Legal Matters Scotland
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30th September 2022

A free early morning round up of news for legal professionals across Scotland.
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INDUSTRY
Backlogged criminal trials may not be cleared until 2026
Serious criminal trials backlogged in Scotland's Sheriff Courts due to Covid-19 restrictions may not be cleared until 2026, according to new figures. The backlog of solemn business may not be cleared until March 2026 and at the high court until 2025 due to the continuing trend in increased case levels on top of the Covid backlog, according to statistics released by the Scottish Courts and Tribunal Service (SCTS). Summary criminal cases for less serious crimes should be cleared by March 2024. SCTS say they are switching court recovery resources from summary to solemn in order to work through cases more quickly. The figures also show the overall level of new cases registered is 87% of the average pre-Covid level. Additionally, the number of petitions, which provide a “useful indicator” of future solemn business, are 25% higher than the average monthly pre-Covid level. The average time between the pleading diet and evidence-led trial is 49 weeks for the High Court compared to the pre-Covid level of 22 weeks.



 
THE LAW
Bail bill only a partial solution to remand numbers
The Law Society of Scotland has given broad support for proposed changes to bail and release from custody arrangements, but remains concerned at the high number of accused people being held on remand. The Society recently submitted its response on the Scottish Government’s proposed Bail and Release from Custody (Scotland) Bill, indicating that the Bill would provide some significant improvement to the current arrangements. But official figures from the Scottish prison service show the number of people being held on remand at a record high this year. Stuart Munro, Convener of the Law Society of Scotland’s Criminal Law Committee, said: “We are supportive of the proposed Bill, which we believe offers a balanced and holistic approach to decisions made on issues such as the granting of bail and the release of convicted people where appropriate... Unfortunately, we don’t believe this legislation provides the urgent solution that’s needed to the very serious issue of remand numbers."


 
PROPERTY
Edinburgh councillors approve short-term let powers
The regulatory committee of City of Edinburgh Council has approved new short-term let licensing rules that will give the council the power to restrict the use of tenements and shared-door properties for short-term lets, and to ensure that planning permission and safety checks are in place. Cllr Neil Ross, convener of the committee, said the council has "campaigned for years for these new powers and today's decision to implement the new licensing system in the capital is great news for our local communities as well as the visitors who come to Edinburgh each year".


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CASES
Man found guilty of killing Renee MacRae and son in 1976
An 80-year-old man has been found guilty of murdering his lover and their three-year-old son in the Highlands in 1976. A jury has also convicted William MacDowell of disposing of Renee and Andrew MacRae's bodies. The remains of the mother and son have never been found. Sentencing Mr MacDowell at the High Court in Inverness to a life sentence with a minimum 30 years, judge Lord Armstrong said: "These murders appear to have been premeditated and planned in a most calculating way. These appear to be, in effect, executions." Det Ch Insp Brian Geddes, who led a re-investigation of the case that led to the High Court trial, paid tribute to police officers and witnesses who had assisted over the last four decades.
FAI launched into care of Elgin OAP's mentally ill killer
The killing of a pensioner by a man with a mental disorder is to be probed in a fatal accident inquiry. David Johnstone left 83-year-old great-grandfather Frank Kinnis dead and two other victims injured after the attacks in the Elgin area in 2019. He is being held at the State Hospital at Carstairs without limit of time. The inquiry, in Elgin next year, will examine the healthcare Johnstone received before the death of Mr Kinnis happened. Johnstone's concerned parents had contacted NHS 24 twice trying to have their son sectioned. He was acquitted of the offences after the Crown accepted his not guilty plea on the grounds that, at the time, he was unable to appreciate the nature or wrongfulness of his actions because of a mental disorder. 
FIRMS
MacRoberts reports strong growth in year to April 30th
MacRoberts has posted a 10% rise in turnover to £20.6m, while profits were also up by 17%. The Scottish commercial law firm's statement for the financial year to April 30th also showed new partner promotions for Nicole Cook and Mark Quinn in property, as well as a lateral partner appointment for Isobell Reid in commercial dispute resolution. MacRoberts highlighted an "exceptional year" from its credit management specialist Yuill+Kyle, a property move to new offices in Edinburgh, and significant upgrades and investment to all of its business-critical IT platforms and infrastructure, along with "several new significant [client] wins".
Miso Legal downloads major funding package
Edinburgh-based Miso Legal, which harnesses technology to help litigators, has raised six-figure seed funding from an international group of angel investors, which it plans to invest in enhancing and marketing the case-analysis platform created to help users better manage their document-heavy, complex caseloads. Thorntons saw its specialist high-growth team assist in structuring and completing the capital raise, while it has also itself adopted Miso Legal across its litigation teams. 
CRIME
Number of domestic abuse charges has decreased
Crown Office and Procurator Fiscal Service (COPFS) data shows that in 2021-22, 32,776 charges with a domestic abuse identifier were reported to it. This was 1.9% down on the 2020-21 total of 33,425 but was the second highest number of charges reported since 2015-16. The most common types of domestic abuse-related offences reported in 2021-22 include threatening and abusive behaviour (28%) and assault (25%). There were 12 murder or culpable homicide charges with a domestic abuse identifier, a further 564 serious assault or attempted murder charges and 682 rape or attempted rape charges. A total of 1,010 stalking charges were reported to COPFS, of which 57% were identified as domestic abuse related. Lord Advocate Dorothy Bain KC has renewed her pledge to tackle domestic abuse and stalking with robust prosecution of offenders.
EMPLOYMENT
Sale of Glasgow public buildings to fund equal pay settlements
Glasgow City Council members have approved a new strategy that will see council buildings - including the Kelvingrove Museum and Art Galleries and the City Chambers - sold to arms-length body City Property to raise around £200m to help cover the cost of equal pay settlements. A number of other buildings, including the SEC Armadillo, City Halls and the Museum Resource Centre, have already gone through the same process, and council leader Cllr Susan Aitken says that raising sufficient funds to cover claims has been "exceptionally challenging". "However, the city's historic failures on equal pay come at a price", she said.
Unite and Unison vote to accept COSLA pay offer
A ballot of Unison members has seen 67% vote to accept the latest pay offer from COSLA, while 70% Unite members have also voted to accept the offer - meaning that all three unions representing council workers have now accepted the deal, averting the threat of possible future strike action. The deal will provide a £1,900 pay boost for workers earning less than £39,000 a year.
HOLYROOD
Complaints to troubled ethics body may not be reinvestigated
Holyrood's Public Audit Committee have heard that despite auditors uncovering "disturbing" levels of failings at the Commissioner for Ethical Standards in Public Life in Scotland (CESPLS), there are "legal barriers to the reinvestigation of historic complaints" about the conduct of MSPs, councillors, and members of other public bodies. Convener Richard Leonard questioned why it was "so categorical" that historic complaints could not be reinvestigated. MSP Maggie Chapman, representing the Scottish Parliament Corporate Body, which oversees CESPLS, said it is "up to the commissioner" to take that decision, and that "having sought legal advice, the acting commissioner has been very clear he cannot do that".
INTERNATIONAL
Trumps accused of inflating value of Scottish golf resorts
A fraud lawsuit filed against Donald Trump and three of his children in New York has accused the family firm of knowingly inflating the valuations of its Scottish properties. It is alleged the Trump Organization lied about the value of real estate to get loans and pay less tax. The legal action has included claims about both Trump resorts in South Ayrshire and Aberdeenshire. Mr Trump has dismissed the lawsuit as "another witch hunt". The lawsuit has been brought by New York attorney general Letitia James after a three-year civil investigation. The former US president's eldest children, Donald Jr, Ivanka and Eric Trump, were also named as defendants alongside two executives at the Trump Organization, Allen Weisselberg and Jeffrey McConney.
REGULATION
PSR will make banks reimburse fraud victims
Banks will be forced to reimburse anyone who loses more than £100 to bank transfer or payment fraud under new plans outlined by the Payment Systems Regulator (PSR). As of next year, victims will get their money back in all but “exceptional cases.” The regulator said the policy change will “incentivise banks and building societies to prevent scams.” The PSR says banks must settle all fraud claims within 13 months. It also proposes that liability for refunds should be split between the sending and receiving bank, with current rules stating that only the bank where the money is sent from is liable.
 


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