Legal Matters Scotland
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27th June 2025

A free early morning round up of news for legal professionals across Scotland.
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SENTENCING
Prisoners to serve less time
The Scottish National Party (SNP) has introduced a controversial change allowing violent prisoners to be eligible for home detention curfews (HDCs) after serving just 15% of their sentence. Previously, those serving four years or less had to serve at least 25% before being considered for release. Scottish Conservative justice spokesman Liam Kerr condemned the move, stating: "It's outrageous that inmates will now be eligible for release... It makes a mockery of the justice system." The changes, effective from October 20, were passed with minimal debate and have drawn criticism for potentially undermining public safety and the justice system. Justice Secretary Angela Constance defended HDCs as a "well-established part of our justice system," emphasising that decisions are made with careful consideration.


 
CRIME
Urgent call to tackle youth violence
Susan Aitken, the leader of Glasgow City Council, has expressed deep concern over the rising youth violence in Scotland, particularly following the tragic deaths of three teenagers, including Kory McCrimmon, who was fatally attacked in Greenfield Park. Aitken described these incidents as "a warning sign" during an emergency council meeting. The Parents Against Knives campaign, led by Kory's grieving parents, has called for immediate action, stating: "Enough is enough." The council is now exploring new strategies to combat this issue, emphasising the need for community participation. SNP councillor Laura Doherty highlighted the complex nature of youth violence, exacerbated by the pandemic's impact on young people's development. The Scottish Government has recently allocated £82,000 to the Violence Reduction Unit in response to these concerns.



 
SOLICITOR VACANCY


 
INDUSTRY
Private equity eyes legal market
Private equity firms are increasingly interested in the legal sector, with the value of the sector projected to reach £51.9bn this year. Axel Koelsch, COO of Lawfront, said: "Law firm investment is one of the hottest topics in private equity right now." Recent acquisitions include Trethowans by Lawfront and LDC's investment in Harper James. The legal market, being more fragmented than accountancy, presents a significant investment opportunity. However, challenges such as recruitment issues and prolonged client payment times persist. Despite these hurdles, firms demonstrating strong financial growth are appealing to private equity.
TAX
Revaluation of council tax bands required
The Scottish Government has declared a revaluation of council tax bands as "absolutely needed" and is currently developing plans. The actual council tax bands are based on property values of 1991, when the average house price was about a quarter of its current level. The Scottish Government has held ongoing talks with local government body Cosla, but revaluation has been seen as too politically painful to impose. The Government believes any suggestion of a revaluation could only proceed if a broad political consensus in favour existed. Any changes to council tax must also be informed by robust evidence and wide public consultation. The revaluation has been an SNP ambition, and the Government has held talks with local government body Cosla. The Government aims to get a political consensus at Holyrood before proceeding with the revaluation.
Stirling Council seeks public input on tourist tax
Stirling Council has proposed a 5% levy, termed a 'tourist tax', on overnight stays in paid visitor accommodation, set to be discussed in a public consultation starting next month. The initiative, enabled by the Visitor Levy (Scotland) Act 2024, aims to enhance local tourism while distributing benefits more evenly across the region. Cllr Gerry McGarvey said: "This draft scheme is about reinvesting in what makes Stirling special." The council's initial engagement revealed 57% support from residents and 75% from community groups for the proposed tax. However, UK Hospitality Scotland has expressed concerns about potential negative impacts on tourism and has called for a detailed economic assessment before proceeding. If approved, the tax could generate £7.5m, with implementation planned for June 1, 2027.
CASES
Football heading faces legal scrutiny
The High Court has been informed that there is no "safe number of times" a footballer can head the ball, as part of a legal claim by 33 former players and their families over brain injuries sustained during their careers. Susan Rodway KC, representing the claimants, stated: "The way the case is now formed, we are saying there is no safe number of times a player can head the ball." The claimants, including the family of 1966 World Cup winner Nobby Stiles, argue that heading should have been banned from matches and training since the 1960s due to the risks of permanent brain injury. Martin Porter KC, representing the FA, acknowledged that the claimants allege heading is an "unnecessary" part of the game. Currently, 90 additional male players are pursuing similar claims.
Prestwick Airport pleads guilty to safety breaches
Glasgow Prestwick Airport Ltd has admitted to safety failures that resulted in the death of Joseph Dempsey, a 59-year-old ground handling operative, on January 11, 2023. The airport pleaded guilty to breaching The Provision and Use of Work Equipment Regulations 1998, acknowledging that they failed to maintain work equipment in a safe condition. Dempsey fell approximately 10 feet from a loading platform after a guardrail he was attempting to adjust gave way. A subsequent investigation by the Health and Safety Executive revealed significant corrosion and maintenance failures on the loading platform.
Crooks jailed for £550,000 scam
Brian Docherty, 49, and Declan Kearney, 33, have been sentenced to a total of four years in prison for their involvement in a £550,000 identity fraud scheme. The pair created fake companies using the identities of real individuals, including retired detective sergeant Thomas Rodgers and solicitor Andrew Biggart, to hire expensive cars and acquire goods. Docherty pleaded guilty to fraud charges amounting to £303,500, while Kearney admitted to £247,500 in fraud.
Inverness court hears murder case
Two women, Erin Birse, 23, and Gemma Robertson, 39, have been charged with attempted murder following an incident in Inverness. They appeared in Inverness Sheriff Court, facing a total of eight charges, including assault to severe injury and robbery allegations. Robertson, who turns 40 tomorrow, faces an additional charge of drug possession. Neither woman entered a plea and both were remanded in custody, with their next court appearance scheduled within eight days. Police Scotland stated that the charges relate to the attempted murder of a 35-year-old man and multiple robbery reports in the Raigmore area.
WORKFORCE
Tram staff endure daily harassment
Staff working on Edinburgh's trams are facing alarming levels of anti-social behaviour, with 210 incidents reported in the past year, according to Steven Maison, chair of the Edinburgh Trams Unite branch. He said: "The sad truth is even staffing trams and stops with police officers won't deter people who are determined to make your day worse." In response, Labour councillor Stephen Jenkinson proposed a motion for the council to explore interventions to enhance staff safety, which was unanimously approved. The motion calls for a report by December detailing measures to address the issue and evaluate current strategies. Concerns were raised about the unique challenges tram staff face compared to bus drivers, as they lack protective screens. The report highlights that only 1-2% of reported incidents lead to prosecution, raising significant safety concerns for both staff and passengers.
ENVIRONMENT
Tories demand urgent seagull summit
Scottish MSP Rachael Hamilton has called for a nationwide summit to address the growing issue of aggressive seagulls, warning that people are being left "scared, attacked and traumatised." Douglas Ross, the Scottish Conservative MSP, echoed these concerns, stating it is only a matter of time "before we see someone killed due to being attacked by a gull." Reports from Moray highlight incidents of people being dive-bombed, with one elderly woman suffering a broken leg. Ross criticised NatureScot for its "bizarre" advice to use umbrellas and dogs as deterrents, arguing that the organisation has "lost the plot."
TECHNOLOGY
Teachers given guidance over AI-generated abuse material
The National Crime Agency (NCA) and the Internet Watch Foundation (IWF) have issued guidelines to 38,000 teachers in the UK to address the rise in AI-generated child sexual abuse material (CSAM). The guidelines highlight that young people may not realise the illegality of creating such content.The IWF reported a 380% increase in AI-generated CSAM reports in 2024 compared to 2023.  A survey revealed that over a quarter of teachers were unaware that AI-generated CSAM is illegal. 
COMPENSATION
Tragic misdiagnosis costs grandfather dearly
Steve Barton, a 68-year-old grandfather from Alloa, Clackmannanshire, faced a life-altering situation after his GP practice failed to diagnose throat cancer. Despite his repeated complaints about breathing and swallowing issues, the practice dismissed his concerns as reflux and sinus problems. It was only after five months and a private consultation that a tumour was discovered on his larynx, leading to surgery and a permanent prosthetic voice box. The insurers for Tor Medical Group have admitted liability, and compensation is pending. Izabela Wosiak from Irwin Mitchell noted that while liability is acknowledged, the case remains ongoing.
FIRMS
Yvonne Fleming climbs the ranks at Scullion Law
Yvonne Fleming has been promoted to Client Care Supervisor at Scullion Law, marking a significant milestone in her seven-year career with the firm. Starting as a receptionist, Yvonne has become integral to the Client Care Team, which is vital to the firm's mission of providing compassionate legal support. Charmaine Trainor, Head of Sales, praised Yvonne, stating: "Massive heartfelt congratulations, Yvonne! She's one of the most driven, kind, and client-focused people I've ever worked with."
AND FINALLY...
Sheridan's social work application rejected legally
Tommy Sheridan has lost his legal attempt to overturn Glasgow City Health and Social Care Partnership's decision to deny him a social work position. The court ruled that employing him would pose an "unacceptable level of risk" due to his 2011 conviction for perjury. Despite being assessed as suitable by the Scottish Social Services Council, the council maintained its stance, leading to the dismissal of Sheridan's petition.
 


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