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3rd February 2022

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THE LAW
Women's group bids to block census gender changes
A lawyer for a women's campaign group has argued that plans to allow people to choose their gender in this year's census are unlawful. The Scottish government wants to allow people to "self identify" as a man or woman. Roddy Dunlop QC told the Court of Session answers should be based on what is recorded on a birth or gender recognition certificate. The judge will deliver a ruling at a later date. The Scottish government currently plans to allow people to answer the question on what sex they are based on their own personal view of what their gender is, regardless of whether they have a gender recognition certificate. This position has been welcomed by transgender rights activists who believe that people should be able to answer in a way that reflects their normal everyday experiences. However, lawyers for the campaign group Fair Play for Women have sought a judicial review, arguing the guidelines fall foul of the 1920 Census Act.


Made in Scotland – Engineering Legal Technology for the better
Over the last 30 years, a team of Scottish software developers, legal case management specialists, legal accountants, cashiers, and legal technology experts at Denovo Business Intelligence have been engineering and innovating software for the legal profession creating a software platform that does four simple jobs; 1. Is customisable to all Scottish work types, 2. Is 100% accounts compliant, 3. Is developed in Scotland for Scottish law firms, 4.Makes lawyers lives a hell of a lot easier. That’s their passion and what they have created is helping make a difference in the Scottish legal community.
Read more.

 
INDUSTRY
Young lawyers seeking better work-life balance
Problems stemming from a toxic work culture and lack of work-life balance are common to young lawyers the world over, according to a new report from the International Bar Association. An IBA survey of 3,000 lawyers aged 40 or younger found that 20% are thinking about leaving the profession entirely, 33% want to switch to a different area of the profession, and 54% are either "somewhat likely" or "highly likely" to leave their current job in the next five years. Lack of work-life balance was a concern for more than 60% per cent of young lawyers in the survey, and 71% of those aged 25 or under; but also 68% of solicitors (apparently private practice) and 66% of female lawyers. Private practice solicitors were more likely to cite work-life balance and mental health issues than their in-house counterparts. Nine out of ten young lawyers reported experiencing barriers to their career progression, such as balancing commitments, insufficient mentorship and a lack of promotion opportunities. To combat the exodus of young lawyers, the IBA outlines seven areas for action with the aim of creating a healthier and more fulfilling profession for all, from implementing and/or reviewing work-life balance related policies and initiatives, and acknowledging and addressing the mental wellbeing concerns of young lawyers, to keeping abreast of the latest developments in legal technology and training lawyers accordingly.

 
PROPERTY
Levelling up renovations likely to push up rents
Landlords have warned that Government "levelling up" plans could exacerbate housing shortages and push up rents if investors are forced to renovate nearly 800,000 properties. New minimum standards for private rents, announced as part of Michael Gove's White Paper, come on top of existing rules forcing landlords to make properties more energy efficient. This has already added an estimated £10,000 bill per property. The new measures could cost a further £15,000 per property. The National Residential Landlords Association claims the additional cost of upgrades would force landlords to sell up, unless there was a government support package. Chris Norris, of the NRLA, said: "This will pile pressure on landlords already contending with the cost of energy performance upgrades. It will be difficult for landlords to bring properties up to the new standard unless the Government finds a way to mitigate the cost."
FIRMS
MacRoberts' Dundee team moves to Thorntons
MacRoberts' Dundee office team has moved across to Dundee-headquartered Thorntons, which has secured the lateral hires of the nine strong unit. David Milne and Kyle Moir join Thorntons as partners in the Commercial Real Estate team, supported by paralegal Kirsty Smith and legal secretary Lesley Wilkinson. In Residential Conveyancing, Derek Petrie arrives as partner and Gemma Scrimgeour as senior solicitor, along with trainee paralegal Jodi Blakeman. Private Client legal director Chris Gardiner returns to Thorntons after two years, while Daisy Walker joins that team as a business admin apprentice.
CASES
Contempt of court hearing sees costs awarded
A solicitor has avoided being held in contempt of court, but been found liable for expenses, for failing to hand over a file to the Scottish Legal Complaints Commission (SLCC). The Inner House of the Court of Session found that the solicitor’s actions did not meet the test for contempt – wilful action, proved beyond reasonable doubt – the court did find the solicitor liable for expenses incurred in the proceedings. The hearing on contempt was ordered in relation to the solicitor’s behaviour towards the court processes after the SLCC began proceedings to recover a file in order to investigate a complaint. "The SLCC began this action to access a file we need, and have a statutory right to access. To see it end in a contempt of court hearing – an incredibly serious, stressful, and costly experience for the solicitor involved – is staggering. We cannot imagine this is a situation any solicitor would want to find themselves in", said SLCC chief executive Neil Stevenson. "We also have another action underway against this same firm in relation to another client complaint, which will have to start this process again from scratch. At a time when we’re consulting on our budget and the levy paid by solicitors, it’s important to note the significant staff time and legal costs which we’re expending on attempts to access files to which we have a statutory right".
Murder jury urged to acquit over 'preposterous' case
A jury has been urged to acquit a man accused of murder because the evidence against him is "preposterous". The High Court in Edinburgh was told Darren Eadie, 30, faced a life term for a "theory" about Kenny Reilly's death. He is one of four men accused of killing Mr Reilly, who was shot in the head as he sat in a car at traffic lights in Glasgow, on 16 April 2018. Prosecutors claim the death was connected with organised crime. All four deny murder.
EMPLOYMENT
Most law firm partners prefer to come back into offices for at least one day a week
Most lawyers are in favour of a hybrid model of working, which would see workers come into their offices for at least one day a week, according to a poll from legal recruitment firm Major, Lindsey & Africa. Meanwhile only 10 per cent would prefer to work entirely remotely. However the figures revealed a split between senior men working in law firms, and women, juniors, and general counsels. The figures show that men working as partners in law firms were significantly more likely to want to come back into offices, compared to women and more junior colleagues working at the same firms.
CRIME
Fifth arrest over fatal attack in Livingston
A fifth person has been arrested in connection with the death of Blair Gault in West Lothian. The 34-year-old joins two men, aged 51 and 33, and two women, aged 52 and 54, arrested over the Livingston death. Mr Gault, 32, was found seriously injured on a footpath in the early hours of 16 November. He died at the scene of what police described as a "sustained and violent" attack. A police spokesman said inquires were continuing.


 



     
    INFRASTRUCTURE
    Glasgow Silicon Valley-style research centre proposed in 'levelling up' plans
    A new innovation and research centre in the Glasgow area is part of the UK government's latest "levelling up" plans. The UK government said the "Silicon Valley-style innovation accelerator" for Glasgow would create new jobs. Levelling-up Secretary Michael Gove said Glasgow was one of many UK cities which had "huge potential but contain inequalities which hold too many back". The Scottish government said any extra funding was welcome, but said it was "unacceptable" for UK ministers to make spending decisions in devolved areas without "meaningful consultation or engagement". First Minister Nicola Sturgeon said the funding was "rehashed money", and that the UK government had "muscled in" for "partisan political reasons". She said: "It's really just an attempt by a beleaguered Westminster government, with an utterly discredited prime minister, trying to distract people's attention."
    SOCIAL
    Safe drug consumption room pilot remains on track
    The new chair of the SNP’s drug deaths taskforce is confident legal barriers to setting up drug consumption rooms can be overcome as he insisted the facilities would not be a “free-for-all" or be a magnet for drug dealers after fears raised by a UK minister. David Strang was speaking in response to UK Government Home Office and Justice Minister, Kit Malthouse, who told MSPs to stop focusing on drug consumption rooms being set up, appealing for a focus on better treatment options instead of “wrestling with these legal and practical difficulties”. Mr Malthouse appeared before a Holyrood committee set up to examine Scotland's record number of drug deaths after 1,339 fatalities were confirmed in the latest annual statistics, the highest in Europe. He claimed that evidence that drug consumption rooms can save lives is “quite limited”.  Mr Malthouse posed hypothetical questions including whether people travelling to use any drug consumption rooms could face arrest for possession of drugs and liability for those working at the facilities if there is a death.  Mr Strang was pressed over the UK Government minister warning that drug consumption rooms could encourage people to take drugs. He said: “It reveals a mindset that drug use is about criminality. He was talking about encouraging crime and I think the argument for them is about tackling Scotland’s public health crisis".
    Public officials to have legal duty to ‘ask and act’ to tackle homelessness
    The Scottish Government is proposing that public bodies including the health service will have a legal duty to “ask and act” in a bid to prevent homelessness, meaning they will be required to identify people at risk of becoming homeless and take action themselves or refer the person to get help. Housing Secretary Shona Robison said the plans will form part of a Housing Bill. She also commented: “There are also new duties proposed for landlords, including in relation to domestic abuse, which continues to be the main reason for homelessness among women. The proposals do not stop there. They also aim to make changes to existing homelessness legislation to ensure that local authority housing departments are able to act sooner – up to six months before homelessness may occur.”
    OTHER
    Geoff Clarke QC
    Geoff Clarke QC of Compass Chambers has died suddenly while hillwalking. Mr Clarke, who stepped down as chairman of Faculty Services Limited (FSL) in December after holding the post for three years, called to the bar in 1994 and took silk in 2008. Dean of Faculty Roddy Dunlop QC said he had the “heaviest of hearts” in breaking the news to members. "Geoff, until recently chairman of FSL, was a prominent member of the senior bar. He was also my friend, and a friend to many of you", he said. "Geoff leaves wife Kelly, and sons Kieran and Calum. The thoughts of Faculty are first and foremost with them. But my thoughts are also with his many friends at Faculty and in the wider profession".
     


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