Legal Matters Scotland
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12th September 2023

A free early morning round up of news for legal professionals across Scotland.
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INDUSTRY
Abolishing juries 'will fail' to improve conviction rates
Leaders of the Law Society of Scotland have argued that abolishing juries in rape trials will fail to improve conviction rates, as they claimed the proposed reforms will undermine criminal justice. Sheila Webster, the society’s president said that there was “concern and alarm” among lawyers over the devolved Government’s planned introduction of juryless trials for rape cases. In a statement with the organisation’s response to a consultation on the Victims, Witnesses and Justice Reform (Scotland) Bill launched by Holyrood’s criminal justice committee, Webster said that there was “concern and alarm” among lawyers over the devolved Government’s planned introduction of juryless trials for rape cases. The society acknowledged the concerns over low conviction rates but it added that these do “not necessarily mean the fault rests with juries” - and Webster warned that “trial by jury for serious crimes is a basic right and cornerstone of our justice system”. It concluded that even if judges sat without juries in rape trials, they would “face the same difficulties."
Scottish solicitors attend seminar on online executor services
Scottish solicitors are attending a seminar in Glasgow to learn about a new digital platform called My Executor Box. The platform, launched by Scottish entrepreneur Alan Wardrop, aims to simplify financial asset management for solicitors, executors, and beneficiaries. The platform allows users to store information by asset type, including bank accounts, investments, and property, and also records mortgages and loans to provide a comprehensive picture of a person's net worth. Wardrop was inspired to create the platform after witnessing the challenges faced by solicitors in processing and protecting assets. The seminar will provide attendees with an overview of the platform's benefits and features.






 
SOCIAL
Lord Advocate clears way for safe drug consumption room pilot
The Lord Advocate, Dorothy Bain KC, has announced that she believes it would "not be in the public interest to prosecute drug users for simple possession offences committed within a pilot safer drugs consumption facility", potentially clearing the way for the opening of such a facility in Scotland. Any such policy not to prosecute users for simple possession offences with such a facility, she added, would not extend to "any criminal offences other than possession of controlled substances" or "amount to an exclusion zone whereby a range of criminality is tolerated". First Minister Humza Yousaf has welcomed the statement, and has said it is now "important to drive forward with a pilot with urgency", with the Scottish Government to work with the Glasgow Health and Social Care Partnership on the project, before seeking approval from the city's Integration Joint Board.
PROPERTY
'Radical' £100m masterplan for East Kilbride unveiled
South Lanarkshire Council has unveiled a £100m masterplan for the regeneration of East Kilbride town centre - with the plan including proposals for the demolition of more than a third of the town centre to make way for new housing, open air spaces, civic areas, and a hotel. The masterplan envisages cutting retail space at the town's shopping centre by 42% as part of moves to refocus the town centre around urban living. Council leader Cllr Joe Fagan said: "I have always said East Kilbride faces a choice of two futures - radical change or radical decline. It's time to embrace radical change." "It's been frustrating watching previous attempts to turn the centre around fail", he added, "Finally, it feels like we have a plan with promise, that is already attracting commercial interest. At long last, we have real hope for East Kilbride town centre."
IFS backs council tax changes, but pushes for revaluation
The Institute for Fiscal Studies (IFS) think tank has backed the Scottish Government's plans to introduce higher council tax increases for Band E to H homes, saying the move will "reduce the regressivity of council tax in Scotland", and represents a "small step in the right direction", particularly compared to England, where "reform seems a distant prospect". However, the IFS stressed that many properties are currently in the wrong band, a situation "that should be addressed via a revaluation, with new tax thresholds and bands based on up-to-date values". IFS associate director David Philips said: "The Welsh Government is now grasping the nettle with a proposed revaluation and more fundamental reform of council tax; it is disappointing that this does not yet appear to be encouraging Edinburgh and indeed Westminster to be bolder too."


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FIRMS
Lindsays makes corporate partner hire
Lindsays has strengthened its Corporate team with the appointment of Nicholas Howie as a partner. Mr Howie, who will be based in Glasgow, joins the firm from Anderson Strathern where he was also a partner.  His 18 years’ legal experience across the corporate and commercial field follows a prior career with the commercial arm of a construction firm and in management roles for an international supermarket retailer before he studied law.
Shepherd and Wedderburn appoints banking and finance partner
Sam Clarke has joined Shepherd and Wedderburn as a partner in the real estate finance group. Sam brings over 16 years’ experience advising financial institutions, developers, investors and listed corporates on real estate finance transactions in the UK and Europe. He joins the firm from Acuity Law, where he was Head of Real Estate Finance.

 
EMPLOYMENT
Unite calls for devolution of employment laws to Scotland
Unite has called for the devolution of employment laws to Scotland, citing Labour's backtracking on workers' rights as a reason. The union, one of Labour's biggest donors, has tabled a motion at the Trades Union Congress demanding powers be transferred to Holyrood. Unite's General Secretary, Sharon Graham, argues that the recent row-backs on employment rights have made the argument for devolution even more compelling. Writing in The Herald, Ms Graham said: "Just because Labour in Westminster backslides over workers' rights, should the Scottish people be prevented from choosing a different path? Particularly if Labour opposition comes from a place of dogmatic hostility rather than rational argument?"
THE LAW
Ministers propose legal targets for nature recovery
Targets for nature recovery could be put into law in line with those for climate change, under a new Scottish Government consultation setting out the key elements of Scotland’s overall Biodiversity Framework. Published in draft in December 2022, the strategy sets out goals of halting biodiversity loss by 2030 and reversing declines by 2045. The consultation contains the first five year delivery plan to implement the strategy, with a set of principles to guide the delivery of key commitments to conserve 30% of land for nature by 2030 and expand “nature networks” across Scotland. It also sets out proposals for the upcoming Natural Environment Bill, including the introduction of statutory nature recovery targets which will be binding on government in the same way that climate change targets require ministers to work towards meeting net zero targets. “We are at a tipping point for nature – it is in decline across the globe with around 1m species already facing extinction", said Biodiversity Minister Lorna Slater. " In Scotland alone, we have seen a 24% decline in abundance of wildlife since 1990; if we don’t take urgent action, nature in Scotland will continue to decline and important species will be lost forever".
TECHNOLOGY
Peter Littlefair: "AI's potential is huge, but it has its limitations"
In an op-ed for The Scotsman Peter Littlefair, a senior litigation associate at Balfour+Manson, calls on Scotland's legal firms to be aware of the potential of artificial intelligence (AI) to enhance their business efficiency. He says that "bundling" software, which collates all relevant papers for a case and ‘bundle’ them together in a coherent, searchable form, is one example of how AI can be used to save time. However, he also calls on firms "to remain sceptical, and questioning, of what AI can (and can’t) do, to protect our often envied legal system".​​​​​​​​​​​​​​​​​​​​​​​​​​​
 


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