Legal Matters Scotland
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14th April 2023

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THE LAW
Government plans to make businesses liable for workers' fraud
Ministers are planning to make it easier to prosecute a large organisation if an employee commits fraud for the benefit of a business. Businesses which fail to deter fraud will face enforcement action and prosecutors will not have to prove that company bosses ordered or knew about the fraudulent activity. The new measure will be added to the Economic Crime and Corporate Transparency Bill. The legislation is currently making its way through parliament. Security Minister Tom Tugendhat said: “Our new failure to prevent fraud offence will protect consumers from dishonest and misleading sales practices, and level the playing field for the majority of businesses that behave responsibly.” Susan Hawley, executive director of campaign group Spotlight on Corruption, said: “The introduction of this offence is a major milestone for the UK."


Leading by Listening – Why hundreds of Law firms are working with Denovo

Denovo have seen a resurgence over the past few years, with hundreds of Scottish law firms turning to the Glasgow-based legal software provider to help them run their business more efficiently. Denovo’s Head of Marketing, Grant Yuill, has given his thoughts on why so many solicitors are choosing Denovo over other legal tech providers. The interview outlines Denovo’s ethos of truly listening to the issues lawyers face, while treating lawyers as the innovators. As well as touching on how the legal tech world is evolving.

Read more

 
INDUSTRY
Law Society invites nominations for new Council members
The Law Society of Scotland has opened nominations for membership of its decision-making body, representing members working across the UK. Becoming a member of the Law Society Council provides an opportunity to influence key decisions, contribute to the work of the Society and help to represent and support local solicitors. “I became a Council member for the Arbroath, Dundee and Forfar constituency in 2015, and the experience has been both challenging, and also hugely rewarding. I have relished the opportunity to engage in issues of real significance and make a difference for the legal profession and wider civic Scotland", said Murray Etherington, President of the Law Society of Scotland. “As a Council member you will expand your network, broaden your understanding of issues affecting the legal profession and the clients they serve and represent the views of solicitors from your region. It is a unique and valuable opportunity, and I would strongly encourage my fellow Scottish solicitors to stand for election".
PROPERTY
Care home at bowling club site rejected on appeal
A Scottish Government reporter has upheld Glasgow City Council's decision to refuse planning permission to Northcare Scotland for a proposed luxury care home on the site of Anniesland tennis and bowling club. While Northcare argued that the 60-bed home would create 90 permanent jobs, and that a proposed community garden would outweigh the loss of a "surplus bowling club", residents had expressed concerns of the loss of green space, light pollution, and overlooking issues.

 
STV
CASES
Former judge critical of gender reform challenge
The Scottish Government's legal case against Westminster's decision to block its gender recognition reforms is "weak", a former Supreme Court judge has said. Lord Sumption said the case would be "very difficult" to win. Lord Sumption said that if the legislation had been allowed to pass, "the result will be that some UK citizens will have a different legal gender in different parts of the UK depending on where they happen to be. That poses really quite serious legal and practical problems for employers and for public authorities operating equalities legislation on a UK-wide basis". Commenting on the merits of the case, he said: "The Scottish Government's legal position is arguable, but I think it is weak."
ECHR considers asylum seeker’s plea over Rwanda deportation order
European judges are threatening to intervene over Rwanda deportation flights by considering claims that they breach asylum seekers’ human rights. The European Court of Human Rights (ECHR) announced that it had accepted the application of an asylum seeker in Britain who is challenging his deportation to Rwanda. The asylum seeker is claiming that it would be a breach of his human rights to be sent to Rwanda as he would be at risk of “inhuman and degrading treatment” and could not expect a fair assessment of his application. The appeal directly to the Strasbourg court under Article Three of the European Convention on Human Rights could open up a new front in attempts by lawyers, asylum seekers and campaign groups to block the Rwanda flights.
Library and pool closures could face legal challenge
The Save Aberdeen Libraries and Save Bucksburn Swimming Pool campaign groups, which have been protesting against Aberdeen City Council plans to close the swimming pool and six libraries, have met with legal professionals ahead of a possible legal challenge to the closures. The groups say they have received legal advice "that the council has failed to undertake proper equality impact assessments in relation to the impact closure will have on local people with protected characteristics under the 2010 Equality Act – including those with disabilities and young and older people", and lawyers from Govan Law Centre and Grampian Community Law Centre are now backing the campaign for the facilities to be reopened.
FIRMS
Senior solicitor hire adds to Lindsays' Rural team
Lindsays has appointed Chloe Shields as a senior solicitor in its Rural Services department, taking the team strength to 15. Previously part of the Rural team at Brodies, Ms Shields, who will be based in Edinburgh but working with clients across Scotland, is experienced in working with landowners, commercial lenders, private investment funds and asset managers, on estate management, voluntary registrations, property finance, and acquisitions and disposals of all types of rural property. The news comes on the back of a double promotion announced in the team earlier this month and the return of Leanne Gordon as director in March. 
EMPLOYMENT
Many care staff worked unpaid during pandemic
A new report compiled by researchers at Warwick Business School, University College London and the Centre for Health and the Public Interest think tank has found that many care home staff worked extra unpaid hours during the COVID-19 pandemic to keep homes from collapsing - while the Government had failed to plan for "highly predictable" damage to the care sector's viability in the event of a pandemic. While £2.1bn of public money was injected into the care sector at the height of the pandemic, the report found, much of this funding did not reach the front lines and ended in 2022, while in the first year of the pandemic, 122 large for-profit care home firms increased the dividends paid to their shareholders by 11% compared to the previous year.
Council reveals figures for staff investigations
Following a Freedom of Information request submitted by Cllr Michael Kusznir, Aberdeen City Council has revealed that 44 of the council's 8,861 employees are currently being formally investigated for alleged breaches of "disciplinary, dignity, respect at work and grievance procedures". Cllr Kusznir said it is "only right that where there are allegations of misconduct within a taxpayer-funded organisation that the incidents are investigated", adding: "Given the size of the council's workforce thankfully it is a small number. I want to pay tribute to the number of officers who continue to deliver for the city in often challenging circumstances."
HOLYROOD
New rules to crack down on Holyrood protests
Alison Johnstone, the presiding officer of the Scottish Parliament, has announced new rules to "protect the integrity of chamber business" after a series of disruptive protests in the public gallery. Ms Johnstone said the new arrangements "will come into force immediately", and will require those booking tickets to attend First Minister's Questions to provide the name and postal address of everyone attending, while attendees will be subject to ID checks. Ms Johnstone said anyone "wilfully disrupting business will face a six-month exclusion from the gallery".
Seized motorhome is property of SNP
SNP leader Humza Yousaf has confirmed that a £110,000 motorhome, seized by police from outside the home of former party chief executive Peter Murrell's mother, belongs to the party. There have been reports that the vehicle was purchased by the party as a Covid-compliant 'battle bus' for the 2021 Holyrood election. Meanwhile, the Herald reports that the SNP's Westminster group could lose its eligibility to just over £1m of so-called Short money used to support the group if it cannot engage a new auditor to sign off its accounts by May 31.
 


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