Legal Matters Scotland
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6th March 2024

A free early morning round up of news for legal professionals across Scotland.
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CASES
Scottish government to reflect on public inquiry into murder investigation
The Scottish Government has confirmed it will 'seriously reflect' on a public inquiry into the investigation of the murder of Emma Caldwell. Miss Caldwell’s mother, Margaret Caldwell, met the First Minister at his official residence in Edinburgh, along with Justice Secretary Angela Constance, five days after Iain Packer was jailed for life with a minimum of 36 years for the 2005 murder and the rape and abuse of other women. Caldwell family lawyer Aamer Anwar said: “Margaret Caldwell wishes to thank the First Minister and Justice Secretary for meeting her today. They treated her with total compassion and empathy and she hopes they will deliver on the many promises they made today. The First Minister promised that he will give primary consideration to the family’s demands for a statutory public inquiry, and the Justice Secretary Angela Constance promised to update parliament within days on their decision. How many women have to die or be raped before our police service and criminal justice system is held to account?”
Science secretary pays damages and retracts false accusation
Science secretary Michelle Donelan has paid libel damages and legal costs to an academic and retracted a false accusation that the professor was a Hamas sympathiser. Following an investigation, Kate Sang of Heriot-Watt University, the academic at the centre of the row, was exonerated after it was found that there was "no evidence" that a social media post expressed any kind of extremist views. Lawyers representing the academic described Donelan's behaviour "extraordinary" and Sang accused the science secretary of using her to make "a cheap political point". A spokeswoman from Bindmans law firm said that Donelan had "tweeted a full retraction of her false allegations about Sang and agreed to pay an undisclosed sum to her".
Couple appear in court after ‘blocking’ Scotland's most northerly railway line
Liz Howe and her partner, Ian Appleby, have appeared in court after allegedly blocking Scotland’s most northerly railway line, Altnabreac in Caithness. The couple have now been accused of standing in the middle of the main far north line on Friday morning and stopping a passenger service. Howe, 48, and Appleby, 47, appeared from custody at Inverness sheriff court on Monday. Howe, a former police detective, was charged with trespass on a railway, obstructing a police officer, malicious mischief and threatening behaviour. Appleby is facing charges of trespass, culpable and reckless conduct and threatening behaviour. Neither made any plea or declaration. They have been released on bail.
Man jailed for murder of young father in Stranraer
A murderer who stabbed a young father in front of his partner and neighbours in Stranraer before fleeing the scene has been given a life sentence. A judge said Mark Allison, 25, had shown "no remorse" for the killing of 33-year-old Gary Handling in June 2022. He was found guilty of murder at the High Court in Glasgow earlier this year. At the High Court in Stirling, he was ordered to serve a minimum of 21 years before being eligible for parole. Judge Lord Young said victim impact statements from Mr Handling's parents made "particularly difficult reading", partly because they had lost another son to an "unexpected medical condition". He added: "They have now lost their remaining son due to your violent act, and your actions have also deprived a young boy of his father. I detect no remorse for your actions".



 
THE LAW
Discovering the truth behind Scotland's strangest laws
The Scottish Courts and Tribunals Service (SCTS) has released a document debunking some of Scotland's weirdest laws. One such myth is the belief that if you ask to use someone's toilet in Scotland, they are legally obliged to let you. However, the SCTS confirms that there is no evidence of this law ever being in the statute books. Another debunked law is the offense of being drunk in public while in charge of any carriage, horse, cattle, or steam engine. Although this law does exist, it does not apply to Scotland. The document also clarifies that it is not illegal to fly the Lion Rampant flag, and any sturgeon fish caught on Scottish shores are not automatically the monarch's property. Other debunked laws include gambling in libraries, locking up or whipping Scottish people in Carlisle, and allowing a chimney to catch on fire. However, disturbing dead bodies is a real offense in Scots law. The law against using salt on roads to protect horses' hooves is no longer in force.



 
FIRMS
Morton Fraser MacRoberts appoints new chair
Morton Fraser MacRoberts has announced the election of Jenny Dickson, a partner within its litigation team, as chair. A specialist in personal injury, health and safety and inquiry work, Ms Dickson is also a board member of PRIME, a UK-wide alliance of law firms seeking to improve social mobility within the legal profession. Additionally, the firm said Ian Steele has been added as a non-executive director, while nine appointments have been made to its executive committee. 

 
INDUSTRY
Dundee lawyer scams client out of £3,000
Dundee lawyer Ian Davidson has been found guilty of scamming a client out of £2,739.31. Davidson, who was working as a consultant for law firm W & AS Bruce at the time, had the client make out a cheque in his name instead of the law firm. The client, Pauline Martin, testified that Davidson instructed her to do so and warned her not to tell anyone as it would look like money laundering. Davidson claimed he was shocked and regretted his actions, but the sheriff rejected his explanation as "ridiculous" and branded him a "liar". Davidson will be sentenced later. This is not the first time Davidson has been involved in financial misconduct, as he was previously struck off for stealing money from his late father's estate.
PROPERTY
Housing professionals declare 'housing emergency' in Scotland
The Chartered Institute of Housing (CIH) Scotland has used the first day of its national conference in Glasgow to declare that Scotland has moved past a housing crisis, and is now in a "housing emergency", with CIH Scotland national director Callum Chomczuk saying ahead of the event that the issue needs "a political response". "We want to see the UK Budget on Thursday provide increased spending, increased capital spending and clarity over future financial transaction allocations", he said, "which would mean more funding could be provided for affordable housing in the coming year. However, we also want to see the Scottish Government prioritise the delivery and building of affordable housing."
EMPLOYMENT
Aberdeen City Council launches teacher 'whistleblower' scheme
Aberdeen City Council is introducing a "whistleblowing" form for teachers who feel they are being discouraged from reporting violent incidents by pupils. The move follows an EIS union report into violent behaviour in the city's schools. More than a third said they had been assaulted by a pupil, and nearly half reported violent pupil behaviour in school every day. The report also suggested teachers were being encouraged not to report incidents in a drive to keep down exclusions. The details of the whistleblowing scheme were contained in an update letter sent to teachers.
SOCIAL
Councillors vote to block Stonehaven Orange Walk
A meeting of Aberdeenshire Council's Kincardine and Mearns area committee has unanimously voted to block a proposed Orange Walk in Stonehaven, proposed by the Orange Order on Saturday, March 16 to mark the opening of a new Orange Lodge in the town hall. A petition opposing the parade had attracted more than 10,000 signatures, while local businesses, including shops and pubs, had expressed concerns that they would have to shut during the event. Aberdeen Central MSP Kevin Stewart backed the decision, which he said sent "a clear message that there is no place for sectarianism, division and bigotry in the north east", although the Grand Orange Lodge has said it will "seek legal advice and appeal to Aberdeen Sheriff Court".
 


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