Legal Matters Scotland
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25th February 2025

A free early morning round up of news for legal professionals across Scotland.
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COURTS
Police call for night courts to clear backlog
The Scottish Police Federation has proposed the introduction of 'night courts' to address the significant backlog in Scotland's criminal justice system, which currently has nearly 22,000 scheduled trials. David Kennedy, general secretary of the federation, said: "Policing and criminality is 24/7, yet we've got a court system that does a 9-5. The maths of that don't add up." However, the Law Society of Scotland cautioned that the proposal is unrealistic, noting that Scottish criminal courts already operate outside standard business hours. They emphasised that the backlog is primarily due to a shortage of criminal solicitors and other personnel, rather than court hours. Justice Secretary Angela Constance highlighted that the number of outstanding trials has decreased by over 50% since January 2022, with ongoing efforts to support justice partners in managing the backlog.


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MEDIA
Media not banned from naming child murder victims
The Scottish Government has decided against implementing legislation that would grant automatic anonymity to child murder victims, following a public consultation. Proposed changes included options for automatic anonymity with potential waivers, but concerns were raised about the impact on open justice and freedom of expression. Media organisations and legal experts argued that such restrictions could hinder transparent reporting and impede public understanding of criminal cases. Additionally, there were fears that enforcing anonymity could lead to legal complexities, especially in cases where family members held differing views on publicity. Ultimately, the government concluded that no legislative changes would be made.


 
THE LAW
Act makes UK an arbitration hub
The Arbitration Act, which aims to enhance the UK's position in modern dispute resolution and attract international business, has received Royal Assent. The legislation follows recommendations from the Law Commission and is expected to clarify legal uncertainties, empower arbitrators, and streamline court processes. Courts and Legal Services minister Sarah Sackman KC has highlighted the Act's potential to simplify arbitration procedures, reduce costs, and protect arbitrators from unwarranted lawsuits, adding that it “consolidates our place as the jurisdiction of choice for resolving disputes without going to court.” Cristen Bauer from the Chartered Institute of Arbitrators says that the law will bolster London’s status as a leading arbitration hub. The Ministry of Justice noted that arbitration saves firms significant legal expenses. Data shows that over 5,000 arbitrations occurring annually in England and Wales, contributing approximately £2.5bn to the economy through fees alone. 
INDUSTRY
Scotland welcomes new solicitors
The Law Society of Scotland is today celebrating the induction of over 150 new solicitors during a double admissions ceremony at the historic Signet Library in Edinburgh. President of the Law Society Susan Murray expressed pride in welcoming these new members, stating: "The badge you wear as a Scottish solicitor can and will take you far."
POLICING
New orders could put dog handlers at legal risk
Police dog handlers in Scotland are facing potential legal issues due to new directives from their superiors, which require them to use personal vehicles instead of specialised dog vans for transporting police dogs. Brian Jones, vice chairman of the Scottish Police Federation, expressed concerns that this could lead to violations of vehicle weight laws and invalidate insurance in case of accidents. The new policy raises significant safety concerns, as private cars lack the necessary sound-proofing and safety features to protect both the handlers and the dogs during transport.
Perception of police negatively shaped by events in England
Public perception of the police in Scotland is changing due to public outrage over crimes committed by officers in England. David Kennedy, the leader of the Scottish Police Federation, cited the cases of Wayne Couzens and David Carrick as examples of issues stemming from forces south of the border. Kennedy added that comments by former chief constable Iain Livingston that Police Scotland is institutionally racist and sexist had also a negative impact on how the public views police.

 
STV
CASES
Professor wins £1m for unfair dismissal
Professor Roya Sheikholeslami has been awarded over £1m in compensation after a decade-long legal battle with the University of Edinburgh. An employment tribunal found that she was unfairly dismissed, as the university failed to follow proper procedures or consider reasonable alternatives before terminating her employment. The tribunal also determined that Sheikholeslami faced victimisation for raising concerns about sex discrimination within the institution. The compensation includes amounts for past and future economic losses, interest on past losses, and an Acas procedural uplift.
Couple ordered to return ‘priceless’ bells to historic church
A couple who removed 12th-century bells from Holywood Church in Dumfriesshire, fearing they could be stolen, have been ordered to reinstall them. Mark and Rachel Huitson-Bonde, who bought the B-listed church in 2019, initially stored the bells inside before moving them to a secure vault due to concerns over vandalism. Despite claiming the bells had enormous value and required protection, Dumfries and Galloway Council ruled they must be returned. The couple appealed to the Scottish government, but the decision to restore the bells to the church was upheld.
FIRMS
Scullion LAW's Stephanie Grieve shortlisted for military award
Scullion LAW senior solicitor Stephanie Grieve has been shortlisted for the Military Values in Business Award at the Scottish Forces in Business Awards 2025. The awards ceremony will be held on 26 February in Glasgow, celebrating the achievements of veterans and Forces Friendly employers.
OTHER
Inside the criminal justice system
Joanna Hardy-Susskind, a prominent junior defence barrister, is hosting a ten-part series on BBC Radio 4 titled You Do Not Have to Say Anything. The show aims to provide an authentic glimpse into the criminal justice system, covering everything from initial allegations to courtroom dynamics. The series airs live from Monday to Friday at 1:45pm, with episodes available on BBC Sounds for catch-up.
 


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