Legal Matters Scotland
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28th September 2023

A free early morning round up of news for legal professionals across Scotland.
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INDUSTRY
Solemn trial waiting times stay high as JP court falls
Waiting times for justice of the peace court trials reduced to pre-COVID levels in August 2023, but solemn cases remained at more than double the previous time, according to the latest monthly workbook published by Scottish Courts & Tribunals Service. Last month, the overall level of new cases registered was 95% of the average pre-COVID level, as was the overall level of cases concluded. Petitions, meanwhile, which provide a useful indicator of future solemn business, were 25% higher than the average monthly pre-COVID level. “Since February 2023, the sheriff courts have continued to receive a higher demand for summary trials than was modelled. This has slowed progress on the level of outstanding summary trials and we are reviewing options to address this should the higher demand for summary trials continue in future months", said David Fraser, SCTS executive director, Court Operations. “Strong collaboration across the judiciary, justice organisations, the legal profession and the third sector is helping to effectively manage court business. This remains important now that the solemn recovery programme has been extended".
Dundee Justice Hub to open next summer
A Justice Hub will open in Dundee next summer, supporting vulnerable witnesses in providing their best evidence to court. The digitally enabled facility will assist witnesses across the Tayside, Central & Fife sheriffdom by providing a trauma informed evidence by commission suite and live link evidence facilities. It will serve both the High Court and sheriff courts, while also supporting the delivery of civil justice. Located at Quadrant House, Riverside Drive, the hub will also include a digitally enabled civil courtroom, with two additional vulnerable witness live-link rooms to support giving evidence remotely to court. There are also plans for Victim Support Scotland to co-locate within the facility.
SLAB consults about A&A and ABWOR policies
The Scottish Legal Aid Board is seeking views from the legal profession and others in a consultation about the provision of advice and assistance ("A&A") and assistance by way of representation ("ABWOR") across the full range of civil, criminal and children’s cases. No specific changes to policy are proposed as yet, but SLAB hopes to gain insight into any concerns with its current practices, including any unanticipated consequences, as well as changes that it could consider in future. The consultation closes on Monday, 6th November.



 
THE LAW
Holyrood rejects Labour's plan for 'Milly's Law'
The SNP and Greens have been accused of “failing to do the right thing” after refusing to create a “Milly's law” to help families affected by major medical incidents. The governing parties rejected Labour amendments to a Holyrood Bill that would have imposed extra duties on a new Patient Safety Commissioner for Scotland. Labour's amendments would have forced the Commissioner to advocate for families affected by major healthcare incidents and assist whistleblowers. The plan, known as Milly's Law, was named after 10-year-old Milly Main who died from an infection in 2017. SNP public health minister Jenni Minto argued that the Commissioner should be guided by patients and not be tied down by specific steps. The amendments were voted down, disappointing campaigners who have been seeking justice for their loved ones affected by the scandal at the Queen Elizabeth University Hospital.
Legal reforms 'not a blunt tool to increase convictions'
Moves to abolish Scotland's not proven verdict and reduce jury sizes are not a "blunt tool" aimed at increasing convictions, the Justice Secretary has insisted. The Victims, Witnesses and Justice Reform (Scotland) Bill proposes reducing the size of juries from 15 to 12 members and scrapping the not proven verdict. It also suggests a pilot scheme for juryless rape trials. The legislation aims to improve the integrity, fairness, and transparency of the system. Angela Constance, the Justice Secretary, emphasised that the reforms are not about conviction rates but about the integrity of the justice system. The Law Society of Scotland has expressed concerns about the potential impact on the criminal justice system's integrity. The Bill's passage through the Scottish Parliament is expected to take at least a year.


STEP UK Tax, Trusts and Estates Conference 2023

The popular STEP UK Tax, Trusts and Estates Conference is back for 2023. Taking place this autumn in three venues across the UK, six leading industry experts will cover six crucial topics to keep you up-to-date with current and future developments of the essential tax, trusts and estates, all in one day. Topics of discussion include general tax updates, lifetime trust, IHT updates, and much more…

This conference is always incredibly popular, and places are limited. Register early to avoid disappointment. View the full agenda to see why this conference is a must-attend event.


 
SOCIAL
UK's first consumption room for illegal drugs given go-ahead
The UK's first official consumption room for illegal drugs including heroin and cocaine has been approved by authorities in Glasgow. The facility is backed by the Scottish government as a way to tackle the country's drugs deaths crisis. The pilot scheme will be based at a health centre in the east end of Glasgow. It will see users take their own drugs under the supervision of trained health professionals. Glasgow's Integration Joint Board, which brings together NHS and council officials, ratified the plans at an online meeting on Wednesday morning. A report on the facility prepared by officials from the NHS and Glasgow City Council said it aimed to tackle the problem of "approximately 400 to 500 people injecting drugs in public places in Glasgow city centre on a regular basis". The Glasgow consumption room would be based at Hunter Street in the east end of the city alongside a clinic where 23 long-term drug users are currently prescribed pharmaceutical heroin. Susanne Millar, chief officer of Glasgow's Heath and Social Care Partnership, said engagement would begin immediately, with an initial community meeting scheduled for today. She promised "clear mechanisms for quickly sorting any issues that might arise".

 
CASES
Trump liable for 'false valuation' of Scottish golf course
Former US President Donald Trump has been found liable for fraud in the valuation of his golf course in Aberdeenshire. US Judge Arthur Engoron ruled that Trump and his company deceived banks, insurers, and others by overvaluing his assets and exaggerating his net worth. The court highlighted that the valuation of the Trump International Golf Links course was based on an inflated number of homes in the area. The overvaluation of the course led to a discrepancy of over $160m. As a result, the judge ordered the rescission of some of Trump's business licenses and appointed an independent monitor to oversee the Trump Organization's operations. Trump denies any wrongdoing and claims that the golf course was undervalued. 

 
STV
Five men face £6.5m NHS Scotland bribery trial
Five men are to stand trial following a £6.5m corruption and bribery probe at health boards across Scotland. A hearing at Glasgow High Court heard that Adam Sharoudi, 40, Gavin Brown, 46, and David Bailey, 46, did "acquire, use and possess" a total of £6.5m of allegedly "criminal property" paid by NHS Lothian, NHS Grampian, NHS Lanarkshire, NHS Greater Glasgow and Clyde and NHS Ayrshire and Arran. Prosecutors claim the firm illegally secured work for "the supply, installation and maintenance of telecommunication and video conferencing equipment and services" at various health board premises. Alan Hush, 67, and Gavin Cox, 46, were also allegedly involved. A trial, expected to last up to 16 weeks, has been set to begin in Glasgow in January next year.
HOLYROOD
Fergus Ewing to be represented by top lawyer at SNP disciplinary hearing
Fergus Ewing, the rebel MSP, will be represented by top lawyer John Campbell KC in an SNP disciplinary hearing. The hearing will determine whether Ewing will face a week's suspension from the party for voting against a Scottish Government minister. Ewing has been critical of both the Greens and his own party on various issues. Campbell, who previously served as counsel for the Holyrood Inquiry, will represent Ewing in the hearing. The decision on Ewing's suspension will be made on Wednesday.

 
STV
 


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