Legal Matters Scotland
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20th April 2023

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THE LAW
Scottish government declines to make public the legal opinion regarding gender law challenge
A senior minister has stated that the Scottish Government will not publish the legal advice it has obtained in connection with its challenge of the UK Government's rejection of gender reforms. Shirley-Anne Somerville, the Scottish Social Justice Secretary, told MSPs that her government has "no choice" but to fight the Section 35 order that prevented the Gender Recognition Reform (Scotland) Bill from being submitted for royal assent. The UK Government asserts that the proposal would have an effect on the country's equal protection laws. By eliminating the requirement for a medical diagnosis, the Bill will make it simpler for trans persons to receive legal acknowledgment of their acquired gender, but some of its opponents have expressed concern that it may have an impact on the safety of women and girls.
Sarwar promises that Labour will overturn anti-trade union laws
In a speech criticising the Conservatives, Anas Sarwar stated that Labour would overturn "draconian" anti-trade union legislation if it were to win power at Westminster. The Scottish Labour leader also stated that he anticipates his MSPs to show support at picket lines when employees go on strike in his remarks to attendees at the Scottish Trades Union Congress (STUC) convention. Mr Sarwar added that Labour would go beyond simply repealing the Strikes (Minimum Service Levels) Bill, which establishes a minimum standard of performance for employees during industrial action.


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

 
TECHNOLOGY
Lawyers fear ChatGPT will threaten jobs
Catherine Baksi considers in the Times the impact ChatGPT will have on the legal industry, with some experts believing it will threaten jobs. Research published by Thomson Reuters showed that 9% of large commercial law firms in the UK were either using generative AI, such as ChatGPT, or planning on adopting it, compared with just 3% in the US. While some companies are embracing the possibilities it brings it also providing headaches for others. Global businesses, including JP Morgan and KPMG, are reported to be blocking its use because of privacy concerns. Meanwhile, Ravi Naik, of the law firm AWO, says that “using ChatGPT as the sole source for legal advice right now is fraught with danger". This is because it produces plausible but not necessarily factually correct text and has been shown to invent sources for its conclusions. Richard Susskind, chairman of the British Legal Technology Forum, adds that some commentators are “hugely overstating” the short-term impact of AI on law but warns that they are “understating its long-term effects”. He predicts that towards the end of the decade “great swathes” of lawyers’ work will be taken on by machines.
Virtual reality will be used at Scottish courts to help witnesses prepare themselves
A prototype that will enable victims and witnesses to explore and engage with a virtual replica of Glasgow Sheriff Court and High Court before the case in question goes to trial has been developed as part of a Scottish Government project supported by more than £500,000. The government intends to adapt the technology, which was provided by specialised company Immersonal, and use it at additional courthouses across the nation, with the goal of eventually enabling virtual visits for all 52 Scottish criminal courts. Depictions of the people and objects can expect to encounter when they go to court will be featured in the virtual environment, which can also be accessed via a regular laptop or mobile device. The goal is to help people familiarize themselves with what can be an intimidating, and frequently retraumatizing environment.
INDUSTRY
Society launches 2023 In-House Rising Star Award
The Law Society of Scotland has launched its In-House Rising Star Award for 2023. Now in its 11th year, the award provides recognition for the important work of in-house practitioners and in particular the contribution of trainees and recently qualified solicitors. In-house teams are being urged to nominate the best emerging talent in their workplaces with up to five years post qualification experience. Co-Conveners of the Law Society of Scotland’s In-House Committee, Sheekha Saha and Vlad Valiente, said: “The nominations and winners we’ve seen through the years have been inspiring, and we have no doubt that trend will continue in 2023. We’re looking forward to celebrating the winner and other shortlisted candidates at our in-house annual conference in June. It’s one of the major highlights of our in-house tailored CPD calendar".
Charity seeks Spanish-speaking lawyers for advice help
Oficina Precaria Scotland, a charity providing legal and welfare advice to Spanish speakers in Edinburgh is appealing for Spanish-speaking Scots lawyers to join its advice service. "We are creating a referrals list because we only provide advice, not representation", the organisation says. "On the rare occasion when people do need representation, it would be useful to know of any Spanish-speaking lawyers who would be happy to be contacted. Our work centres mainly around employment, family, consumer and immigration law."
PROPERTY
Low growth trend for house prices continues
According to the most recent data from the UK House Price Index provided by Registers of Scotland, the average annual house price rise across Scotland remained muted at 1% in the year to February 2023, the same as in January. On a non-seasonally adjusted basis, the preliminary average for the month of £180,287 was also 2.6% lower than the average for January. Seasonally adjusted, the decline amounted to 0.3%. Detached, semi-detached, and terraced properties experienced average price growth of between 1 and 2% over the course of the year, whereas the average price of flats fell by 0.5%. The average price in the UK was £287,506, up 5.5% from February 2022 but down 1.0% from January 2023 to February 2023 (or 0.3% on a monthly basis).
CASES
Pupils abused by teachers at Loretto School, inquiry finds
The Scottish Child Abuse Inquiry has found that pupils suffered sexual, physical and emotional harm at Scotland's oldest boarding school. Chair Lady Smith said pupils at Loretto School were abused by a small number of staff and other children. The Musselburgh school has apologised unreservedly to the victims of abuse. The inquiry found that among the staff who carried out abuse was the late Guy Ray-Hills – a French teacher at Loretto junior school the Nippers between 1951 and 1967. Lady Smith described him as a "prolific sexual predator". He groomed many children and established abusive sexual relationships with them, some of which were one-offs but others lasted for four years, she found. Lady Smith found the response by Loretto to the behaviour of Ray-Hills at the time was "woefully inadequate" and he was allowed to resign rather than being dismissed.
Man charged with explosive offence appeared at Glasgow Sheriff's Court
Following an incident in North Glasgow, a man has appeared in court accused with an alleged "explosives offence." At Glasgow Sheriff Court, 50-year-old Christopher Scarr did not enter a plea or make a statement. He was sent back in detention and has an eight-day court date coming up. This comes after police took a suspicious object from a flat on Petershill Road on April 17.
OTHER
Formidable solicitor Frank Lefevre passes away
Renowned Aberdeen solicitor Frank Lefevre has died aged 88. Mr Lefevre, who dedicated almost six decades to seeking justice for those wronged, will forever be remembered as the “formidable advocate”, who shook up the legal system. While he was an extremely successful criminal solicitor, one of his his most remarkable achievements was introducing the no-win-no-fee culture to the UK. Mr Lefevre identified a crucial flow in the civil legal aid system following one particular injury claim in 1986. Determined to fix that, he sought some advice from a Texan lawyer and set up his own firm Quantum Claims in 1988 to replicate the American way of working in Scotland. Colleagues at his firm Lefevre Litigation announced the news of his death, saying he will be missed by many in Scotland and beyond.
 


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