Legal Matters Scotland
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9th August 2023

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FIRMS
Turnover and profits rise at Shepherd and Wedderburn
Shepherd and Wedderburn has reported a 7% turnover growth in the year to 30 April 2023. The company posted an increase to £66.7m, the sixth year of consecutive growth. Net profits before partner distributions grew 3% to £27.1m. Shepherd and Wedderburn also announced in July, in recognition of the firm’s performance, that colleagues would receive an exceptional bonus of 5% of their annual salary. "As we look ahead to 2023/2024 and the final year of our three-year strategy, we are pleased to note that our approach has proven to be strong and resilient, with growth and continued progress towards our goals", said managing partner Andrew Blain. "I am grateful to my colleagues for their consistent dedication to providing high-quality service across the firm. Additionally, I would like to thank our clients for their continued trust in us and we remain committed to providing exceptional support as we move forward together".
Dentons forced to leave China due to stringent data security and privacy laws
Beefed-up Chinese data security and privacy laws have led to the world's largest law firm, Dentons, cutting formal ties with the Beijing Dacheng Law Offices. The decision comes as a result of recent Chinese government mandates that Dentons believes are incompatible with its ability to protect its clients' interests. The two laws at the heart of Dentons' decision are China's data security law, which is seen as unclear and likely to hinder cross-border operations, and the personal information legislation that imposes requirements to delete data, inhibiting certain business activities. Dentons will terminate its formal link with Dacheng, but the latter will continue as a separate law firm. Dentons' Hong Kong practice remains unaffected.
Balfour+Manson adds to property team
Balfour+Manson has appointed a new associate and a solicitor to add to its Property team. Kirstyn Logan has joined the team as an associate. An experienced property law professional who has previously worked for McEwan Fraser, Gilson Gray and Clancy Hendrie Legal, she joins the firm from Drummond Miller. Solicitor Adeeb Mostafa moved from McEwan Fraser last month after previously completing his traineeship at Thorntons.  



 
THE LAW
SLCC welcomes 'significant step forward' for complaints and regulation
The Scottish Legal Complaints Commission (SLCC) has welcomed the proposed reform of the complaints and regulation system in its response to the Equalities, Human Rights and Civil Justice Committee’s call for evidence on the Regulation of Legal Services (Scotland) Bill. “Learning from good practice in other sectors and jurisdictions shows the current system of legal services regulation and complaints can be improved for the benefit of consumers and lawyers alike", said SLCC chief executive Neil Stevenson, “We’ve been a strong voice on the need for reform for many years and we’ve worked with the Scottish Government and other stakeholders to develop these proposals. The Bill’s proposals represent a significant step forward. We now want to see them delivered and implemented to realise those benefits for both consumers and lawyers".
IMMIGRATION
UK justice secretary urges lawyers to keep politics out of legal cases
Alex Chalk has told lawyers to stop "parading their politics” and claimed there was a "regrettable trend" of lawyers in the UK being willing to identify more with the cause of their clients. It comes after about 20 migrants refused to be moved on to the Bibby Stockholm barge in Portland Port in Dorset on Monday after the refugee charity Care4Calais and lawyers from the Duncan Lewis law firm made individual legal challenges to their transfer. Chalk said that he found it frustrating that only 15 people had been moved on to the barge on Monday, despite the Home Office telling a further 20 people of their intention to transfer them. Chalk suggested they that they were part of a growing trend of lawyers pursuing a political cause, adding: "The strong tradition of lawyers in this country is that you simply act for your client without fear or favour and you don't necessarily associate yourself with that cause. But I think it is fair to point out that in the last ten years there has been a growing, and I think regrettable, trend for lawyers to actively parade their politics and to identify more with their clients.”
INDUSTRY
Teaching lawyers empathy could improve client complaints
Teaching lawyers empathy could solve the problem of dismissive and cold treatment of clients' complaints, according to a study by the Legal Services Board. The research found that many law firms were not meeting clients' needs when handling complaints, with respondents feeling that the language and tone of firms was too formal and the process of raising a complaint was stressful. The study suggested including empathy training as part of continuing professional development for legal professionals. Alan Kershaw, LSB chair, urged legal services providers and everyone involved in the complaints process to consider how systems are transparent, fair and easy to access.
PROPERTY
Council urged to accelerate repairs to empty homes
Campaigners from the Living Rent tenants' group have staged a protest outside Edinburgh's City Chambers, calling on City of Edinburgh Council to do more to bring vacant council homes back into use. A Freedom of Information request recently revealed that there were 1,456 council homes sitting vacant, around one in 14 of the council's housing stock, with 867 not eligible to rent due to outstanding repairs and with 259 deemed "unable to let", including properties scheduled for demolition and new builds awaiting final inspections. Matthew Kirk from Living Rent, who made a deputation to the council's housing, homelessness and fair work committee, said: "The deputation was well received by a lot of the councillors and we got our primary ask which was a meeting with Derek McGowan who can actually get the wheels in motion and get this work done. So I'm hopeful we can get this moving forward and get these empty homes filled as a matter of priority."
CASES
Rapist who was spared jail wanted in court over driving offences
Convicted rapist Sean Hogg, who previously avoided jail for assaulting a 13-year-old girl, is now being sought by police for failing to appear in court on alleged driving offenses. Hogg, 22, is accused of driving two cars without insurance – a Vauxhall Corsa on March 2 and a Vauxhall Astra on March 12 in Airdrie and Chapelhall, respectively. Despite multiple hearings, Hogg has not appeared in court, and no lawyer has represented him. Prosecutors obtained a warrant for his arrest, which was granted during a recent court session. Hogg was previously given unpaid work, registration as a sex offender, and three years of supervision for the assaults on the teenager.  Judge Lord Lake told him if he had been over 25 at the time he would have been facing a jail term of up to five years.
Man jailed for raping Amber Gibson months before her murder
A man who raped a teenager five months before she was murdered by her brother has been jailed. Jamie Starrs, 20, assaulted and raped Amber Gibson while she was asleep or unconscious at a property in Bothwell in June 2021. He was found guilty at the High Court in Lanark in July, and on Tuesday he was sentenced to 10 and a half years in prison. Amber, 16, was sexually assaulted and murdered in November 2021 by her brother Connor Gibson. He was convicted last month following a separate trial at the High Court in Glasgow. Det Con Ross McCaig told the jury at Starrs' trial he had taken a statement from Amber about the attack. As well as his prison sentence, Judge Thomas Welsh ordered Mr Starrs to be supervised for two years on release. He said he would have ordered 11 years to be served in custody but reduced this to 10-and-a-half years to take into account the time that Starrs had spent on remand.
HOLYROOD
Yousaf orders review of civil service bank card spending
Scottish First Minister Humza Yousaf has initiated a review of bank card spending by civil servants in the Scottish government following revelations of transactions totaling £14.2m over three years. The spending included VIP airport services and various "away day" activities, such as bowling, pottery lessons, and yoga classes, funded by procurement cards. While most transactions were routine, over 3,000 entries lacked descriptions. Yousaf has asked officials to review procedures to ensure proper spending practices. Notably, nearly £10,000 was spent on fast-track security and lounge access for former First Minister Nicola Sturgeon and her staff at UK and European airports. The review aims to provide additional transparency and assurance regarding government spending.
 


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