Legal Matters Scotland
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23rd November 2022

A free early morning round up of news for legal professionals across Scotland.
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INDEPENDENCE
Supreme Court to rule on second Scottish independence referendum
The supreme court is set to rule today whether the Scottish parliament can hold a second referendum on independence without Westminster approval. It follows a two-day hearing in October before five judges, led by Robert Reed, the supreme court president. The hearing came after Scotland's chief law officer, the lord advocate Dorothy Bain, referred the question of whether Holyrood requires Westminster's approval at the request of the first minister, Nicola Sturgeon. Should the supreme court rule in her favour, and with support for independence hovering around 50% in recent polling, Sturgeon has said she wants to hold the next referendum on 19 October 2023. If it rules against, the SNP leader told her party conference in October that it would leave her with no choice but to “put our case for independence to the people in an election”. Stephen Noon, a former adviser to Alex Salmond and chief strategist for Yes Scotland, said he thought the most likely result was a "no" or "no decision". Scottish Tory leader Douglas Ross said: "Whatever the verdict of the Court, a second independence referendum next year is the wrong priority at the worst possible time."


 Millar & Bryce Search Capability Integrated into Denovo Legal Software

Millar & Bryce this week announced a full integration with case management specialists Denovo Business Intelligence. The integration will allow lawyers using Denovo’s CaseLoad software platform to order property searches through Millar & Bryce. All ordering, updates and report downloads sync automatically with CaseLoad, including the M&B invoice. Conveyancing teams working within Denovo’s CaseLoad platform can now order core search products from Millar & Bryce, without ever leaving their case management system. 
Denovo Software Integration with Millar & Bryce

 
INDUSTRY
Divorce battles hinging on the custody of an animal
The Telegraph reports the growing number of divorces battles that involve the custody of an animal. According to Direct Line Pet Insurance, more than a quarter of divorces involve a dispute over the custody of an animal, and in 2021, 56% of divorces involved a decision over who should keep a couple's dog. Magnus Mill, a partner at Alexiou Fisher Philipps, says there is no specific "pet law" that applies to dogs, meaning precious animals are legally classed as "chattel", giving them the same standing as cars, sofas and crockery. He adds: "Often both halves of a couple want outright ownership of their pet. A judge will treat it as just one part of the couple's combined assets and give ownership to either spouse - regardless of who paid for the dog or who looks after it most of the time."
BREXIT
Downing Street conducting review of plans to scrap or retain all EU legislation
The Cabinet Office is conducting a review of plans to scrap or retain all EU legislation in UK law by the end of next year. The move comes amid concerns that assessing whether to keep the 2,400 pieces of legislation would place excessive pressure on some government departments and on parliamentary time. A Downing Street source insisted that Rishi Sunak was still committed to the “ambition” of the review and wanted to see the vast majority of legislation either scrapped, amended or retained by the end of next year. However, they conceded that some government departments with large amounts of EU legislation — such as the Department for Agriculture, Food and Rural Affairs — might need more time. They said: “The prime minister is focused on getting this done and dusted but it is a case of co-ordinating with other government departments to ensure that we do hit that deadline and see where any potential problems are.”
THE LAW
Social media firms to be forced to hand over dead children’s data
Amendments set to be tabled to the Online Safety Bill will give parents the right to access their dead children’s social media accounts. The move is designed to prevent a repeat of the five-year delay in access experienced by the grieving parents of Molly Russell, the 14-year-old who took her own life in 2017 after being bombarded with graphic posts encouraging self-harm and suicide on social media platforms. Social media bosses will be required by law to unlock the data or face multi-million-pound fines and up to a year in jail under the plans.
CASES
Royal heckler will not face court
A man charged with breach of the peace after the Duke of York was allegedly heckled as he walked behind the Queen's coffin will not face court, prosecutors have said. The 22-year-old was arrested after the incident, which occurred as Andrew walked in the procession as it made its way from the Palace of Holyroodhouse in Edinburgh to St Giles' Cathedral on September 12. The Crown Office said the case has been dealt with "by way of an offer of an alternative to prosecution".
Fare dodger fined 50 times original ticket price
A man who neglected to pay a £5.90 rail fare from Edinburgh to Inverkeithing, has been fined £300 at Dunfermline Sheriff Court. Defence lawyer Graham Mann said Marcus Long had paid for a journey but was £3 short of the full fare. He pled guilty to breaching the Regulation of Railways Act 1989 and to a second charge of acting in a threatening or abusive manner, and was warned that any breach of the order could lead to up to three months in prison.
HOLYROOD
Ministers to be named even if complaints not upheld
Deputy First Minister John Swinney has told Holyrood's Finance and Public Administration Committee that a new Scottish Government complaints procedure will begin publishing figures next month, although there are not currently any complaints in progress against ministers. The new procedure allows for ministers to be named if they are the subject of complaints by civil servants, even in cases where the complaint is not upheld. Committee convener Kenneth Gibson raised concerns that ministers who are innocent of wrongdoing would be "vilified" after being named, and Mr Swinney said there is a "careful balance to be struck here, between the nature of a due process to be undertaken and the need for there to be transparency about the way these issues are being handled".
ECONOMY
Small businesses in Scotland on track for record investment year
Small businesses in Scotland on track for record investment year Scotland's small businesses saw equity investment grow by 34% to £411m in the first half of this year, putting it on course to beat last year's full-year record of £540m. Susan Nightingale, director of the UK Network in Scotland at the British Business Bank, said: “In recent years, the use of outside funding sources has remained steady among Scotland's smaller businesses, with equity finance a notable growth area. That said, we are facing a challenging winter and the cost of living crisis will bring added pressures for smaller businesses that could affect their requirements for funding and ability to access support.”
OTHER
Alcohol sales down 3% under minimum unit pricing
A new Public Health Scotland report has found that sales of alcohol in shops in Scotland have fallen by a net 3% compared with England and Wales since the introduction of minimum unit pricing. The biggest reductions, the report says, were in sales of cider and perry, while sales of wine and fortified wine increased. Public health minister Maree Todd said the introduction of minimum unit pricing "is achieving what it set out to do - a reduction in sales overall with a focus on the cheap high-strength alcohol, which is often drunk by people drinking at harmful levels."
 


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