Legal Matters Scotland
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7th November 2024

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INDUSTRY
Legal aid 'crisis' deepens in Scotland
Senior lawyers have raised alarms over the worsening legal aid crisis in Scotland, following a report from the Scottish Legal Aid Board (SLAB) revealing a 23% decline in cases funded since 2019-20. The report, which urges the Scottish Government to undertake “significant reform,” indicates that while legal aid costs rose by 12% to £151m, the number of cases paid to solicitors fell to 134,900 in 2023-24. Ian Moir, co-convener of the Law Society’s legal aid committee, stated: “The figures in this annual report show the long-term deterioration in Scotland’s legal aid system is continuing.” The report highlights a growing concern over the decreasing number of solicitors willing to provide legal aid services, with only 596 firms submitting applications this year. The report reveals that Brian McConnachie, KC, had legal aid earnings of £366,000 last year, up from £262,000 the previous year, despite being sanctioned for his behaviour in a row over salacious sex texts. The highest earner was Tony Lenehan, KC, who received £450,000 - up from £400,000.
Successes and challenges for Scottish legal sector
Susan Murray, President of the Law Society of Scotland, reflects on positive developments within the Scottish legal sector over the past five months. McGiffen comments: "Solicitors are proving innovative and eager to adapt and thrive in a changing world." With over 700 legal traineeships initiated this year, the future appears promising. However, challenges remain, particularly concerning access to justice, as many solicitors are opting out of the legal aid system. Murray concludes: "We know that further challenges and opportunities will be coming in 2025. The Law Society will continue working to ensure the solicitor profession continues to drive progress and prosperity across Scotland."
Accountants fail to dominate legal scene
Once seen as the future of corporate legal services, accountancy firms, particularly the "big four" – KPMG, PwC, Deloitte, and EY – have struggled to make a significant impact in the legal sector. Research from The Lawyer reveals that the market share of accountants in legal services has declined from 1% in 2002 to just 0.7% today. PwC's law firm branch, which was expected to generate £100m, currently only achieves around £77m annually, highlighting the challenges faced by these firms in the legal landscape.
The Best Law Firms of 2025
The Times carries a supplement on the Best Law Firms of 2025 – a list of 250 firms in England and Wales that have been commended in one or more of 28 categories of law by peers in other firms. Scottish firms were also surveyed.



 
COURTS
Scotland's courts face three-year waits
Malcolm Graham, chief executive of the Scottish Courts and Tribunals Service, has warned MSPs that a failure to increase funding could result in waits exceeding three years for serious cases to be heard. He described a “flat cash settlement” for 2025-26 as equivalent to removing 10 courts from the system. The SCTS is projected to spend around £213m in 2024-25 and requires an uplift of £20.8m to maintain service quality and progress on reforms. Graham emphasised the critical need for funding to avoid delays that contradict the justice sector's commitment to reducing trauma for victims and witnesses. A Scottish Government spokesperson noted that despite financial challenges, funding for the SCTS was increased by over £14m this year.

 
PRISONS
Prison service chief warns of crisis
Scottish Prison Service (SPS) chief executive Teresa Medhurst has described the escalating prison population as the “most critical operational and strategic challenge” facing the service. With the number of inmates recently reaching 8,313, nearly matching the level that prompted an emergency release in May, the SPS anticipates needing an additional £6m in 2025-26 to manage the influx. Addressing MSPs at Holyrood’s criminal justice committee, Ms Medhurst highlighted that this rise, coupled with the “increased complexity” of inmate care, strains the ability of staff to deliver essential rehabilitative programmes.
CASES
Tagging order for woman in Hollywood scam
A pensioner who conned her family in a £35,000 Hollywood acting scam has been given a tagging order for 10 months. Ann Dunlop, 69, claimed her daughter Heather Dunlop, 40, was being lined up for million-pound contracts and mingling with the likes of Leonardo Di Caprio and Beyonce. Dunlop convinced her brother David Bunton to give her daughter cash to help her make her movie breakthrough. She was found guilty last year of defrauding her family of a total of £35,368 at Glasgow Sheriff Court, while Heather Dunlop was jailed last week for eight months after pleading guilty to a similar charge.
Judge urged to dismiss DRS case against SNP ministers
The Scottish Government has requested a judge dismiss a £166m claim, brought against it by Biffa, over its failed Deposit Return Scheme. Advocate Gerry Moynihan KC, acting for the Scottish Government, told judge Lord Clark that the ministers do not have a “duty of care” to the waste management firm. Biffa was appointed to collect recycled containers across Scotland on a 10-year deal, with the firm expecting to make more than £100m profit. But Lorna Slater, the Green minister in charge of the scheme, failed to get the required exemption from the UK Government from the Internal Market Act before starting work on the scheme.
POLICING
More arrests coming in wake of Bonfire Night violence
Police Scotland has confirmed that it has already made 19 arrests over fireworks offences since Halloween, including in violent incidents on Bonfire Night, with more arrests expected over the coming days over criminal behaviour on Tuesday night, including attacks on police officers and firefighters with fireworks, bricks and bottles. The Scottish Fire and Rescue Service, meanwhile, has said its crews responded to more than 1,000 emergency calls on Bonfire Night alone, with crews attacked on six occasions, in Clydebank, Edinburgh, and Blackridge in West Lothian.
FIRMS
Championing diversity in law
In an interview with the Scotsman, Jenny Dickson, chair of Morton Fraser MacRoberts (MFMac), says the firm's commitment to diversity, inclusion, and belonging (DI&B) is central to its operations. MFMac employs the RARE scheme for recruitment, focusing on socially disadvantaged candidates, and monitors promotion statistics to ensure gender equity. The firm also participates in the PRIME programme to enhance social inclusion in law and offers a paid internship programme with Career Ready Scotland. Employee resource groups provide diverse voices in shaping policies, while initiatives like "This is Me" and partnerships with Dyslexia Scotland aim to foster inclusivity.
EMPLOYMENT
AI hiring tools face scrutiny
Job applicants are increasingly facing bias due to the use of artificial intelligence (AI) in recruitment, as highlighted by the Information Commissioner's Office (ICO) in its audit titled AI tools in recruitment. The ICO found that some AI tools allowed recruiters to filter candidates based on gender and ethnicity, raising concerns about reinforcing poor hiring practices. Ian Hulme, the ICO's director of regulatory assurance, stated: "AI can bring real benefits to the hiring process, but it also introduces new risks that may cause harm to jobseekers if not used lawfully and fairly."
HOLYROOD
Swinney congratulates Trump on victory
Scotland's First Minister John Swinney has congratulated Donald Trump on his US presidential victory. The SNP leader had backed Democratic candidate Kamala Harris, in a move that was branded an "insult" by Trump's Scottish business. But following his win, Swinney said he would be “happy” to meet with Trump if he visited Scotland. He added: "It’s important that we take forward the economic, social and cultural ties that exist between Scotland and the United States."
 


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