Legal Matters Scotland
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20th December 2023

A free early morning round up of news for legal professionals across Scotland.
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INDUSTRY
Scotland's legal watchdog ordered to compensate rape victim over mishandling of complaints
Scotland's highest legal watchdog, the Faculty of Advocates, has been ordered to compensate a rape victim for its mishandling of complaints against lawyer Brian McConnachie. The Scottish Legal Complaints Commission (SLCC) found that the faculty failed to properly investigate McConnachie, who sent sexually explicit texts and made derogatory comments about clients. The SLCC criticised the faculty's complaints committee for not conducting a fair and thorough examination of the evidence. The committee only issued McConnachie with a written warning. The SLCC report highlighted the faculty's lack of understanding of the victim's vulnerability and failure to make necessary adjustments for her disability. The faculty has been ordered to clarify its rules, write a complaints policy and procedure manual, and review its training for complaints committee members.
Jury trials to return to the islands in spring
Scottish Courts & Tribunals Service has announced that jury trials should return to Scotland's island courts in the spring. Since July, trials in Grampian, Highland & Islands have been transferred to Aberdeen, Inverness or Peterhead sheriff court due to problems with prisoner escort contractors GEOAmey. However, following assurances from the company that they will be able to resource the courts properly from spring 2024, Sheriff Principal Derek Pyle has instructed that jury trials should resume from then in the five island courts in the sheriffdom – Lerwick, Kirkwall, Portree, Stornoway and Lochmaddy – as well as in Wick.  
MSPs to investigate number of commissioner posts
A committee of MSPs is beginning an inquiry into the number of commissioner posts now existing or proposed for Scotland. Holyrood’s Finance & Public Administration Committee will investigate whether a more "coherent and strategic" approach is needed for the creation of any further commissioners. Scotland currently has seven commissioners directly responsible to Parliament. They are the Commissioner for Ethical Standards in Public Life in Scotland; the Scottish Biometrics Commissioner; the Scottish Commissioner for Children and Young People; the Scottish Human Rights Commission; the Scottish Information Commissioner; the Scottish Public Services Ombudsman; and the Standards Commission for Scotland. An eighth – the Patients Safety Commissioner – was agreed by Parliament in September 2023, and a further six commissioners have been proposed or are being considered. A call for views will be issued in January.



 
THE LAW
Scottish Government not planning to appeal gender recognition ruling
The BBC reports that the Scottish Government is not planning to appeal a ruling in the Court of Session that the UK Government acted lawfully in using Section 35 of the Scotland Act to block legislation passed at Holyrood to simplify the process of obtaining a gender recognition certificate. First Minister Humza Yousaf had criticised the ruling as a "dark day" for devolution, which he argued had been shown to be "fundamentally flawed". 



 
FIRMS
CMS announces law scholarships for aspiring Scottish pupils
CMS is to offer scholarships to support three Scottish pupils in pursuing their dream of a legal career. As part of an annual UK-wide initiative, the CMS Law Scholarships Scheme for Scotland awards £2,500 each year to high-performing state school students from economically challenged backgrounds while they are completing their law degrees. The scholarship is worth £10,000 over a four-year Scottish degree. Recipients of this year’s scholarships are Jaya Khasria from Vale of Leven Academy in West Dunbartonshire; Eva Frew, a pupil at Hamilton Grammar School, South Lanarkshire; and Olamide Fadun from Lourdes Secondary School in Glasgow. Along with the annual financial support throughout their legal studies, they will also benefit from mentoring by a qualified lawyer and will be offered paid work experience with CMS during their first year of university.
HOLYROOD
Scottish judges criticise Government's case on Sturgeon investigation
Scottish judges have presented a scathing assessment of the Scottish Government's case to withhold information into the investigation surrounding whether Nicola Sturgeon broke the ministerial code. The judges ruled against the Government, stating that there should be no scope for unnecessary legal concepts to over-complicate matters. The ruling means Scottish ministers will have to reconsider the original freedom of information request, potentially resulting in the investigation's evidence being made public. The investigation was instigated after Sturgeon made a self-referral under the Scottish ministerial code following allegations of breaching it by failing to properly record meetings and phone calls with Alex Salmond. Salmond was cleared of all charges in March 2020.
PROPERTY
Number of empty homes up 70% despite council tax premium
The Herald reports that since the introduction of council powers to charge a 100% council tax premium on homes empty for longer than a year, the number of such properties has risen from 16,527 in 2014 to 28,280 in 2023. Some areas have seen a much sharper increase in long-term empty properties, with six-fold increases recorded in South Lanarkshire and Aberdeen. Tenants' organisation Living Rent has said that for "empty homes to have nearly doubled despite work to prevent this shows we need an overhaul of the current legislation. We need to increase tax on empty homes, and urgently crack down on second home ownership." Callum Chomczuk, director of the Chartered Institute of Housing Scotland, said the country must "use every tool available to tackle the housing crisis and the acquisition of empty properties in the private sector has a role to play", although "acquisition programmes alone cannot address the housing crisis. We need more homes and more social homes."
CASES
Former law practice partner to face trial for embezzlement
Patrick Copinger, a former partner at a law practice in Lybster, is set to face trial for allegedly embezzling £105,129.48 between July 2008 and January 2012. The trial, presided over by Sheriff Ian Cruickshank at Inverness Sheriff Court, has been scheduled for May 20, 2024. Copinger's former business partner, Sylvia MacLennan, had also been accused of embezzlement but her case was dismissed in March due to a breach of her right to a fair trial within a reasonable time. The investigation into the law practice began 11 years ago after alleged financial irregularities were discovered. Both partners were indicted on embezzlement charges in 2019.
Murder conviction for cousins who kicked man 'like a football'
Two cousins have been convicted of murder after kicking a man "like a football". WIlliam McMahon, 47, and David McMahon, 41, teamed up to attack Christopher McGee leaving the 36 year-old unconscious. The older cousin initially punched the victim before the other smacked him with a glass bottle. William McMahon then kicked him on the head and body. Mr McGee passed away in hospital days after the attack in November 2021. The McMahons had denied murder during a trial at the High Court in Glasgow but jurors convicted both of the charge. They have been remanded in custody, and will return to court in January to be told the minimum period they will spend behind bars.
TAX
Scottish Budget: Higher earners to pay more income tax
Higher earners in Scotland will face higher taxes as the government seeks to reduce cuts to public services and fund a council tax freeze. Scotland's finance secretary, Shona Robison, announced the introduction of a new 45p tax band for those earning above £75,000, with the top rate for those earning above £125,140 rising from 47% to 48%. Robison claimed that the tax increases, along with freezing tax thresholds for intermediate and higher rates, will raise £1.5bn more than if Scotland had matched rates in the rest of the UK. Sean Cockburn, chairman of the Chartered Institute of Taxation's Scottish technical committee, raised concerns that the gaps between Holyrood and Westminster on income tax will widen if the UK Government cuts income tax in its Spring Budget. He said: “The Scottish government's income tax plans increase divergence between higher earners in Scotland and the rest of the UK and we cannot rule out the possibility that divergence could widen further in the spring.” Bruce Cartwright, chief executive of the Institute of Chartered Accountants of Scotland, said: “The Scottish government's budget is both short-sighted and fails to drive sustained economic growth.”
 


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