Legal Matters Scotland
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13th February 2025

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COMPENSATION
Abuse survivors to receive over £150m in compensation
Survivors of historical child abuse in Scotland's care system are set to receive over £150m in compensation. The Redress Scotland scheme has been established to compensate survivors, offering payments ranging from £10,000 to £100,000. Some 23 organisations have agreed to participate in the scheme and make financial contributions to compensate victims. Scotland’s 32 local authorities have agreed to contribute up to £100m over a decade to the scheme. The government continues to seek financial contributions from organisations responsible for instances of abuse. Religious organisations have also contributed, including the Daughters of Charity of St Vincent de Paul, a Roman Catholic order for women, which has agreed to pay a maximum of £10m to people who suffered abuse at their hands.
140k can claim blood scandal compensation
New legislation introduced in Parliament allows up to 140,000 bereaved parents, children, and siblings of victims from the infected blood scandal to claim compensation. It is estimated that 30,000 individuals contracted HIV and hepatitis from contaminated blood products during the 1970s and 80s. Chancellor Rachel Reeves announced that £11.8bn has been allocated for compensation, marking it as potentially the largest payment in NHS history. The new laws will enable relatives to claim compensation for the impact on their lives, with amounts varying based on individual circumstances.


 
THE LAW
Calls for mandatory NHOs in certain domestic abuse-related cases
A woman whose ex-partner was convicted of raping and assaulting her is calling for mandatory non-harassment orders (NHO) in certain domestic abuse-related cases. Amelia Price, who left Scotland due to the trauma of the incident, believes that her abuser might be able to legally contact her once he is released from prison. She has been lobbying the justice secretary and MSPs to change the law to make NHO mandatory in sexual offence and domestic abuse cases where the perpetrator is a partner or ex-partner and the victim wants an NHO. Since 2019, there has been an automatic requirement for the court to consider whether to grant an NHO in cases involving domestic abuse. In recent years, non-harassment orders had been imposed in less than 50% of domestic abuse cases or offences where domestic abuse was a factor.
SNP considers law change regarding mixed-sex school toilets
SNP ministers are planning to revisit the School Premises (General Requirements and Standards) (Scotland) Regulations 1967, which mandates half of school toilets be for girls and the other for boys. The law has come under scrutiny as schools increasingly adopt gender-neutral bathrooms. A 2018 consultation found broad support for updating the regulations to accommodate gender-neutral toilets, particularly for children and young people who do not identify with their biological sex. However, the government's latest plans have been criticised by women's rights campaigners who argue that mixed-sex toilets compromise pupils' privacy, dignity, and safety.


 
PROPERTY
Edinburgh Council faces compensation claims from short-term let owners
City of Edinburgh Council is facing potential compensation claims exceeding £1m from short-term let (STL) owners who were compelled to submit planning applications. Edinburgh introduced licensing for STLs in 2022 and designated the entire city as a 'control zone' requiring all owners of lets that were not their principal home to seek planning permission too. But the following year, a Court of Session judge ruled planning applications were only mandatory for properties that changed use after the control zone came into force. The council then changed its guidance to say legacy STLs may require planning approval, to be determined on a case-by-case basis. The Justice for Scotland's Self-Caterers campaign group said over 100 landlords have now lodged claims seeking compensation for the "unlawful" planning fees imposed on them, which range from £690 to £2,073 per application.
Thousands of mould complaints recorded
Over 160,000 complaints regarding mould and dampness in social housing have been reported since the SNP took power, according to data obtained by the Scottish Conservatives. The information, obtained through freedom of information requests from 22 of 32 local authorities, suggests that the actual number of affected homes is likely higher, as ten councils did not log such data. The highest recorded complaints came from Aberdeen City (34,787), Edinburgh (24,216), and Renfrewshire (17,860).
COURTS
More judicial continuity needed in family law cases
The 2024 Shared Parenting Scotland User Survey found that 41% of respondents had four or more sheriffs involved in their child contact court case, with 20% having more than five. Only one in five had the same sheriff throughout their case, despite longstanding judicial aspirations for continuity, as highlighted in the 2009 Gill Report. Shared Parenting Scotland's chief executive, Kevin Kane, said that judicial continuity benefits both sheriffs and parties by providing consistency and reducing the need to restart arguments.
INDUSTRY
PM faces calls for action over Hermer
Sir Keir Starmer is under increasing pressure to dismiss Attorney General Lord Hermer after it was revealed that he supported disgraced lawyer Phil Shiner. Despite Mr Shiner's war crime claims against British troops being dismissed as "deliberate lies" by a public inquiry, Lord Hermer praised him for his work in exposing alleged torture by the British Army in Iraq. Critics, including Tory leader Kemi Badenoch, argue that Lord Hermer's past associations with Mr Shiner, who is now a convicted fraudster, raise serious questions about his suitability for the role.
CASES
MI5 admits to misleading High Court
MI5 has acknowledged that it "misled" the High Court during efforts to prevent the BBC from naming a suspected informant involved in serious allegations. In 2022, the Government sought to block a BBC programme that would identify a neo-Nazi state agent accused of abusing two women. Mr Justice Chamberlain confirmed that the BBC could still air the programme without revealing the informant's identity, referring to him as "X". During a recent hearing, it was revealed that part of MI5's written evidence was false, with Jude Bunting KC stating that the investigatory powers tribunal may have also been misled. MI5 director general Sir Ken McCallum said an external review has been commissioned to address the issue.
Man jailed after supermarket machete attack
A man has been jailed for 15 years for attempting to murder the brother of a jailed gangster in a machete attack at a supermarket in 2021. George 'Dode' Baigrie sliced into the arm of his victim with the weapon before pursuing him in the aisles of the Tesco store at Gracemount Drive in Edinburgh. Baigrie and his co-accused Kevin Richardson denied attempting to murder the man, but Baigrie was convicted. First offender Richardson, a getaway driver, was acquitted of murder but convicted of a life-threatening assault and jailed for 6 years.
Pizza oven maker defeats Chinese manufacturer
Scottish pizza oven maker Ooni has won legal victories against a Chinese company, Foshan Hanshi, over the infringement of intellectual property rights. A Scottish court ruled that Foshan Hanshi’s Flamo ovens violated Ooni’s designs, ordering them to cease production and pay £100,000 in damages. Additionally, the UK Intellectual Property Office invalidated two of Foshan Hanshi’s UK registered designs after Ooni’s challenge, asserting that the designs closely resembled Ooni’s patented ovens.
TAX
Law firm boss warns over tax changes
Dr Stephen Bence, chief executive of law firm Vardags, has voiced concern over Chancellor Rachel Reeves’ changes to tax policy, warning that they could hinder economic growth. He argues that changes to non-dom rules “make it deeply unattractive for these internationally mobile people to remain in the UK.” High and ultra-high net worth individuals, he says, “have been voting with their feet” and leaving the country at a far higher rate since the shift was announced. Dr Bence also says “utterly naïve” changes to employer National Insurance contributions are “about as anti-growth as one can get,” arguing that raising the cost of employing people has “already tipped some businesses over the edge.” He also criticises “short-sighted” changes to inheritance tax which mean family businesses are no longer exempt. He notes that IHT is now payable on any value above £1m, “albeit at half the normal rate.”
 


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