealing his identity. Recent hearings revealed that MI5's evidence was misleading, prompting BBC lawyers to argue that the threshold for contempt proceedings had been met.
Families demand justice for Chinook crash
Families of the 29 victims of the 1994 RAF Chinook helicopter crash on the Mull of Kintyre are expressing their "fury and disgust" following the Ministry of Defence's (MoD) rejection of their demands for a judge-led public inquiry. The families are determined to pursue justice and accountability for the tragedy, which remains a painful chapter in their lives. They are calling for a thorough investigation into the circumstances surrounding the crash, which they believe is essential for closure.
Attempted murder charge in Glasgow
Regean Higgins, an 18-year-old from Glasgow, has been charged with attempted murder and assault to danger of life following a serious incident on Ashgill Road. The event, which occurred on June 23, involved three vehicles and a pedestrian, a 22-year-old man who was struck by a car and subsequently taken to Glasgow Royal Infirmary. Police Scotland described the incident as "targeted" and assured the public that there is no wider threat.
FIRMS
Young lawyer shines in landmark case
Lindsay McCosh, a solicitor at Balfour & Manson, has made a significant impact in her early career by participating in a landmark gender case against the Scottish Government. The Supreme Court ruled that a woman is defined by biological sex under the Equality Act, a decision that McCosh describes as a highlight of her career. She stated: "It's been such a privilege to be instructed on a landmark case like this so early in my career." Originally from Zimbabwe, McCosh moved to the UK in 2014 to study law and has since been involved in various high-profile cases, including challenges against Glasgow City Council and Scottish Forestry.
CORPORATE
CMA threatens legal action over Oasis ticket sales
The Competition and Markets Authority (CMA) has raised concerns regarding Ticketmaster's ticket sales for Oasis' reunion tour. The CMA claims that Ticketmaster may have misled fans over the way it priced tickets. Despite Ticketmaster's assertion that it has made changes to its sales process, the CMA says that these adjustments are insufficient and has suggested that legal action may be necessary. The CMA said: "Having carefully considered Ticketmaster's response, the CMA's view is that there is a fundamental disagreement … about whether Ticketmaster's practices infringed consumer law."
Legal action against Ford over emissions
Thompsons Solicitors, based in Glasgow, is representing claimants in a group action against Ford regarding alleged diesel emissions violations. The case involves claims that Ford used defeat devices in diesel vehicles manufactured to Euro 5 or Euro 6 emissions standards, which unlawfully reduced the effectiveness of nitrogen oxide (NOx) emissions control systems, leading to loss and damage for the claimants. Graeme Hamilton is acting as the representative party in this case, which is being heard in the Court of Session. The action targets multiple Ford entities, including Ford Motor Company and Ford Retail Limited.
LICENSING
Joint raids recover 11k illegal cigarettes
An joint operation carried out by West Lothian Council's Trading Standards team and Police Scotland officers has recovered 11,560 illegal cigarettes and a quantity of rolling tobacco from two premises in Bathgate and Broxburn. A spokesperson for the council said illicit tobacco "harms our communities and legitimate businesses face unfair competition being undercut by products aimed at non-UK markets".
PLANNING
Inquiry coming after councillors oppose wind farm
Members of Scottish Borders Council's planning committee have voted unanimously to object to plans for a seven-turbine wind farm at Oliver Forest near Tweedsmuir, with a report from council planners arguing that the "degree of demonstrable harm" associated with the project would outweigh any economic and environmental benefits. While the final decision with the project will lie with the Scottish Government, the council's opposition will trigger a public inquiry into the plans.
WESTMINSTER
First Minister condemns PM over welfare reforms
First Minister John Swinney has condemned Prime Minister Sir Keir Starmer's handling of his Government's welfare reforms, after Sir Keir made a series of major concessions to Labour backbenchers in order to push a limited number of remaining reforms through the Commons. Mr Swinney said the UK Government's proposed cuts to disability benefits had "essentially preyed on some of those vulnerable within our society", and that they had now "deserted their proposals" in the face of a growing backlash. He added that "what we've got to recognise in Scotland is that we must take our decisions and act in a completely different fashion to the process being taken by Westminster", pointing to the "hard decisions" that had been made to increase income tax on the highest earners "to make sure that we can run a fair social security system within Scotland".
 


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