Legal Matters Scotland

A free early morning round up of news for legal professionals across Scotland.
Sign up here for your free daily edition

SENTENCING
Scotland's top judge urges sheriffs to reduce jail sentences
Sheriffs have been urged by Scotland's top judge to send fewer criminals to jail for short sentences amid a prison overcrowding crisis. Lord Carloway has encouraged sheriffs to consider alternatives to jail such as Community Payback Orders to ease pressure on prisons. Up to 500 prisoners are set to be released early after SNP ministers announced they would use emergency powers to tackle overcrowded jails. Justice Secretary Angela Constance said she was taking the controversial step to release criminals serving less than four years in response to the 'critical risk' facing the country's prisons. Scottish Tory justice spokesman Russell Findlay expressed concern over the early release of prisoners. Lord Carloway wrote to sheriffs principal on May 15, encouraging them to consider alternatives to short-term sentences. The Scottish Government stated that it is entirely for the Lord President to decide how he engages with members of the judiciary.


Five methods to save time and add value to your law firm through excellent legal matter management

Legal software’s value comes from its capacity to support the day-to-day operations of the business while also serving as a strategic business partner and enabler. However, in order to accomplish this, your legal office must be in top shape.

That is why, for excellent reasons – which we will discuss – we have developed a list of the ways your matter management method may be causing errors and how to solve them, so that your legal team can save time and give more value to the business.

Why Should You Prioritise Effective Matter Management? 

Read more

 
THE LAW
Hillsborough law report calls for government action
The UK Government must go further to avoid a repeat of the failures made after major tragedies like the Hillsborough disaster, MPs and peers have warned. A report by Parliament's Joint Committee on Human Rights (JCHR) recommends the Government consider introducing a statutory duty of candour for all public bodies. Campaigners are also calling for new legislation to prevent similar disasters from happening again. The JCHR chairwoman, Joanna Cherry KC, stated that lessons still need to be learnt to ensure that these failures are not repeated. The committee also calls for measures to establish a culture of openness and to give families as much clout at investigations as the public bodies involved. The report highlights the risk of inequality of arms between public bodies and bereaved families at inquests and inquiries.


Spring into action and join the list for Plug & Play Law

Plug & Play Law gives you more of the fees you generate; complete freedom of how, where and when you work; and allows you to focus on doing the legal work that you love to do. Is it time to take action this Spring and plan your next move in legal practice? If you join the Spring Plug & Play Law Waitlist you will become part of Inksters' inner circle community, giving you priority access and information. In particular, you will find out soon if Plug & Play Law is a good fit for you. Spring into action and join the Plug & Play Law waitlist now!

Read more

 
PROPERTY
Over 14,500 short-term let licences validated in Scotland
More than 14,500 short-term let licences have been validated in Scotland, according to data published by the Scottish Government. Since the scheme opened on October 1, 2022, at least 23,576 applications were submitted to councils. However, by the end of last year, 9,037 applications had not been validated. Housing Minister Paul McLennan urged hosts to provide any missing documentation. As of the end of last year, 49% of validated applications were granted a licence while 50% remained pending. Just 1% were withdrawn, refused, or lapsed.
Ministers ready to intervene in Bannockburn trotting track proposal
Scottish Ministers have stated their intention to intervene if Stirling councillors support the creation of a harness racing track on Bannockburn Battlefield. An application for the track and amenities facility, including toilets, a licensed bar and food and drink takeaway, is currently under consideration by Stirling Council's planning panel. The council has been informed that if they are inclined to approve the application, ministers will step in and delay the granting of permission for at least 28 days to assess the impact on the historic battlefield and listed buildings.
CASES
Police send report on Peter Murrell's embezzlement charge to prosecutors
Police Scotland has announced that a report has been sent to prosecutors in relation to former SNP chief executive Peter Murrell's embezzlement charge. The Crown Office and Procurator Fiscal Service also confirmed that investigations involving his wife Nicola Sturgeon and ex-treasurer Colin Beattie were still ongoing. "Investigations continue and we are unable to comment further," the force added. A spokesperson for the COPFS said: "Professional prosecutors from COPFS and independent counsel will review this report. They will make decisions on the next steps without involving the Lord Advocate or Solicitor General."
First person convicted under new hate crime legislation in Aberdeen
A 26-year-old offshore mechanic, Jay Rothnie, has become the first person to be convicted under the new Hate Crime and Public Order (Scotland) Act 2021 in Aberdeen. Rothnie clashed with police at a casino and made a racist comment towards an officer with an English accent. The Crown Office and Procurator Fiscal Service confirmed that this is the first conviction of its kind in Aberdeen. Rothnie pleaded guilty to racially aggravated behaviour and resisting arrest. His defense agent stated that Rothnie had consumed too much alcohol and made the comment out of prejudice towards nationality. He was admonished for the hate crime offense and fined £520 for resisting arrest.
Digby Brown settles civil actions against Pentland Ferries
Law firm Digby Brown has settled all civil actions against Pentland Ferries following the MV Alfred incident. The firm helped four affected individuals and recovered £50,000 in compensation through out-of-court settlements. The Marine Accident Investigation Branch (MAIB) report revealed that the master of the Alfred "almost certainly fell asleep" before the incident, causing injuries to over 40 passengers and crew. The report also highlighted that the ferry had been "routinely passing too close to land" and lacked assurance in following procedures. Recommendations have been made to the Maritime and Coastguard Agency and Pentland Ferries. Digby Brown criticised Pentland Ferries for not apologizing to those affected.
EMPLOYMENT
Council strike risk grows as unions reject pay offer
The risk of another council workers strike has increased as unions express disappointment over a pay offer. COSLA is proposing an 18-month deal with a 2.2% rise retroactive to last month and an additional 2% rise in October. Unite has rejected the offer, while Unison will urge its members to do the same. The GMB will discuss the offer soon. The unions say they understand the financial position councils are in and believe the Scottish Government needs to give councils more money. A COSLA spokesperson said: "We believe that this is a strong, fair, and credible offer which reflects the high value council leaders place on the local government workforce and the invaluable work they do every day to serve our communities.”
FINANCE
FSCS to pay £363m in compensation
The Financial Services Compensation Scheme (FSCS) has projected that it will pay out £363m in compensation during the 2024/25 fiscal year. The FSCS provides a safety net for customers of authorised financial services firms that have failed or ceased trading, offering protections for products such as bank deposits, investments, pensions, insurance, and funeral plans. The total levy payable by firms for the 2024/25 financial year came in at £265m, a small decrease from the previous year. Surplus funds have been used to offset the levy. The average compensation amount on pension transfer claims in 2023/24 was around £35,000, lower than the previous year.
ECONOMY
£5m for various island initiatives
First Minister John Swinney is set to unveil a £5m package aimed at addressing child poverty, stimulating economic growth, investing in green energy and enhancing public services on Scotland's islands. The announcement will be made during his visit to Shetland today. The package includes £1m for a new initiative supporting the islands' goal of achieving net zero by 2040 and another £1m allocated to the Island Cost Emergency Fund to alleviate poverty across the six island local authorities. The remaining £3m will support locally designed infrastructure projects, which will be revealed during a visit to Cope Shetland, the island’s leading community reuse and recycling centre.
Private sector growth falls and services sector inflation cools
Growth across the private sector slowed in May, while services sector inflation started to ease, according to the S&P Global/CIPS flash UK PMI. The index came in at 52.8 in May, down from 54.1 in April, on a gauge where a reading above 50 represents growth. City analysts had expected a reading of 54. Activity in the services sector grew in May but at a slower rate than in April, with a score of 52.9 compared to last month’s 55. Meanwhile, manufacturing output saw growth in May after a slight decline in April, posting a two-year high of 52.7. Chris Williamson, chief business economist at S&P Global Market Intelligence, said the cooling of services inflation is “welcome news,” adding that it is “needed to open the door for the Bank of England to start cutting interest rates.”
 


Legal Matters Scotland is designed to help you stay ahead, spark ideas and support innovation, learning and development in your organisation.

The links under articles indicate original news sources. Some links lead directly to the source material. Others lead to paywalls where you may need a subscription. A third category are restricted by copyright rules.

For reaction and insights on any stories covered in Legal Matters Scotland, join the discussion by becoming a member of our LinkedIn Group or Business Page, or follow us on Twitter.

 

Follow us on FacebookFollow us on TwitterFollow us on Linkedin

This e-mail has been sent to [[EMAIL_TO]]

Click hereto unsubscribe