Legal Matters Scotland

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THE LAW
Sturgeon's team hits back at lawyers
Nicola Sturgeon's spokeswoman has hit back at lawyers who accused the former First Minister of using Trump tactics to undermine their arguments against juryless trials. The legal profession opposes the Scottish Government's proposal for a pilot for judge-only trials for cases of rape and attempted rape, amid concerns it would breach the accused's right to a fair trial. Sturgeon's comments have drawn criticism from senior legal figures, including Lord Hope and Lord Uist. However, the spokeswoman said that the reaction to her newspaper article "underlines the point" Ms Sturgeon was making about the current public discourse and is "a feature of modern politics."
Scottish Government taken to court over "trashing" of seabed
Environmental group Open Seas is taking the Scottish Government to court over its authorisation of scallop dredging and bottom-trawling, which it claims is causing significant harm to the seabed. The group has used underwater remote operated vehicle technology to record damage to marine habitats around Scotland's coast. Open Seas has accused the government of "regulatory negligence" and is mounting a legal challenge to the government on the issue, with a petition for judicial review to be heard at the Court of Session in Edinburgh. The charity argues that a general licence decision to allow scallop dredging and bottom-trawling is unlawful where this causes damage to marine habitats.


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
UK military justice system fails women
The UK military justice system is failing to protect servicewomen, according to damning evidence presented to the Defence Sub-Committee. The evidence, given by uniformed and civilian clinicians and administrative support staff, highlights serious problems persisting despite the Ministry of Defence's introduction of new measures to tackle unacceptable sexual behaviour. The evidence includes case studies of servicewomen who were raped and sexually assaulted, and who felt they had no option but to "put up and shut up". The complaints system is not functioning as it should be, and criminal cases of sexual assault and rape must be removed from the Service Justice System and handed over to civilian courts, the evidence shows. Defence Secretary Ben Wallace suggested there had been insufficient evidence in 2021 that moving sexual assault cases out of the military courts would improve the system.
PROPERTY
First Minister: Developers must fix cladding or face legal action
First Minister Humza Yousaf says that developers will face legal action to force them to remove dangerous cladding from residential properties if they fail to do it themselves. There are more than 100 buildings across Scotland being assessed for dangerous cladding and if there is an “immediate fire risk”, Mr Yousaf said action will be taken. “Our preference has always been that voluntary agreement with developers and getting agreement of the accord", he said. “But let me be we are putting the safety of residents first and foremost and we will use all the powers we have, and I reiterate that if necessary we will use legislation to ensure developers do the right thing so we can get on with remediating buildings in line with Scottish building standards".
FIRMS
Blackadders solicitor wins two STEP excellence awards
Taylor Henry, a senior solicitor at Blackadders, has been awarded two Worldwide Excellence Awards by STEP, the Society of Trust & Estate Practitioners. She achieved the highest mark in her accounts exam and the highest overall mark on the STEP Diploma. This is the second year in a row that a solicitor from Blackadders has received the overall excellence award for the full two-year SREP Diploma, following the success of Robyn Lee last year.
SOCIAL
Schools report rising numbers of violent incidents
Violence in Scotland's schools has reached a five-year high, with nearly 15,000 incidents reported last year. Figures obtained by the Scottish Liberal Democrats through Freedom of Information requests reveal that 10,852 incidents were reported in Scotland's primary schools in 2021/22 compared to 10,772 in 2018/19, while there were 2,951 reports of violence in secondary schools in 2021/22 compared to 2,728 in 2018/19. The true figure could be significantly higher, STV notes, as Glasgow and South Ayrshire did not provide data, while some other councils only reported figures for violence against staff, not pupils. Liberal Democrat education spokesperson Willie Rennie said Scotland needs "a considered approach that gets straight to the root cause of the violence. We also need to invest far more in specialist provision, such as classroom assistants, education psychologists and specialist teachers".
CASES
Offshore worker jailed for £550,000 Aberdeen drugs haul
An offshore worker caught with a £550,000 drugs haul in Aberdeen has been jailed for three-and-a-half years. Lee Macrory, 29, was found with cocaine and diamorphine at his home in East Main Avenue in December 2021. The cocaine alone was worth about £500,000. He was jailed by Lord Scott at the High Court in Edinburgh. "You have pleaded guilty to two serious charges, involving being concerned in the supply of two different Class A drugs", he said. "Your senior counsel has acknowledged the gravity of the charges". He added that Mr Macrory would have faced a five-year prison term if not for his guilty plea.
Woman charged with cruelty in connection with alleged child abuse
A 75-year-old woman, Patricia Baxter, has been charged with cruelty in connection with an investigation into alleged child abuse at a council-run holiday home, Fornethy House, near Kirriemuir in Angus. Baxter appeared at Forfar Sheriff Court in private on May 11 to face 16 charges under common law.
Four-year-old boy murdered in Paisley flat
The death of a four-year-old boy in a flat in Paisley is being treated as murder, police have said. Kayden Frank was found dead at a property in Argyle Street on Monday evening, along with the body of a 38-year-old man. Police said the man's death was not being treated as suspicious. They said there was no suggestion anyone else was involved and inquiries were ongoing.
 


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