Legal Matters Scotland
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9th January 2025

A free early morning round up of news for legal professionals across Scotland.
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FINANCE
Edinburgh to introduce visitor levy
Edinburgh will implement a visitor levy on all overnight stays starting from 24 July 2026, with bookings made from 1 May 2026 subject to a 5% plus VAT surcharge. The initiative, the first mandatory citywide scheme in the UK, aims to generate up to £50m annually to address the challenges posed by mass tourism. Council leader Jane Meagher said: "The funding could provide Edinburgh with the biggest single injection of new funding this side of the millennium." The levy will apply to all types of accommodation, impacting at least 4,000 providers, and follows similar voluntary schemes in other English cities. The Welsh Government is following the lead of the Scottish parliament in introducing new powers for councils to impose a visitor charge, which is expected to be a fixed rate of 75p per night for campsites and hostels and £1.25 for all other accommodation.


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HOUSING
Scots prefer private rentals over social housing
The latest Scottish Housing Survey reveals significant differences between the private rented sector (PRS) and social housing. The PRS caters to a younger, more mobile demographic, often employed full-time or self-employed, who seek short-term living arrangements. In contrast, social housing is predominantly occupied by older individuals looking for permanent homes. David J Alexander, CEO of DJ Alexander Scotland Ltd, emphasises that both sectors are essential and should coexist, stating: "They need each other to service the diverse array of people who make up modern Scotland." The survey indicates that tenants in the PRS report higher satisfaction with their homes compared to those in social housing, highlighting the need for a housing system that accommodates various lifestyles and economic statuses.


 
EMPLOYMENT
Addison Lee drivers win worker status
Around 700 drivers from Addison Lee may be eligible for backdated compensation following a ruling by the Employment Tribunal that classified them as workers. The legal battle, initiated by Leigh Day in 2017, concluded with the Tribunal siding with the drivers, affirming their worker status. Despite Addison Lee's attempts to appeal the decision, including a failed bid at the Court of Appeal, the Tribunal's ruling stands. Employment Judge EJ Hyams stated that all drivers are considered workers when logged onto the company's app. Liana Wood from Leigh Day said: “This decision is of huge importance to drivers at Addison Lee who have been fighting for many years to be recognised as workers.” Addison Lee has indicated disappointment with the ruling and is contemplating an appeal.
FIRMS
John Dunlop joins BTO’s real estate team
BTO has announced that John Dunlop has joined as a Partner in the firm's Real Estate team, based in Edinburgh. His appointment follows last month’s announcement of Paul Greenhill’s promotion to Partner in Glasgow. Grant Hunter, Managing Partner of BTO, commented: “John’s pragmatic and commercially focused approach to property law will be a great fit with BTO’s values. Known for his efficiency and ability to navigate complex deals, John will be an invaluable asset to our Real Estate team and to the firm as a whole. We’re very pleased to have him on board.”
ENVIRONMENT
Flood response chaos leaves Scots stranded
Residents in flood-prone areas of Scotland are facing inadequate responses from local councils and water authorities, according to a report by Glasgow Caledonian University. The study reveals that poor communication and blame-shifting among institutions have left communities, such as Gallowhill in Paisley, feeling “under-prepared” for flooding. The report calls for “systemic reforms” to improve flood management, highlighting that current policies are failing to protect vulnerable communities as climate change exacerbates the situation. Dr Fiona Henderson, the lead author, emphasised the need for better funding and coordination among local authorities to address these pressing issues.
FRAUD
Council's fraud scandal exposes weak controls
Aberdeen City Council's financial oversight has come under scrutiny following a significant fraud case involving Mike Paterson, a council tax and recovery team leader, who embezzled £1.109m over 17 years. The Accounts Commission identified "weaknesses in internal controls" and a lack of scrutiny as key factors that allowed Paterson's actions to go unnoticed. Andrew Burns, deputy chairman of the Accounts Commission, described the incident as "a cautionary tale," emphasising the need for councils to implement robust checks and balances. He praised a whistleblower for reporting suspicious activity, highlighting the importance of whistleblowing policies. Although the council has begun to address the issues, the Commission noted that improvements are still needed, with a key implementation date set for December 2024. The council expects to recover the lost funds, ensuring no financial loss to affected taxpayers.
East Kilbride tax worker faces jail time
Joanne Connell, a 37-year-old tax worker from East Kilbride, embezzled £193,000 from HMRC over nearly a year, using taxpayer details to create fraudulent credits. Appearing at Hamilton Sheriff Court, she admitted to the crime, stating it helped her clear “pretty much all” of her mortgage. Connell, who had worked for HMRC for 15 years, committed the fraud while on sick leave due to meningitis. Prosecutor Neil Thomson revealed that she transferred significant sums, including £35,000 on four occasions. Defence solicitor Abby Russell argued for a non-custodial sentence, citing Connell's willingness to repay HMRC by selling her home valued at £123,000. Sheriff John Hamilton described the fraud as “sophisticated and persistent,” and postponed the case for six weeks to assess the progress of the house sale, warning that without it, Connell would face jail time.
CASES
Teenager faces court over horror crash
Arran Gary Paterson, 19, has been charged with causing a serious crash that resulted in Adam Golebiewski, a goalkeeper for Deveronside JFC, losing both legs. The incident occurred on September 8 last year at around 3am on Union Road in Macduff. Paterson faces multiple charges, including dangerous driving and drink-driving, and made no plea during his appearance at Banff Sheriff Court. Golebiewski, who has since been released from hospital, described his recovery journey, stating: “It's been three months of pain, being trapped in hospital, but I am home now, so that's the most important thing.” Paterson has been granted bail and will return to court at a later date.
Scout leader faces multiple assault charges
Christophe Orchowski, a 37-year-old scout leader and former chairman of the Polish Scouts of the Scottish Charitable Incorporated Organisation, is facing 15 charges related to the sexual assault and indecent communication with minors. The allegations involve the sexual touching of four girls, some as young as 13, at various locations including Aberdeen and Lake Garda, Italy, between 2016 and 2022. One charge states that he "defied a court order" by being in the company of teenagers at a camp in Dundee in 2023. Orchowski is accused of using a belt to strike a girl, claiming it was part of a "ritual". He denies all charges and is set to stand trial at Aberdeen Sheriff Court on March 3.
MEDIA
Zuckerberg's factchecker removal sparks concern
Mark Zuckerberg's decision to eliminate factcheckers from Facebook, Instagram, and Threads has drawn sharp criticism from politicians and experts in the UK and EU. Chi Onwurah, Labour MP, described the move as “concerning” and “quite frightening,” stressing the need for protection against misinformation. Zuckerberg had singled out the EU and the UK as regions that were increasingly censorious, but the European Commission refuted Zuckerberg's claims, asserting that the Digital Services Act does not mandate the removal of lawful content. Arnav Joshi, a senior technology lawyer at Clifford Chance, said Meta will face intense regulatory scrutiny if it moves away from human factcheckers in the UK and EU: "Regulators will want to see evidence of the efficacy of these changes – this has proved difficult to quantify and justify in the past.”
INTERNATIONAL
Legal battle intensifies over Yoon's detention
Lawyers for impeached South Korean president Yoon Suk Yeol have condemned attempts to detain him following his brief imposition of martial law. As anti-corruption officials prepare for another attempt to arrest him, Yoon's security has been reinforced with barbed wire and vehicles blocking access to his residence. Yoon Kap-keun, one of Yoon's lawyers, said: "People are suffering in the severe cold and government officials must be experiencing significant internal conflict," urging the anti-corruption agency to either indict the president or seek a formal arrest warrant. The liberal opposition Democratic Party accused Yoon's lawyers of stalling the process, while police are considering "all available options" to bring him into custody, including the potential use of SWAT teams. The situation remains tense as both supporters and critics of Yoon gather near his residence.
AND FINALLY...
Snowy driveways could lead to lawsuits
Households are being urged to clear snow from their driveways to avoid potential legal issues. According to Hugh Rowland of Gotelee Solicitors LLP, while there is no law mandating snow clearance, doing it improperly can increase liability risks. He said: "If you do clear it, then you have got to make sure that you do it well and that you maintain it." The Department of Transport advises that clearing snow is permissible, and it is unlikely one will be sued if done carefully. However, if someone is injured due to poor clearance, the homeowner could be held responsible. Residents are advised to clear snow early, avoid using water, and use salt instead to prevent refreezing.
 


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