Legal Matters Scotland
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15th June 2023

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INDUSTRY
Edinburgh charges most for divorce advice, claims Lawhive
A UK-wide survey of solicitors carried out by Lawhive has found Edinburgh to be the most expensive city in Britain to get a divorce. At £285 per hour, Scotland's capital came ahead of both London and Leicester, which took joint second place with an average rate of £280 per hour. Glasgow was not far behind, ranking eighth out of the 50 cities surveyed, with an average hourly rate of £266.67.  The research, which was carried out by Lawhive, is on average based on 3.5 quotes per city. Rates in Dundee were marginally lower than Glasgow, at £256.67, which saw the city come in at 17th place. However, quotes from solicitors in Aberdeen produced an average hourly rate of £211.67, placing it fourth lowest in the survey. "The opportunity to save a considerable sum by selecting a solicitor in Aberdeen instead of Edinburgh highlights the importance of working with solicitors remotely in alternative locations for cost-effective divorce services", said Lawhive co-founder and chief data officer Flinn Dolan. "The substantial cost differences between cities emphasise the importance of shopping online for affordable remote solicitors".
Franco-British Lawyers Society resumes CJEU visits
The Franco-British Lawyers Society is resuming its series of visits to the Court of Justice in Luxembourg, after a long gap caused by COVID. The next visit will take place on Tuesday, July 4th 2023, arriving in Luxembourg the previous evening. With the Society's current President being a former member of the General Court of the European Union, the visit will concentrate on the role and functioning of that court, together with, for the first time, the adjacent offices of the European Public Prosecutor’s Office. 



 
THE LAW
Stage 1 report backs Child Justice Bill
The bill to increase the safeguards and support for children and young people involved in offending behaviour has won the backing of MSPs in its stage 1 report. – but with a number of issues being raised for the Scottish Government to address. Under the Children (Care and Justice) (Scotland) Bill, most 16- and 17-year-olds in Scotland would be referred to the children’s hearing system, rather than the adult justice system. Holyrood’s Education, Children & Young People Committee concluded that the change could help address underlying issues and stop young people from reoffending; however, it urges the Government to work with Children’s Hearings Scotland to set clear targets and timescales to recruit and train more panel members to deal with the increase in referrals resulting from the bill.  "We welcome the changes in this bill that will ensure that 16- and 17-year-olds would have access to the children’s hearing system", said committee convenor Sue Webber MSP. "But improvements are needed before the bill becomes law. We are alarmed that referral to the children’s hearing system seems to have an effective cut-off at 17.5 years old. This cut-off seems to be based on the length of time it might take for a case to be processed. We want the Scottish Government to address the delays the system appears to face and ensure that support is provided up to 18 years old, as was intended".
Glasgow health board raises awareness on second-hand smoking
Glasgow's health board is promoting the No Smoking Policy in hospitals to reduce the risks and effects of second-hand smoke. Second-hand smoke can have significant health implications for those who have breathing problems, heart issues and certain types of cancers, as it contains more than 4000 irritants and toxins. The Scottish Government has introduced new legislation that creates a 15-metre non-smoking zone around NHS hospital buildings to reduce exposure to second-hand smoke for patients, staff and visitors. Joris van der Horst, consultant respiratory physician at NHSGGC, said, "When you smoke, it is not just your own health that is being put at risk, but also the health of those around you."
CASES
Paedophile ring at Celtic Boys Club for 30 years
A lawyer representing victims claims that a paedophile ring operated at the heart of Celtic Boys Club for over 30 years. The Case Against Celtic Boys Club is a new podcast that aims to reveal the inside story of one of the biggest child abuse scandals in sport. The documentary's makers have released a preview of the first episode, giving listeners fresh insight into the trauma suffered by the victims. The series sets out to reveal details about the legal battle between victims' lawyers and Celtic FC, who insist the Boys Club was a separate entity. Patrick McGuire, of Thompsons Solicitors, told the podcast: “Children who were entrusted to that organisation were abused year after year, decade after decade, broken child after broken child. It's an absolute scandal that's at the heart of Scottish football .” Thompsons Solicitors is representing 28 survivors in a class action against Celtic FC.
Rapist's bid to reduce sentence fails
A predator who raped a young woman while at liberty for a similar attack has failed in a bid to have his 10-year jail term slashed. Dorel Simion was convicted of raping two highly vulnerable victims when they were incapable of consenting. The second rape was aggravated by being committed while the appellant was on bail for the first charge. The criminal justice social work report disclosed that the appellant had little insight into the impact of his offending. The cumulo sentence of 10 years' imprisonment was not excessive in view of the gravity of the offences.
FRAUD
TSB urges Meta to address fraud risk
TSB Bank has called on Meta to take greater measures to protect consumers from fraud. Industry analysis suggests that consumers could lose up to £250m from Meta platforms in 2023 unless the Facebook owner takes action. TSB analysis earlier this year showed that fraud instigated through content on Meta accounts for 80% of fraud cases within the bank’s three biggest fraud categories, while Lloyds found that two-thirds of all online shopping scams affecting UK consumers start on Meta-owned platforms, with someone falling victim to a scam every seven minutes. Paul Davis, director of fraud prevention at TSB, said: “Meta needs to face up to its responsibility: it has a duty of care to the millions of customers who use its platforms.” In a letter to Meta, TSB chief executive Robin Bulloch said the tech firm should introduce a secure payment mechanism and stop unregulated firms advertising on Facebook and Instagram.
SOCIAL
UK abortion laws under scrutiny after mother-of-three jailed
The UK's abortion laws have come under scrutiny after Carla Foster, a mother-of-three, was jailed for two years for inducing an abortion after the legal limit. Scotland's abortion law is underpinned by common law, but is set by the statutory 1967 Abortion Act, which outlines the circumstances in which abortion is legal in England, Wales and Scotland. The Act necessitates that two doctors certify that a woman meets one of the grounds for an abortion, that the abortion takes place in an NHS hospital or licensed premises, and that the abortion is directed by a registered medical practitioner. The Human Fertilisation and Embryology Act 1990 reduced the time limit for abortion to 24 weeks. The Scotsman notes that there are now several charities in Scotland campaigning for the decriminalisation of abortion.
POLICING
Police Scotland appoints Jo Farrell as first female chief
Police Scotland has announced the appointment of its first female chief constable. Jo Farrell, the current chief constable of Durham Constabulary, will replace Sir Iain Livingstone, who is retiring in August. She was in charge in Durham during its high-profile "beergate" investigation into Labour leader Keir Starmer, who was cleared of any wrongdoing following allegation he breached coronavirus rules. Ms Farrell also led the force during Dominic Cummings' infamous trip to Barnard Castle, County Durham, during the height of the COVID pandemic. Justice Secretary Angela Constance, who approved the appointment, said Ms Farrell "has shown she has the skills needed to lead the service". Sir Iain said: "Leading our outstanding officers and staff as Scotland's chief constable is an enormous privilege. I have great confidence Jo will continue to develop our service to protect and serve our fellow citizens".
TECHNOLOGY
EU to pass groundbreaking AI legislation
The European Union is set to pass groundbreaking legislation governing the use of artificial intelligence (AI) systems. The AI Act will classify AI systems according to four levels of risk, with riskier applications facing tougher requirements, including being more transparent and using accurate data. Violations will draw fines of up to €30m or 6% of a company's annual global revenue. The EU's main goal is to guard against any AI threats to health and safety and protect fundamental rights and values. The EU is also trying to develop the market by instilling confidence among users. The legislation could take years to fully take effect. Final approval is expected by the end of this year.

 

 


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