Legal Matters Scotland
Sign UpOnline Version
9th October 2024

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

CASES
Amnesty joins Supreme Court case over woman definition
Amnesty International has been granted permission to intervene in the Supreme Court case, For Women Scotland vs Scottish Ministers, which will address the legal definition of 'woman'. The case stems from a challenge by For Women Scotland against the Scottish Government's legislation that allows individuals "living as a woman" to be considered female under the Equality Act. Maya Forstater, CEO of Sex Matters, emphasised the broader implications, stating: “Unless there is clear recognition in law that being male or female is a material reality... women’s rights will continue to be whittled away.” The case has attracted considerable attention, including a £70,000 donation from JK Rowling to support For Women Scotland's efforts. Despite the potential ramifications across the country, the UK Government has seemingly not requested to intervene.
Information Commissioner attacks SNP over FoI battle
Scotland's Information Commissioner, David Hamilton, has criticised the SNP government for its three-year legal battle against releasing documents related to Nicola Sturgeon's conduct during the Alex Salmond inquiry. The government has failed to keep legal advice under wraps, including during court battles with the commissioner. Ministers must disclose evidence by October 26 or make an appeal on the ruling at the Court of Session. Hamilton said: “This appeal has significantly delayed and frustrated the applicant’s right to access information. It has also cost Scottish public finances tens of thousands of pounds of money and hundreds of hours of staff time, on what was ultimately shown to be a weak legal argument."
Lloyds faces £118m lawsuit over hotels
Luxury chain Macdonald Hotels is suing Bank of Scotland, a subsidiary of Lloyds Bank, claiming it was “seriously wronged” by the lender when it was forced to sell several hotels at below-market rates amid pressure to reduce its borrowings. It is claimed that Bank of Scotland “forced” Macdonald to dispose of “prime assets and therefore diminishing the value of the businesses.” While Macdonald’s lawyers at Enyo Law claim that the company has suffered losses of between £101.9m and £118.5m, plus interest, the bank’s lawyers at Herbert Smith Freehills say that Bank of Scotland “did not act in breach of duty as alleged or at all.”
Mother who stole from cancer charity jailed for three years
Lindsay MacCallum, a 61-year-old charity boss from Perthshire, has been sentenced to three years in prison for embezzling over £85,000 from Rainbow Valley, a cancer charity established in memory of her best friend’s daughter. MacCallum also defrauded the Anthony Nolan stem cell charity of £9,505. Over a ten-year period, she forged signatures and redirected fundraising money for personal use. Sheriff Maryam Labaki condemned her actions, stating MacCallum "systematically and deliberately" carried out these frauds, betraying cancer victims and their families.


Comparing Legal Case Management and Practice Management Software: Understanding the Distinctions

New apps, platforms, and software for the legal industry develop on an almost daily basis. With so many options available, companies often go to considerable lengths to make their services stand out. However, the focus on marketing can sometimes compromise the accuracy of the case-related information being presented. Therefore, clients may receive enticing slogans and free trials without having an understanding of how these new technologies would enhance their practice.

The difference between Legal Case Management Software and Legal Practice Management Software is sometimes a cause of confusion for legal firms worldwide. This lack of clarity can lead to poor investment decisions, since solicitors may believe a platform offers more functionalities than it actually does. Clarity is essential when entrusting your company’s operations to software. This blog aims to explain these terminologies and assist solicitors in understanding the specifics so that they may make educated decisions when choosing software solutions for their practices.

Read more

 
FIRMS
Linklaters launches GenAI training course
Linklaters has partnered with King's College London to offer a new training programme on generative AI (GenAI) for its lawyers. The ‘GenAI Expert Training course’ aims to enhance proficiency in GenAI and prompt engineering within the legal sector. Following a successful introductory course that saw over 80% of staff participate, the new programme includes classroom sessions and practical exercises, including a hackathon. Shilpa Bhandarkar, partner at Linklaters, said: “Offering a global cohort of our people the opportunity to learn from leading academics and each other will help embed GenAI expertise across our business.” The initiative comes as research by LexisNexis revealed that over 40% of lawyers now utilise AI in their daily work, with faster task completion being the primary benefit.


Are you a sole practitioner wishing things could be different?

Sole practitioners feel bogged down in red tape, administration and finance wondering how they are going to get through the legal work on their desk. Is that you? Do you wish things could be different?

The good news is that things can be different with 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.

Find out if Plug & Play Law is a good fit for you. Simply complete the scorecard for sole practitioners.

Read more

 
PLANNING
Firm promises to reconstruct illegally demolished building
Irish construction company Advance Construction has pledged to rebuild a Georgian country house that was unlawfully demolished last month. After a fire on August 29, the Seamus Shields-founded company asked for permission to demolish the structure. Despite not receiving the permission, Advance proceeded to bulldoze the category B listed property. The company cited safety concerns and alleged that several fires since 1984 had already led to the floors collapsing. The company commissioned an independent structural engineer's report, which revealed the building could not be saved and was an immediate health and safety risk. Advance Construction offered to rebuild Carsebridge House in its footprint in a similar style, using the original façade stone and relocating an ancient Roman column to a location of the council's choosing. Police Scotland have opened an investigation into the demolition and ongoing enquiries into a wilful fire at Carsebridge House.
EMPLOYMENT
Ministers downplayed public sector pay increases
According to finance secretary Shona Robison, SNP ministers purposefully overestimated the cost of public sector pay increases by hundreds of millions of pounds in order to postpone spending cuts and use the strategy as a bargaining chip with trade unions. Pay rises of 3% were planned for by the government, even though it was widely believed that the settlements would be higher. By lowering the rate, ministers were able to allocate more funds towards important initiatives that might win over other political parties. Junior physicians received 17.5% over two years, nurses received a 5.5% boost, and council staff would receive 4.3%, against her 3% projection. Robison issued a warning that "emergency spending controls" were necessary to address the impact of public sector wage increases, and severe in-year cuts have since been implemented.
Snooping bosses increase stress and hit productivity
Susannah Copson, legal and policy officer at Big Brother Watch, says the Government appears to be retreating from its commitment to regulate workplace surveillance. She says that advances in technology, falling costs and the shift to home working have brought a "dramatic" increase in workplace surveillance amid a "frantic drive to maximise employee efficiency." Warning that surveillance tools are invasive, unreliable and discriminatory, she voices concern over the "profound human cost," saying use of the technology compromises employees' well-being, job satisfaction and trust. Ms Copson warns: "The problem is systemic; without safeguards, companies will continue to introduce excessive surveillance, and workers will pay the price."
ECONOMY
Fiscal rule change could unlock £57bn at Budget
With Chancellor Rachel Reeves reportedly considering a change to the UK’s fiscal rules at the Budget, experts say doing so could unlock an extra £57bn. Labour had pledged to follow two rules: that costs in the Budget are met by revenues such as tax and that debt must be falling as a share of the economy by the fifth year of the economic forecast. With it suggested that Ms Reeves may now be looking to alter Labour’s fiscal rules to help tackle a £22bn gap in public finances, the Institute for Public Policy Research has urged her to adopt a “public sector net worth” target at the Budget. This would be a measure of the total value of what the government owns, minus what it owes. The change would mean the Government aiming to increase public sector net worth in year five, rather than reduce debt.
OTHER
Scotland's population hits record high
Scotland's population reached a record high of 5,490,100 by mid-2023, marking the fastest growth since the 1940s, according to the National Records of Scotland (NRS). This increase of 43,100 people, or 0.8%, was primarily driven by immigration, with NRS head of demographic statistics Esther Roughsedge commenting: “The main driver of population growth over the year was people moving to Scotland from abroad and other parts of the UK.” Notably, deaths exceeded births by 19,100, the largest gap recorded. The data also revealed that over 20% of the population is now aged 65 and over, reflecting an ageing demographic. Major cities like Edinburgh and Glasgow saw significant growth, while some rural areas experienced declines.
 


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 XFollow us on Linkedin

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

Click hereto unsubscribe