Legal Matters Scotland
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1st February 2024

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INDUSTRY
Sheriffs raise concerns over pilot for judge-only trial for rape offences
Sheriffs have raised concerns over a pilot for judge-only trial for rape offences in the justice system reform. The sheriffs drew attention to the controversial juryless courts set up in Northern Ireland during the Troubles, highlighting that the only precedent in the UK for serious offences to be tried without a jury was in the early Troubles in what was known as Diplock courts. The sheriffs expressed worries about the accused being denied a right to a fair trial and judges becoming targets for paramilitary attacks. The pilot for a single-judge trial was suggested by Lady Dorrian, Scotland's second most senior judge. The sheriffs called for clear criteria and measurement of success for the pilot, as well as further academic research into the idea of juryless trials. They also raised concerns about judicial welfare and the potential for judges to face personal abuse and criticism. Under the proposed legislation, the judge presiding over the juryless trial must provide written reasons for the verdict.
THE LAW
Encouraging or assisting self-harm criminalised in Scotland
Encouraging or assisting an individual to self-harm has been criminalised in Scotland as new legislation takes effect. The law applies regardless of whether the person goes on to harm themselves, in an attempt to make the internet safer. Mental wellbeing minister Maree Todd said she hoped the law will act as a deterrent to anyone who deliberately sets out to encourage people to self-harm. It could also add a layer of protection for those in distress and seeking help on the internet. Neil Mathers, executive director of Samaritans Scotland, welcomed the legislation. He added: “It is hugely important to keep people safe online and protected from dangerous content and those wishing to cause harm.”


6 useful ways for protecting sensitive and confidential information

Law firms significantly rely on electronic communications for day-to-day operations in today’s fast-paced digital economy. Understanding and identifying between “privileged communication” and “confidential communication” is more important than ever before. When electronic communications are freely shared, they are vulnerable to mistreatment and sabotage. As stated further below, the repercussions can be severe, including damage to the solicitor-client relationship, reputational harm, and significant disadvantages in litigation.

That latter statement is very chilling. Inadvertent exposure of solicitor-client confidential information is not only easier in the technological era, but the consequences can be far more serious. As a result, I feel that privileged communications, more than anything else, require near-perfect protection. Think about the scenarios below if you don’t trust me.

Read more

 
PROPERTY
House prices rise at strongest rate in a year
House prices rose at their strongest pace in a year, according to Nationwide. The average home is now worth £257,656, with prices increasing by 0.7% between December and January. This marks a turnaround from the 1.8% fall recorded in 2023. Robert Gardner, Nationwide's chief economist, attributed the increase to cuts in mortgage rates and positive forecasts about interest rates. However, he noted that the outlook remains uncertain. Gardner said: “There remains considerable variation in affordability across the country, with pressures particularly acute in London, the south of England and East Anglia. Scotland and the north continue to be the most affordable regions, with mortgage payments as a share of take-home pay much closer to their long run average.”



 
FIRMS
Balfour+Manson executive chairman to step down after 10 years
The head of Scottish legal firm Balfour+Manson, Elaine Motion, who successfully argued against Boris Johnson's prorogation of the House of Commons, is stepping down after almost ten years. David Short will take over as executive chairman on February 1. Motion, who joined the firm in 1993, will remain as a partner. She is known for her lead role in the 2019 prorogation case and the 2018 European Court of Justice ruling on Brexit. Short, who specialises in personal injury cases, including aviation accidents, expressed his honor in taking up the role. He will work alongside the existing management team at Balfour+Manson.
Inverclyde MSP plans Q&A for those affected by McClure Solicitors
A new group of people affected by the collapse of a Greenock law firm have come forward after an information event attracted ex-clients of the company. Inverclyde MSP Stuart McMillan has organised a second event for those hit by the failure of McClure Solicitors. Many more families are affected than first thought, prompting the MSP to plan a new Q&A session. The Scottish Legal Complaints Commission (SLCC) has teamed up with Mr. McMillan to help those impacted by the company's collapse. The event was attended by scores of locals eager to find out what help was available. Mr. McMillan thanked the SLCC for their commitment and urged those unable to attend to contact his office for further details. The information evening will be held on February 12th at the Beacon Arts Centre.
CASES
Grandfather held in Dubai over party row to face court
A grandfather from Aberdeenshire who is unable to leave Dubai following a noise row with neighbours has been told the case will go to court. Ian Mackellar, 74, and his wife Carol, of Newtonhill, had been visiting their daughter and young granddaughter in the United Arab Emirates when he went to complain about music during a Hogmanay party. He was then reported to the police, accused of trespassing. The resulting investigation meant he was not allowed to leave the country. “Ian has been given a new case number and we've been told the case will be going from a complaint case to a court case. We're very upset. I just want him home", Mrs Mackellar said.
Post Office embezzlement case referred back to High Court
The case of Caren Lorimer, a woman convicted of embezzling money from the Post Office, has been referred back to court for determination. Lorimer, now deceased, pleaded guilty at Kilmarnock Sheriff Court in 2009 and was given a community service order and a compensation order. Another woman applied for a review of the conviction, leading to the referral. The Scottish Criminal Cases Review Commission (SCCRC) concluded that Lorimer pled guilty in circumstances that were prejudicial to her and that the prosecution was oppressive. The SCCRC also found that the Horizon accounting software was essential to the proof of the accounting shortfall.
EMPLOYMENT
MPs call for ban on NDAs in sexual misconduct cases
Non-disclosure agreements (NDAs) in cases of sexual misconduct and harassment should be banned, according to a report from the Commons women and equalities committee. The report also suggests a retrospective moratorium on past NDAs signed in similar circumstances. The committee warns that perpetrators of sexual misconduct are being protected by the system. The MPs' recommendation comes after an inquiry into the use of NDAs following an investigation into former Topshop owner Sir Philip Green. The report also addresses the issue of misogyny within the music industry and calls for licensing of recording studios and conditional public funding and licenses for music venues. The committee warned that “people in the [music] industry who attend award shows and parties currently do so sitting alongside sexual abusers who remain protected by the system and by colleagues.” 
FRAUD
Crackdown on romance scams as fraud cases soar in Scotland
Soaring cases of romance scams in Scotland are contributing to a spike in fraud. The UK Government is working with Police Scotland and the Scottish Government to address the growing number of swindles. Fraud crimes in Scotland have increased by 2.1% in 2022/23, reaching a total of 16,879 cases. Tom Tugendhat, the UK security minister, met Police Scotland last week to discuss efforts to tackle the issue alongside agencies including the National Cyber Security Centre. He also spoke to Scottish Justice Secretary Angela Constance and secured an agreement to work together. The Home Office will launch an anti-fraud campaign next month to raise awareness and provide guidance on protecting oneself.
SOCIAL
Councils warn of new wave of homelessness emergencies
The Association of Local Authority Chief Housing Officers (ALACHO) has warned ministers of a potential rise in council homelessness emergencies. According to ALACHO, over half of Scotland's 32 councils are failing to meet legal requirements in dealing with homelessness. The association conducted a red flag assessment that revealed a widespread deterioration since May 2022 and a significant reduction in confidence compared to earlier periods during the pandemic. Some 12 councils (37.5%) assessed all key aspects of their service as “red”. In November 2021, there were just two. A further three (9.75%) councils reported red flags on two out of three key aspects. ALACHO has urged the Scottish Government to declare a housing emergency.
ECONOMY
NI deal includes plans to extend Scottish investment zone
The UK Government's deal with the DUP to restore power sharing in Northern Ireland includes plans to extend a low-regulation, low-tax "enhanced investment zone" to cover Stranraer and Cairnryan in Scotland. The initiative aims to boost jobs and investment in the region. The proposal comes as part of a command paper titled "Safeguarding The Union," which outlines commitments to strengthen economic ties between Scotland and Northern Ireland. The plan includes ending routine checks on goods crossing the North Channel and Irish Sea and introducing a "UK internal market system."
 


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