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17th January 2025

A free early morning round up of news for legal professionals across Scotland.
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CASES
Council wins appeal on LEZ fines by post
The Inner House of the Court of Session has ruled in favour of Glasgow City Council in an appeal over the use of untracked post to notify motorists of low emission zone (LEZ) penalties. The Transport Appeal Tribunal for Scotland had previously ruled that only penalty charge notices (PCNs) sent by recorded or registered post were enforceable, overturning 38 fines, and potentially threatening the reversal of more than £1.2m in fines. However, Lord Pentland, delivering the opinion, said that in "cases where it is undisputed that the purpose of serving the PCN has in fact been fulfilled, there seems no reason to suppose that Parliament would nonetheless have intended the PCN to be unenforceable, essentially on the basis of a technicality".
Sean Brown murder: Government fights public inquiry ruling
The UK Government is contesting a High Court ruling that mandated a public inquiry into the 1997 murder of Sean Brown, a senior Gaelic games official. During the Court of Appeal proceedings, barrister Tony McGleenan KC argued that the judge overstepped by ordering the inquiry, saying: “There's not a single example anyone will show you of a court doing that.” Brown was killed by loyalist paramilitaries, and no one has been convicted for his murder. The Government, represented by McGleenan, contends that the case should be handled by the Independent Commission for Reconciliation and Information Recovery (ICRIR), which is currently under scrutiny for its compliance with human rights laws.
Dundee thief caught out by DNA on tyre iron
A thief has been sentenced to 10 months in prison after his DNA linked him to a break-in at Babujee restaurant in Dundee. Christopher Sinclair, 36, broke into the restaurant on April 23, stealing £80 in cash, a Samsung tablet, and two bottles of gin, totalling £420. Sinclair's DNA was found on a tyre iron at the scene. He also admitted to a separate theft from a car.


 
INDUSTRY
Bar Council bans AI in pupillage
The Bar Council has prohibited the use of generative AI, including ChatGPT, in pupillage applications. Applicants must confirm that their submissions are original and not generated by AI tools. The notice states, “any application which has been written with the use of any generative AI LLMs like ChatGPT... will be excluded from the shortlisting process.” This contrasts with some firms like A&O Shearman and Shoosmiths, which encourage the use of AI to enhance applications while emphasising the importance of personal integrity and original thought. A recent poll indicated that 20% of students have already used AI for job applications, with up to 40% of lawyers leveraging AI for productivity.
Brother blames justice system for sister's death at young offenders unit
The brother of a young woman who took her own life while in a young offenders prison has blamed the justice system for her death. Katie Allan, 21, was serving a 16-month sentence at Polmont Young Offenders Institution for drink driving at the time of her death. Her brother, Scott, now the same age Katie was when she died, has strongly criticised the justice system, stating that it "killed" her. Speaking to BBC Scotland, Scott described his sister as vulnerable and abandoned by a system that was supposed to protect her. Katie's case is one of three deaths in custody at Polmont currently being investigated through fatal accident inquiries. The inquiry into her death, along with that of 16-year-old William Brown, is set to release findings today.
Private equity money flows into UK’s consumer law firms
Private equity investment into the UK legal sector hit an estimated £534m in 2024, as buyout funds sought to consolidate fragmented markets for divorce, personal injury and conveyancing solicitors.


 
THE LAW
UK's crackdown on climate protests condemned
Yasmine Ahmed, UK director of Human Rights Watch, has denounced the UK Government's crackdown on climate protests, labelling it a "dangerous hypocrisy." In the latest annual world report, HRW highlights that new laws criminalising protests undermine democratic rights. Ahmed said: “We're at a stage where we're talking about the … dangerous hypocrisy of what the UK Government is saying and doing.” The Police, Crime, Sentencing and Courts Act 2022 and the Public Order Act 2023 have expanded police powers, making participation in climate activism riskier. In 2024, 34 activists were jailed, including five Just Stop Oil supporters who received lengthy sentences for non-violent protest actions. Ahmed warns that the UK is setting a troubling precedent while claiming to uphold human rights and environmental commitments.
EMPLOYMENT
Teachers and solicitors in high demand
Recent data from employment site Indeed reveals a significant increase in job advertisements, particularly for teachers, whose roles have surged by 245%, with an average salary of £39,356. This trend is attributed to a retention crisis and limited hybrid work options. Additionally, there has been a 100% rise in job postings for property solicitors and commercial directors, with average salaries nearing £53k and £82k, respectively. The report highlights the growing demand for skilled professionals in various sectors.
OTHER
UK-wide pandemic exercise to take place this year
Pat McFadden, the UK Government's minister for intergovernmental relations, has announced plans for a UK-wide multi-day pandemic preparedness exercise later this year. The test, likely to take place in the autumn, will involve Government officials, local authorities and emergency services, and comes following initial recommendations from UK COVID-19 Inquiry chair Baroness Hallett, who warned that the UK was "ill-prepared" for the COVID-19 pandemic. Mr McFadden said the country "must learn lessons from the Covid pandemic, as we cannot afford to make the same mistakes again". Meanwhile, Deputy First Minister Kate Forbes has said that a ministerial oversight group that will work to develop protocols for a future pandemic will meet "in the coming weeks", co-chaired by Health Secretary Shona Robison and Justice Secretary Angela Constance.
Hogg should lose MBE, says Flynn
Stuart Hogg, the former Scotland rugby union captain, is facing calls to be stripped of his MBE after admitting to abusing his estranged wife. The demand was made by Stephen Flynn MP, the SNP Westminster leader, during business questions in the House of Commons. Lucy Powell, the leader of the House, agreed, emphasising that such abuse should not be honoured.
 


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