Legal Matters Scotland
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18th July 2023

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THE LAW
SNP accused of picking 'constitutional fight' over drug plea
Scottish Labour leader Anas Sarwar has accused the Scottish Government of starting a “constitutional fight” with ministers in the UK over Scotland’s drug deaths. Sarwar said Holyrood did not need any new powers to bring in measures to tackle the crisis. He said he believed safe consumption rooms could be opened under the current devolution settlement. Sarwar's comments were described by the SNP as “deeply disappointing,” adding that the UK's drug laws were “at odds with Scotland's public health approach” and were “undermining progress.” Earlier this month, the Scottish Government unveiled a new policy paper which made a number of radical proposals, including the decriminalisation of possession for personal use, and legislative changes to allow supervised drug consumption facilities. The proposals were rejected by Downing Street within an hour of being published.



 
INDUSTRY
Professionals' earnings in Scottish child abuse inquiry raise concerns
A Daily Record investigation has revealed that professionals involved in the Scottish Child Abuse Inquiry are earning huge sums, while abuse survivors have received paltry compensation. Lady Smith, the judge who chaired the inquiry, has been paid nearly £2m for just two weeks of work, the same amount as some survivors receive in compensation. Another example is Johnny Gwynne, who earned £34,193 in his first six months as chairman of Redress Scotland, compared to the £10,000 awarded to victims. The inquiry has made awards of over £30m to more than 600 applicants so far. Survivors and charities have criticised the disparity in earnings, calling it a punch in the gut.
Lawyers warned against using dating sites to cheat
The Law Society of Scotland has warned that lawyers could ruin their careers by openly seeking extramarital affairs via online dating sites. A column published by the governing body alleges that a number of lawyers are identifiable on websites where they are brazenly seeking affairs. The anonymous piece, written by a practising solicitor using the pseudonym The Unloved Lawyer, appears in the latest edition of the society’s monthly publication, the Journal. The piece states: “I am aware of several dating profiles of solicitors (with and without photos) wherein they state they are married and looking for discreet fun. That may be fine, but noting your occupation and having photos available heavily increases your chances of being identified for such an ethically questionable intention." The article suggests that seeking out attention on social media has the potential to demolish legal careers as well as boost them.
PROPERTY
House prices soar in East Lothian and Midlothian
The latest figures from the ESPC reveal mixed trends in house prices across Edinburgh, West Lothian, East Lothian, and Midlothian. While prices have fallen in Edinburgh and West Lothian, they have risen in East Lothian and Midlothian. The average selling price in Edinburgh is £299,164, down 0.9% from last year, indicating a settling demand. East Lothian experienced the largest increase in average selling prices, rising by 5.7% to £296,869. However, the volume of properties sold has decreased by 12.9% compared to last year. Paul Hilton, CEO of ESPC, notes that the post-pandemic property boom is slowing down.
POLICING
Police Scotland storing biometric data on a cloud-based system
A formal information notice from the Scottish biometrics commissioner shows that Police Scotland has “uploaded significant volumes of images” to its cloud-based digital evidence-sharing system despite major ongoing data protection concerns. At the beginning of April 2023, the Scottish government’s Digital Evidence Sharing Capability (DESC) service – contracted to body-worn video provider Axon for delivery and hosted on Microsoft Azure – was being piloted despite the police watchdog raising concerns about how the use of Azure “would not be legal”. According to a Data Protection Impact Assessment (DPIA) by the Scottish Police Authority (SPA) – which notes the system will be processing genetic and biometric information – the system presents several risks to data subjects’ rights.
EMPLOYMENT
Former Circularity Scotland workers lodge compensation claim
More than 40 former employees of the collapsed company behind Scotland's bottle deposit return scheme are launching a compensation claim. The staff lost their jobs when Circularity Scotland went into administration last month. Solicitors at Thompsons are lodging a "protective award" claim with the Tribunals Service on behalf of the workers. They claim the staff were dismissed without proper statutory consultation. David Martyn, head of employment law at Thompsons, said: "The law obliges employers who are thinking about dismissing staff on a large scale to consult with their employees to seek their views on ways of avoiding redundancies. It is extremely disappointing that those in charge of Circularity Scotland made no effort to comply with their legal obligations."
COVID
Cost of Scottish Covid-19 inquiry hits nearly £8m
New data has revealed that the Scottish COVID-19 Inquiry has spent just under £8m so far. The probe into Scotland's response to the coronavirus pandemic was set up last February and has yet to hold any public hearings. Officials said the inquiry has incurred a range of start-up costs including IT systems and premises. Scotland has a number of high-profile public inquiries ongoing at the moment with the most expensive to date the statutory investigation of the abuse of children whilst in care in Scotland. The longest running public inquiry is a probe into the first Edinburgh Tram project which has still to report its findings seven years after it started.
FIRMS
Law firm raises £32,000 for charity
A law firm in Bo'ness has raised over £32,000 for charity through a will writing campaign. Liddle and Anderson participated in the annual Will Aid campaign, where they wrote wills for clients and instead of charging fees, asked for donations. The firm's total donations since 1996 amount to £32,485. Marysia Waddell from Liddle and Anderson expressed pride in supporting the charities and helping vulnerable people. Jonathan Chase, chair of Will Aid, said: “Year after year, we are blown away by the generosity of solicitors who choose to volunteer their time and expertise to raise money for Will Aid. Our partner charities rely on donations and the money raised during this campaign will provide vital support to help continue life-changing work both here in the UK and around the world.”
OTHER
Pigeon's "legal eagle" adventure ends tragically in court
A pigeon, dubbed Lieutenant Pigeon, caused chaos in Aberdeen Sheriff Court when it flew into the building and perched on a chandelier. Despite efforts to remove it, the bird remained in the court's main corridor for several days. The Scottish Courts and Tribunals Service made every effort to safely remove the bird, seeking advice from animal welfare charities before bringing in a pest control company, which then killed the pigeon. Solicitor Graham Morrison, reacting to the news, said: “I know we have to stop the pigeon, but that was a dastardly act.”
 


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