Legal Matters Scotland
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21st February 2025

A free early morning round up of news for legal professionals across Scotland.
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INDUSTRY
Call for legal aid reform amid 'dire' lack of defence lawyers
Scotland is facing a "dire" shortage of defence lawyers, according to the Scottish Solicitors Bar Association. The body's president, Simon Brown, highlighted the urgent need for increased legal-aid rates and called for the establishment of a new review mechanism to ensure the system was fit for purpose. He said the current system fails to provide competent representation, particularly for domestic abuse cases. The Law Society of Scotland has warned that one third of practitioners are nearing retirement, exacerbating the crisis. Tony Lenehan, vice-dean of the Faculty of Advocates, said the professions of both solicitors and advocates were "two decades deep into a cycle of real-world pay cuts", with the pressures on the former directly impacting on the number of advocates. Dr Marsha Scott, chief executive of Scottish Women's Aid, noted that staff often make 40 to 50 calls to secure legal representation for clients, indicating a severe lack of available solicitors.


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POLICING
Scotland could recruit fewer police officers following NI rise
Police Scotland could face reduced officer recruitment due to a £25.2m increase in National Insurance costs. Chief Constable Jo Farrell stated that unless the force is fully compensated for this hike, it will have to scale back its hiring plans. In an update to the Scottish Police Authority, she said that the “current indication” was that SNP ministers would only provide half the costs. Home Secretary Yvette Cooper has promised to compensate forces in England and Wales to "ensure that they do not lose out. The number of Scottish police officers has already dropped to its lowest in 15 years, with further recruitment cuts on the horizon without full funding.


 
THE LAW
Sarwar calls for clear guidance on single-sex spaces
Anas Sarwar has urged the Scottish Government to provide clear guidance on access to single-sex spaces in the NHS and other public property. Speaking ahead of his party's conference in Glasgow, the Scottish Labour leader said he favours the protection of "single-sex spaces based on biological sex". While Sarwar supports single-sex spaces, he avoided stating whether trans women should be automatically excluded. First Minister John Swinney insists current guidance is "crystal clear," but Sarwar claims public bodies need better direction. Meanwhile, deputy first minister Kate Forbes has said she “unequivocally” supports single-sex spaces. The debate around self-ID and gender has intensified in Scotland during an employment tribunal brought by nurse Sandie Peggie after she had to share a female changing room with transgender doctor Beth Upton.
TECHNOLOGY
Lawyers: Firms are lagging in AI adoption
According to LexisNexis' Innovating the Client Experience study, a significant number of lawyers feel their firms are slow to adopt AI and new technologies. The survey, which included over 800 legal professionals in the UK, revealed that 47% believe their firms are slow or very slow in implementing new tech, while only 18% consider their firms fast. Additionally, 35% of lawyers think their firms are inadequate in delivering legal work. Looking ahead, 57% of private practice lawyers expect increased reliance on AI for research and document review in the next three years. Stuart Greenhill, senior director of segments at LexisNexis UK, commented: “To remain competitive, firms will need to deliver a superior, data-driven legal service.”
EMPLOYMENT
Age discrimination payouts are getting bigger
Analysis by Fox & Partners shows that the average compensation awarded in successful age discrimination cases increased 624% to £103,000 in 2022/23, with a surge in high-value cases involving senior professionals.
CASES
Men jailed for violent carjacking
Two men who attacked a 71 year-old Highland businessman in a carjacking have both been sentenced to four-and-a-half years in prison. Calum Ross, 19, and Matthew Bell, 24, assaulted chocolatier Lucas Story in Inverness on the morning of 19 December 2023. Mr Story, who was repeatedly punched, required days of treatment in intensive care and has not been able to return to his job. A sheriff told Ross and Bell: "This was a disgusting and brutal attack and I can mark the public's disapproval by keeping you off the streets."
Woman suing Scots charity was 'fired for being hostile'
A 49-year-old French woman who is suing the Edinburgh charity Earth in Common for racial and ethnic discrimination was dismissed from her job due to "hostility" and "uncooperative" behaviour, her former boss has said. Lydia Magloire alleges she was unfairly treated because of her nationality and language skills. Evie Murray, CEO and founder of Earth in Common, said that Ms Magloire's performance issues and a problematic holiday leave request contributed to the decision to terminate her employment.
TAX
HMRC late payment interest hits £400m
HMRC has claimed £409m in late payment interest from taxpayers, with this triple the £131.9m it pulled in from interest charges in 2021. Amid concern over the impact of frozen tax thresholds and shrinking tax-free allowances, Laura Suter of AJ Bell said: “We've seen a rise in taxpayers missing payments because they simply can't afford it. More people will be forced into self-assessment, and these punishing penalties will hit them hard.”
WESTMINSTER
Jenrick: Reynolds should be prosecuted for solicitor claims
The Tories are calling for Business Secretary Jonathan Reynolds to be prosecuted for allegedly misrepresenting himself as a solicitor. Shadow Justice Secretary Robert Jenrick, a qualified solicitor, has urged the Solicitors Regulation Authority (SRA) to take action, stating: "Reynolds doesn't have a leg to stand on." The SRA previously instructed Mr Reynolds to amend his LinkedIn profile, which inaccurately described him as a solicitor despite his status as a trainee at Addleshaw Goddard.
INTERNATIONAL
Birkenstock sandals not art, rules German court
A German court has ruled that Birkenstock sandals do not qualify as works of art. The company had argued its footwear could be classified as art and so was protected by copyright laws in a case it put forward to stop rivals selling copycat versions. But a judge dismissed the claim, saying the shoes were practical design items.
 


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