Legal Matters Scotland
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1st August 2023

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INDUSTRY
Proposed sale of public assets for private gain
The proposed Regulation of Legal Services (Scotland) Bill has sparked controversy over the potential sale of solicitors' practices to shareholder companies. The solicitors' profession currently holds monopoly rights to deliver certain legal services, which were granted in exchange for years of education and training. The proposed sale of these rights to non-solicitor companies has raised concerns about access to legal services and justice. Shareholder companies are interested in acquiring the solicitors' monopoly, potentially leading to higher costs for the public. The Scottish Parliament is conducting a consultation on the ownership of law firms, allowing individuals to express their support or objections. The consultation closes on August 9.
Three law firms shut down for charging for false asylum claims
Three law firms have been shut down by the Solicitors Regulation Authority (SRA) after being exposed for charging for false asylum claims. The SRA also banned a legal adviser who admitted to inventing stories of torture, death threats, and modern slavery to win refugee status. The swift response came after calls from government officials and politicians for action to be taken against the firms. The SRA has suspended three solicitors and closed their firms, and has also taken action against an individual at a fourth firm. The watchdog is conducting on-site inspections and launching a wider inspection of the immigration sector. The SRA's investigation could result in the cases being referred to the Solicitors Disciplinary Tribunal for prosecution. The Prime Minister has described the practices as "truly shocking."



 
PROPERTY
South Ayrshire Council pays thousands in dampness court cases
South Ayrshire Council has paid out a total of £4,220 to six tenants who took court action against the authority over dampness in their homes. The council also dealt with 1,321 complaints about damp housing since 2018/19. In the last five years, the council paid £170 to two tenants in 2018/19, £2,800 to two tenants in the following financial year, and £1,250 to two more tenants in 2020/21. There were two court cases over damp housing problems from 2021 to the present, but no payouts were made. The number of complaints about damp council houses decreased from 246 in 2018/19 to 89 in 2020/21, likely due to the pandemic. However, the complaints increased to 307 in 2021/22, 260 in 2022/23, and 135 in the rest of 2023 to date.
Free legal advice to help people at risk of losing their homes welcomed by housing associations
Free legal advice aimed at helping tens of thousands of people at risk of losing their homes has been welcomed by housing associations. The support will aid some 38,000 people a year and help with wider issues people at risk of losing their homes can face. The numbers of households and children in temporary accommodation in England are at record highs. The Renters (Reform) Bill, which promises to abolish no-fault evictions, has been progressing slowly through Parliament. Homelessness charity Crisis has called for politicians to work together to prevent homelessness.
THE LAW
No applications for firework bans ahead of Bonfire Night
Powers to ban fireworks in problem areas are unlikely to be in place for Bonfire Night as no local authority has launched the necessary consultations, analysis by justice and social affairs magazine 1919 has showed. In June, councils were given the ability to create areas where it is illegal to set off pyrotechnics with the introduction of firework control zones, but they must hold an eight-week minimum consultation period before the zones can progress, followed by a further mandatory two-month notice period. 
CASES
Four men appear in court accused of wilful fireraising in Rosyth
Four men, Barry Baxter, Angus Guthrie, Stuart Young, and Thomas McGurk, have appeared in court in Dunfermline Sheriff Court. They are accused of wilful fireraising at two properties in Rosyth. The fires occurred on Queensferry Road and Duffy Place on July 25. Baxter, Guthrie, and Young face two allegations of wilful fireraising, while they, along with McGurk, also face charges under the Misuse of Drugs Act 1971. Guthrie is further accused of assaulting and resisting, obstructing or hindering police. The group did not enter any pleas. Baxter, Young, and Guthrie were remanded in custody and are expected back in court within eight days. McGurk was released on bail. No one was injured in the fires, but Queensferry Road was closed and buses were diverted. Police are urging anyone with information to come forward.
Man threatens to post intimate photo of ex unless she pays for holiday
A first offender, Lincoln Ikemere, threatened to post an intimate photograph of his ex-partner on Snapchat unless she paid him £500 for a holiday they were supposed to go on. Ikemere pleaded guilty to causing fear and alarm by threatening to post the image on social media. The court heard that the photograph had been taken without the ex-partner's knowledge. Ikemere, who has no previous convictions, was fined £760 and ordered to pay at a rate of £100 per month. He was also made subject to a non-harassment order for 12 months.
Council chiefs seek court order to evict Travellers near sports playing fields
Council chiefs have sought a court order to evict Travellers who are encamped near sports playing fields in the town. The travellers have refused to leave the site at the Oval, prompting the council to take legal action. Despite a notice to eject and a deadline to leave, the encampment remains in place. Councillor Hugh Hunter has expressed disappointment and called for further prevention measures. South Ayrshire Council is commencing court proceedings to clear the site as quickly as possible.
TAX
Minister hints council tax increases might not go ahead
Economy Secretary Neil Gray has hinted that proposed increases to council tax could yet not go ahead, saying that any changes "have to be proportionate" and must ensure good public services. The planned rise for properties in higher bands (E, F, G, and H) on a sliding scale would affect 28% of properties in Scotland. Just 0.5% are in the highest band. Mr Gray told the Scotsman: "We’ve obviously gone through a really important discussion with local government that has led to the Verity House agreement which is about having a new deal with local government, ensuring that they have as much of the decision making power and the resources as possible to be able to deliver their services locally and to be accountability locally to do that. The consultation that we’re running is about how we can ensure how local government continues to be effectively resourced to do so. But, in all these things we have to be proportionate and ensure that the asks that we make of our citizens to pay in tax can be evidenced as being delivering in terms of good public services."
 


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