An article in the Times Educational Supplement reports that a court in Germany has ruled that schoolchildren may rate their teachers online.

The Court rejected the case of a woman who argued that her pupils had infringed her rights by giving her poor grades on the popular site spickmich.de. The German Federal Court of Justice found that pupils had the right to offer their opinions so long as their teachers were not hindered professionally.

Similar controversy (though, to my knowledge, no litigation) has followed sites such as RateMyTeachers in the UK with teachers complaining about unfavourable comments from pupils.

To my mind (outside the ordinary laws of defamation) there is absolutely no reason why teachers should not be subject to pupil evaluation on the web. After all, pupils' views are now sought as an integral part of HMIe school inspection reports - which are reported online too.

Maybe it's time for a RateMyLawyer website? Or is that why we have Chambers and Legal 500?

Labels: Children, Defamation, Education Law, News, Privacy

From the good offices of NO2ID, the following.

"The ID scheme has not been shelved, cancelled, or even significantly changed.

"Once more government spin has triumphed and much of the media has got it wrong. The new Home Secretary Alan Johnson has not made any significant changes to the scheme. Compulsion by stealth is still the order of the day, just as it always was. Someone joining the ID scheme "voluntarily" will still be placing control of their identity in the hands of the IPS for life.

"The Home Office line remains the same. No compulsion (as the Home Office defines it) was going to be applied until almost everyone had "volunteered" and then it was only a matter of rounding up a minority of resisters and marginalised people.

"The Home Office's idea of "voluntary" is not the same as yours and mine. Since 2004 the scheme was (and it still is) to proceed by "designating" one-by-one under the Identity Cards Act 2006 other documents issued by official bodies -- in the first place passports.

" Once a document has been designated, you won't be able to apply for one without also applying to be entered, for life, on the national identity register. If you don't agree to be registered it won't be that you are refused (say) a passport; you'd have voluntarily decided not to apply. There's no compulsion to have a passport. It is useful for travelling. But you aren't compelled to travel.

"Or (say) to drive. Or to work as a security guard. Or with children. Or in healthcare. To get parole from prison. To practice as a lawyer. ... Any official licence, registration certificate or permit can be designated, and -- in the home office's skewed logic -- handing control of your identity to the Home Office's Identity and Passport Service will still be entirely voluntary.

"That they were due for a confrontation with the airside worker's unions over designating new passes at Manchester and City Airports is an illustration of just how voluntary "voluntary" really is. But the fact they have now ducked that fight for political convenience suggests saying no does work - if you say it loudly enough."

"It is still not too late for MPs to derail the scheme by repudiating the regulations due to be debated next week and detailed in the last newsletter. Only one of those statutory instruments has been dropped. If you have not done so already, please contact your MP: www.writetothem.com.

"(NO2ID's lobbying guide, written for us by the former assistant of a very distinguished retired minister, is brusque but absolutely to the point: http://www.no2id.net/downloads/print/NO2ID-HowtoLobby.pdf).

"Peers will also have a vote on this; so if you happen to know one (or be one), then it would be a good idea to alert friends in the Lords now that the matter is soon to come up."

Since when can you make one right (to privacy from the State) dependent on surrendering another (the write to travel freely) and still call it a voluntary scheme.

No to ID.

Posted on Absolvitor: Scots Law Online.

Labels: News, Privacy

More Primary School Maths, I'm afraid. I was also on Breakfast TV this morning with this (tho' I missed it and can't find on iPlayer or anything).

Posted on Absolvitor: Scots Law Online.

Labels: Children, Education Law, News

News reaches us that an Edinburgh solicitor has been accused of dealing drugs from the law firm where he worked as a partner.

According to the BBC News website, he is alleged to have supplied cocaine to four men from the offices of Allan McDougall Solicitors in Dalkeith in January 2009. One of the men later died of a suspected overdose. He denies charges of possessing and supplying class A drugs, has been bailed and is due to stand trial in December.

So, does the legal profession have a drugs problem? I conducted my own deeply unscientific survey of the BBC News site and came up with the following:

• A solicitor in Nottingham convicted of smuggling £15 of cannabis in her bra to a client in custody (2007) She got 15 months in jail.
• A London solicitor convicted of fraud and attempting to pervert the course of justice by inter alia providing false alibis to drug gang members (2007) He got 14.5 years in jail.
• A Glasgow solicitor convicted of supplying heroin and diazepam to a client in Barlinnie Prison (2006) She got 2 years 8 months in jail.
• A senior defence solicitor convicted of attempting to pervert the course of justice by concocting lies for a man (actually a BBC researcher in a sting op) caught in possession of cocaine (2006) He was sentenced to 3 years in jail.

I follow this with an article from The Times which suggests that drug use in legal circles is "absolutely endemic" and the link to LawCare - an advisory and support service to help lawyers, their staff and their immediate families to deal with health problems such as depression and addiction, and related emotional difficulties.

Posted on Absolvitor: Scots Law Online.

Labels: criminal law, Edinburgh, News

It has been reported in The Herald that an award of expenses has been made directly against the Scottish Legal Aid Board in a matrimonial case.

The paper reports "Solicitors acting for William Bohannon repeatedly raised problems in the action against him with the board and asked, without success, that legal aid granted to Carol Young be suspended. Mr Bohannon, 62, successfully defended two actions but was left with lawyers' bills of more than £33,500 and possible bankruptcy."

Lord Brodie, in the Court of Session, decided to grant expenses against the Board after concluding that that Mr Bohannon would suffer financial hardship if an order was not made. He is also reported as noting "The board has not chosen to defend its conduct in the matter."

Ah, SLAB ... "provid[ing] access to justice for those eligible and in need of it, in a cost-effective manner."

Posted on Absolvitor: Scots law online.

Labels: News

The Scottish Parliament has been asked to support a campaign to clear the name of Captain Kidd, who was hanged for piracy over three hundred years ago.

But - wouldn't we be sending out a message to the world that Scotland was soft on pirates?

Labels: News, Piracy, Scottish Parliament

Spot the Govan Law Centre in this news clip on class sizes.

Labels: Edinburgh, Education Law, Law Centres, News

I am up far too late as my good friend T. plied me with too much caffiene-filled cola drink after 8pm - which means I can't sleep (a bit like the Mogwai in Gremlins - sort of).

So, I will bring you news of a legal defeat for the Scotch Whisky Association in the Canadian courts. The Canuck judiciary have ruled that Canada's only single malt "Glen Breton Rare" is not confusing for consumers. The SWA contended that the use of the word "Glen" might fool people into thinking that it was a Scotch whisky and not a Canadian one.

However, the Canadian Federal Court held that, being from Glenville, they could legitimately use the title - which was not likely to confuse punters (until they had drunk at least four or five measures at any rate). Leave to appeal has been refused and the SWA, in an official press release, report themselves to be "disappointed".

Posted on Absolvitor: Scots Law Online while listening to La Mer by Charles Trénet.

Labels: IP, News

Patrick Harvie MSP's Bill was unanimously passed by the Scottish Parliament today. So perfectly drafted was the Offences (Aggravation by Prejudice) (Scotland) Bill that it was not amended at all during its passage through Parliament.

Surely, this type of legislation requires at least one MSP to yell "Thought Crime!" - maybe they did and were outvoted? At any rate, it will be law soon and any offences motivated (in part or in whole) by the victim's sexual orientation or disability will be punished with extra severity. And who could argue with that?

I suppose one of the problems with this kind of provision is that people start to feel left out. There are now aggravations in relation to race, sexual orientation, disability and religion. Now, what about gender? Or age? Or social class? Shouldn't we be stamping out these hate crimes too? And if the list is too long then all offences end up being aggravated and, therefore, none of them are. To quote W.S. Gilbert from The Gondoliers "When everybody's somebody - then no-one's anybody."

Posted on Absolvitor: Scots Law Online.

Labels: criminal law, Discrimination, News, Scottish Parliament

The Herald reports on plans afoot to introduce a "no fault" compensation scheme in the NHS for those injured at the hands of its doctors. This would avoid the need for complex negligence claims.

It would, it is said, be similar to the current system for criminal injuries compensation.

What is not immediately apparent to be is why those injured by the health service would be fast tracked for compensation, but there are no similar plans for injury or damaged caused by other public services like social work, education, nationalised banks or watching too many episodes of tronji on the BBC.

Posted on Absolvitor: Scots Law Online.

Labels: News, Scottish Government

From the website of the Scottish Government, I learn that a pilot project to provide parents with improved access to information about known sex offenders who may be in contact with their children will be trialled in Tayside from September 2009 until the end of May 2010.

Under the scheme, members of the public within the pilot area will be able to register a child-protection interest in a named individual who has unsupervised access to their child or children.

Police will be alerted to concerns, with a presumption that they will inform the parent, carer or guardian if the named person has convictions for sex offences. If the child is found to be at serious risk of harm then child protection measures will also be instigated.

Justice Secretary Kenny MacAskill is quoted as saying: "I'm pleased to confirm that Tayside will be the area for the sex offender disclosure pilot and that we are now liaising with all the criminal justice partners in the region as they prepare for implementation."

"While we must all rightly be alert to stranger danger, most sexual offences against children are committed by individuals known to the child's family - adults who abuse a position of trust with that child. This project provides another link which will assist in identifying vulnerable children and families who are unknown to police and care agencies to ensure that correct help and advice are provided."

It will be interesting to see by what criteria the pilot will be judged, what counts as a "child-protection interest" (can you check up on your next door neighbours? the local shopkeeper? members of your own family?), and what will happen post-disclosure? Should we be stocking up on torches and pitchforks?

Labels: Children, criminal law, News, Privacy, Scottish Government

Bingo blog Unlucky for Some reports that the future of land based bingo clubs in Scotland are now at serious risk. Bingo players throughout Scotland are said to be very concerned with the present situation after the UK Government "in their infinite wisdom" raised the tax duty on land based bingo from 15% (Young and Keen) to 22% (Two Little Ducks) across the board. However, other gaming sectors like sports betting and casinos only have to pay 15% tax.

Stewart Hosie MP is quoted as saying, "This tax hike on bingo which is a highly popular social activity, when duty on other forms of gambling including sports betting, casino and online poker and football pools will remain at 15% is unfair. In scores of communities across Scotland, the bingo club is a vital part of the social fabric. It offers good quality, safe entertainment and social facilities providing fun, enjoyment and friendship for many people, particularly women. This Westminster tax-hike in the midst of the deepest recession for more than 60 (Six-O Blind Sixty) years will affect many in my constituency and across Scotland."

Posted on Absolvitor: Scots Law Online.

Labels: News

A NHS Nurse with over 40-years experience has been sacked after he suggested two "patients" might go to Church to relieve stress during a role play session on a training course.

Committed Christian, Anand Rao, aged 71, was taking part in simulated situations as part of an exercise in palliative care. He advised two persons playing the roles of husband and wife patients they might like to try going to church to relieve stress. He was then sacked.

Mr. Rao has recently instructed the Christian Legal Centre to advise him and is considering taking legal action for religious discrimination against his former employer.

Okay, two things. First, there are a number of clinical studies which indicate that church attendance does, indeed, have positive health benefits - here is one example: "Keeping the faith: UC Berkeley researcher links weekly church attendance to longer, healthier life". So his advice had a sound clinical basis. Second, the advice was given on a training course to fictional characters. What kind of training course dismisses those who get the "wrong" answers anyway - was it designed by Endemol?

Posted on Absolvitor: Scots Law Online.

Labels: Discrimination, Employment Law, News

Brendan MacFarlane is an 11 year boy from Perth who sings Ray Charles songs on YouTube. He's also taking his mother to court, in order to follow the well trodden path to reality show stardom.

Brendan has a spot on US TV show "Maury's Most Talented Kids". Brendan lives with his Dad, but his passport lives with his Mum. And, of course Brendan needs his passport to attend filming of the talent show in New York. Hence the court action.

Apparently, the BBC have reported that Brendan's mother failed to appear in court due to an "upset stomach" - and it will be heard again next month.

Labels: Children, News

In this poast (sic), I just wanted to bring you up to date with my latest court outing, which just so happened to be an exciting, adventurous and - above all - victorious jolly to the Sheriff-Principal in Glasgow and Strathkelvin (my first). Extra gratifying as little ol' me from Govan Law Centre was up against the might of counsel.

It was a disability discrimination case (against an independent school) and the decision says some interesting things to say about where the onus lies in terms of the reasonable steps duty (largely with the school, as it turns out). It also confirms that a failure to take reasonable steps might lead to an exclusion being overturned - even if the decision to exclude does not amount to less favourable treatment.

You can read the full judgement here: ES. v. K. School. And you can post your congratulations in the comments box below! ;o)

Posted on Absolvitor: Scots Law Online.

Labels: Children, Discrimination, Education Law, Glasgow, Law Centres, News

Just a quick note to mark the completion this week of Stage 2 of the Education (Additional Support for Learning) (Scotland) Bill. I will probably be writing a full article for the Journal of the Law Society of Scotland once Stage 3 is done and dusted, so keep your eyes peeled for that.

The Bill has changed so much from its introduction to now, who knows what it will look like once it has completed its passge through Parliament?

Labels: Education Law, News, Scottish Parliament

If there really are 8 Jedi in Strathclyde Police, how come the crime detection and clean up rates are so low?

Also, since it is now apparently fine to declare a fictional religion to your employer, is it also okay to declare fictional racial groups too? Who's up for declaring themselves as Elvish in the next Census?

Posted on Absolvitor: Scots Law Online.

Labels: criminal law, Glasgow, Just for Fun, News

At last! News reaches me from the ever faithful BBC News website that the French have captured some pirates. Rather than meekly handing over millions of dollars in ransom, the French warship "Nivôse" (part of an EU piracy patrol) captured 11 pirates off the coast of Kenya, just hours after a failed attack on a US ship.

NB. Although the report is not clear, I assume that it was the pirates and not the French warship which attacked the US vessel!

Following hard on the heels of that report came another, revealing that US Secretary of State Hillary Clinton has unveiled a four-point plan to tackle piracy in the Gulf of Aden. Disappointingly, this plan does not involve the use of cannon, cutlasses or privateers. As Mrs. Clinton says: "We may be dealing with a 17th-Century crime, but we need to bring 21st Century assets to bear." Not so much "Shiver me timbers!" as "Frozen me assets!"?

Apparently the question of criminal jurisdiction for crimes of piracy is somewhat vexed. While we all know what to do with a drunked sailor. It would appear that it is not always clear what to do with a captured pirate. For example, last September a Danish ship detained 10 armed pirates in the seas off Somalia after they had attacked merchant ships. However, Denmark only has national criminal jurisdiction if the pirates are attacking a Danish ship or Danish citizens. So they couldn't be brought to Denmark for prosecution. Eventually, the pirates were set free and landed in a safe place on the shore of Somalia.

Of course part of the problem is that piracy is so profitable that the small risk of getting caught or injured is outweighed by the near certainty that the corporate owners of the hijacked ship will shell out a hefty ransom. Did you know that paying a ransom is not illegal under British law, unless it's to terrorists. Fact. Also that there are lawyers in London whose job it is to negotiate the amount and means of delivery of a ransom with pirates. According to Stephen Askins of Ince & Co. it's a lot like negotiating with an Egyptian market trader over the price of a carpet! I suppose it is, except that the market trader is unlikely to set fire to the carpet if you don't cough up enough piaster. But Ince & Co. would know - after all how many law firms have felt the need to publish a guide called Piracy - issues arising from the use of armed guards?

In an effort to crack down on the pirates the US and the EU have both concluded deals with Somalia's neighbour Kenya to send pirates for prosecution there. However there are concerns with this approach. Human Rights Watch says there are problems in Kenya: "People are routinely beaten in jail. Trials are rarely free and fair. Judges are highly susceptible to corruption."

Still, it's got to be better that the traditional punishment for piracy, which I believe involved a long drop and a short rope.

PS. There's a prize of three (virtual) Doubloons to the first person to spot where the pirates who fly the jolly roger flag I designed (top right) come from. And another three to the scurvy dog who can identify the source of the quote which forms the title to this article.

PPS. I've now got all of the pirate related silliness out of my system. I promise, just serious pirate news from now on (in the main).

Posted on Absolvitor: Scots Law Online.

Labels: News, Piracy

One in the eye for all those who claim that Britain is turning into a USA-style "compensation culture", from the Evening Times of all places.

Michelle Orchard had sued a 13 year old boy who injured her whilst playing tag. She was in hospital for six weeks with her injuries. However, the Court of Appeal ruled that she was not entitled to compensation from the boy. Lord Justice Waller is quoted as saying: "Thirteen-year-old boys will be 13-year-old boys who will play tag."

Interesting that she chose to sue a 13 year old. What was she planning to do? Recover the award in installments from his pocket money or paper round wages?

In writing up the case for the law reports, I'd suggest the following as a rubic: "Accidents happen."

Posted on Absolvitor: Scots Law Online

Labels: Children, Health and Safety, News

The Torygraph is venting its spleen about "political correctness gone mad" in Scotland's police forces, following the publication of a new diversity handbook for officers.

What is this paper's problem? The book seems to be full of useful advice like don't handcuff people who can only communicate by sign language if you can avoid it and don't use offensive terms like "deaf and dumb". I was doing some training for clerks to appeal committees who were asking about where they could get information like this for their committee members.

Use of language is important and taking the time to make sure you are not being needlessly offensive would seem to me to be time well spent. It might even instill just a little bit of much needed public confidence in the police force.

Ridiculously, the article veers between objecting to being told what to say and not say; and asserting that it's all so obvious that any police officer would know it all anyway! And, as usual, some rent-a-quote from the Taxpayers Alliance dives in to condemn the cost to the public purse.

And what was that cost? The astronomical sum of £4,500. For every police officer in Scotland? They should get a bloody award - that's amazingly cheap (and probably less than it cost the Taxpayers Alliance to get their press release out).

Who reads this drivel?

Posted on Absolvitor: Scots Law Online.

Labels: Discrimination, News

From today's Herald letters page:

Judith Gillespie is right to be concerned about commercial sponsorship in schools ("Watchdog embraces business cash for schools", The Herald, March 19). The legal duty on schools is to provide an education which is directed to "the development of the personality, talents and mental and physical abilities of the child or young person to their fullest potential", not one which is directed to the development of a company's brand image or profit margins.

Consumer Focus Scotland (CFS) also recently published a guide to education law for parents which includes the following advice: "If parents object to a proposed sponsorship arrangement, they could take this up with the head teacher or education authority." It is to be hoped that parents following this advice will not find their objections dismissed on the basis of another CFS document.

Iain Nisbet, Head of Education Law, Govan Law Centre, 47 Burleigh Street, Glasgow.

Posted on Absolvitor: Scots Law Online.

Labels: Children, Education Law, News

The Herald reports on a novel solution to the thorny problem of teenage pregnancies - more nudity!

This counter-intuitive suggestion comes as part of a formal submission to the Scottish Government on child welfare - courtesy of the British Naturist Society.

According to Andrew Welch, of the British Naturist Society: "There is strong evidence that conventional attitudes towards the human body contribute significantly to a wide range of problems, some of them serious - but there is incredible reluctance to face the implications."

"Westminster Government figures published recently show that the UK has the worst teenage pregnancy figures of any country in Europe, while the figures are even worse in Scotland. The UK is probably the most censorious country in Europe about anything to do with the body."

"This pattern of less body tolerance, worse outcomes is repeated across the Western world. Our research shows conclusively that this is no chance connection."

"Governments, authority figures and social and community leaders should accept that the human body is not something to be ashamed of or embarrassed about and that being more open about it would benefit society. The evidence is clear but there is incredible reluctance to face the implications. It is time to leave prejudices behind and do what is right for the young people of this country."

Posted on Absolvitor: Scots Law Online

Labels: Children, News, Scottish Government

The Morning Call website in Pennsylvania, USA reports on an usual defence to a drink driving charge.

The law doesn't apply to him, he claims, because he is a "sovereign man". He continued, "I don't live in the state of Pennsylvania ... I live inside myself," The 44 year old man told the judge that to convict him would be tantamount to "committing acts of treason, usurpation and tyranny."

The judge has ordered a psychological examination of the man.

Posted on Absolvitor: Scots Law Online

Labels: criminal law, Just for Fun, News

According to BBC News, Glasgow City Council and South Ayrshire Council are facing legal action over claims they discriminate against shops which sell Buckfast Tonic Wine.

J Chandler & Co, which distributes the popular drink, said it had evidence officials in Glasgow and South Ayrshire had singled out the product. Both authorities have denied the claim and said they had always acted in accordance with licensing laws.

J Chandler & Co will seek a judicial review of the actions of both licensing boards at the Court of Session in Edinburgh.

Spokesman Jim Wilson, is quoted as saying: "They shouldn't be discussing or alluding to particular products, so why is Buckfast being targeted? We are taking legal action because this has got to stop."

"We know what Glasgow licensing board is up to. They're using euphemisms to refer to Buckfast and we are not prepared to let this continue. This is not sabre-rattling."

According to my extensive Internet research, one of the more popular euphamisms for Buckfast is "electric soup".

I suspect the only people who will get any "buck(s) fast" out of this will be counsel for the opposing sides!

Labels: Glasgow, News

I learn from the online edition of the Jerusalem Post that a group of activists from the Scottish Palestine Solidarity Campaign (SPSC) who disrupted a concert by the Jerusalem String Quartet in Edinburgh during the 2008 Festival have been charged with "racially aggravated harassment".

At a performance in Edinburgh's Queens Hall on 29 August 2009, four members of the SPSC interrupted the concert by shouting at the musicians and audience. It was claimed that the activists caused distress to both the orchestra and members of the audience.

The protesters had originally been charged with disturbing the peace, but at Edinburgh Sheriff Court those charges were dropped in favor of the more serious charge of "racially motivated conduct."

Sofia Macleod, one of those charged, is quoted as saying: "We think it's totally ridiculous. Our actions and campaigning are based on international human rights. We take the allegations seriously, but there is no question whatsoever that any of our actions are racist in any way."

She added that the Palestine solidarity movement was "an anti-racist movement based on anti-racism,".

In a statement put out by the group, SPSC chairman Mick Napier, who is also due to appear in court at a later date, said, "We thank the court for providing us with the forum to explain that opposition to the violent, racist state of Israel is motivated by a commitment to universal human rights. We support the Palestinian people faced with Zionist savagery, and we are contemptuous of attempts to smear such a struggle for justice with the taint of racism. I hope these charges are not quietly dropped and we will have the opportunity to meet our critics in open court."

This brings to mind several questions, including: is being "racially motivated" the same thing as "racism"? As I understand that the string quartet are not accused of personally being involved in any human rights violations, they are being targeted due to their nationality. This is covered in the term "race" or "racial" in UK law. So in that sense, I guess the actions of the SPSC were "racially motivated" - but their support for the Palestinian people through charitable donations might also be described as "racially motivated". Is that always a bad thing?

And is therefore "racially motivated" harrassment quantitively worse than plain old "alcohol motivated" harrassment? On one view, SPSC would argue that their motivations were a mitigating factor to any crime committed - however it may lead them to incur heavier penalties. Should we be prosecuting "thought crimes" anyway? And would this pass the "Nelson Mandela test"?

Labels: criminal law, Edinburgh, Human Rights, News

16-year-old Kim Swann went on facebook and took the opportunity to describe her job as "boring". She cannot be alone in having done this and, as she was working in the office of a logistics company, it was almost certainly true.

What marks her out though, is the response of her employers, which was to fire her after only three weeks in the job.

Her mother has been quoted as saying: "I think she's been treated totally unfairly. She didn't mention the company's name. This is a 16-year-old child we're talking about. She says Clacton is boring but we're not going to throw her out of the house for it."

Kim herself added "You shouldn't really be hassled outside work. It was only a throw-away comment. "

The employers in question are Ivell a marketing and logistics firm. I note that the "contact us " page on their site has now been taken down - presumably due to abusive e-mails which have been sent to them. I noticed this when I visited the site to not send an amusing message.

When the site is up and running again, perhaps I can ask them (as marketing experts) whether all publicity really is good publicity?

Muppets.

Labels: Employment Law, News, Privacy

The Disabled Persons' Parking Places (Scotland) Bill has been passed - meaning anyone using a designated spaces without a blue badge faces a fine of up to £60.

The law is a private member's bill by Dumbarton MSP Jackie Baillie. The move won cross-party support, but some MSPs raised concern about the costs of implementing the legislation.

I have long proposed an alternative solution - simply introduce a new statutory defence to a charge of smashing a car with a baseball bat. This way, no-one would dare to park in a disabled parking bay without the proper authority as a smashed car is much more of a deterrent than a measly £60 fine. Also it provides useful (and lawful) exercise for our young people - while allowing them to contribute to a better society.

A classic win-win. Now, what about those people who park in the parent and child spaces, when their child is obviously at least 14 years old and/or at home watching TV?

Image: Department of Transport, Crown copyright.

Labels: criminal law, News, Scottish Parliament

I simply couldn't let the birth of Govan Law Centre boss, Mike Dailly's new blawg, "Vox PopLex" pass without comment. So I haven't.

The blawg offers "life & law from a public interest perspective" - sounds good, no?

And the title? According to TranExp.com it means "Cry, the people, law!". Quite so, the law often reduces me to tears, at any rate!

Labels: Law Centres, News, site updates

News from the Scottish Government of the "Enhanced Tobacco Sales Enforcement Programme" launched today. Under this scheme, Her Majesty's Revenue & Customs and Trading Standards officers throughout Scotland will be working together to:

• stepping up enforcement of tobacco sales law to prevent underage cigarette sales; and
• stemming the flow of smuggled or counterfeit cigarettes.

Public Health Minister Shona Robison said: "With over a quarter of retailers willing to sell cigarettes to under 18s, it's clearly an area that must be addressed."

A "sustained" test purchase programme to identify those who continue to sell to under 18s will be undertaken. Those retailers who flout the age restrictions will face legal sanctions, including a maximum fine of £2,500 upon conviction.

According to the Scottish Schools Adolescent Lifestyle and Substance Abuse Survey (2006) 47 per cent of 13 year old smokers and 82 per cent of 15 year old smokers reported buying cigarettes from a shop. A recent trading standards operation in Glasgow found that a quarter of shopkeepers still sell cigarettes to 16 year olds.

Since October 1st 2007, the minimum age for buying cigarettes was raised to 18.

And, with the health risks of smoking all too clear now, it's perhaps just as well this new crackdown is being launched.

Read here about how Superman helped in the fight against underage smoking back in 1980.

Labels: Children, News, Scottish Government

I am very excited that Damages is back. Series 2 is on BBC One on Sunday evenings. You can still catch the first episode on iPlayer, and from early signs, it looks like it's going to be another cracker!

Labels: News

Comedian Mark Thomas is to join with National Union of Journalists members in an event to highlight the threat of a new UK law that could be used against press photographers taking pictures of the police.

The Counter Terrorism Act allows for the arrest and imprisonment of anyone whose pictures are "likely to be useful to a person committing or preparing an act of terrorism".

The union is joining with campaigners to organise a mass picture taking session outside London's police HQ on Monday 16 February, the day the act becomes law.

Mark will be joined outside New Scotland Yard by renowned documentary-maker Chris Atkins, NUJ vice-president Pete Murray and a bevy of photographers.

Photojournalist and NUJ member Marc Vallee said: "The plan is simple, turn up with your camera and exercise your democratic right to take a photograph in a public place."

There have already been cases of photographers stopped from working by police quoting anti terror laws.

John Toner, the NUJ's organiser who looks after freelance photographers, said: "Police officers are in news pictures at all sorts of events, football matches, carnivals, state processions, so the union wants to make it clear that taking their pictures is not the act of a criminal."

"Our members are photographers, not terrorists."

Roy Mincoff, NUJ Legal Officer, said: "Photographers do not want to endanger the health and safety of the police or the public, but it is important in a democracy that they can do their jobs properly without facing unnecessary legal restrictions."

The photo taking will start at 11am outside New Scotland Yard on Broadway, London.

Labels: Events, Human Rights, News

As a Welsh rugby fan myself, I was both heartened and disappointed to note on the BBC News website that a travelling fan had had a scrape with the law.

Kristian Bowen, 19, from Neath, admitted assaulting a police officer in Hawick in the Scottish Borders on Saturday. Sheriff Colin McClorey is quoted as saying "I hope you are thoroughly ashamed - in a real sense you have let the side down here. Welsh rugby supporters have a tremendously high reputation with mutual hospitality with Scottish rugby supporters especially in this area. I hope you show contrition by having a look at your drinking habits and getting them under control."

He was fined £600 and ordered to pay the officer he assaulted £150.

Photo copyright of Brainless Angel.

Labels: criminal law, News

Earlier this week, we reported on the case of Caroline Petrie, a nurse from Weston-super-Mare who was suspended without pay for asking a patient whether she would like to be prayed for. Following keen interest from the media, she has been reinstated by North Somerset Primary Care Trust.

Mrs Petrie, a Christian and mother of two, was suspended after her employers discovered that she had asked a patient whether she would like to be prayed for. Mrs Petrie had been told that she could face disciplinary action. On 28th January she attended a disciplinary hearing on the basis that she had failed to demonstrate a "personal and professional commitment to equality and diversity" by offering to pray for the patient.

North Somerset Primary Care Trust, in a statement issued on 5th February, said that they recognised that Mrs Petrie had been acting in the "best interests of her patients" and that nurses did not have to "set aside their faith" in the workplace, and could "continue to offer high quality care for patients while remaining committed to their beliefs". The Trust also said that for some people, prayer is recognised as an "integral part of health care and the healing process".

Labels: Discrimination, Employment Law, News

News from the Christian Legal Centre that a nurse from Weston-super-Mare has been suspended from her work for offering to pray for an elderly patient.

Caroline Petrie, a community nurse and a Christian, is facing dismissal for an alleged breach of her code of conduct on equality and diversity.

Mrs Petrie, who is married mother of two, has been accused by her employers of failing to demonstrate a "personal and professional commitment to equality and diversity" because of her offer of prayer.

She was suspended, without pay, on 17th December 2008 and will find out the outcome of her disciplinary meeting this week. She says she has been left shocked and upset by the action taken against her.

Meanwhile, the elderly patient in question (said to have been taken aback by the offer, which she declined) said: "Mrs Petrie was a nice lady, did the job properly and was quietly spoken. Personally I wouldn't want to see her sacked for something like that."

Labels: Discrimination, Employment Law, News

The Times Online reports that David Hartnett, head of Revenue and Customs, is to write to Scotland's top civil servant saying that there is no legal basis for a local tax and that the Revenue would refuse to collect it.

The letter to Sir John Elvidge, Permanent Secretary at the Scottish Government, will apparently state:

"[T]here is no legal basis for a local income tax along the lines outlined in the SNP consultation document."

"Your proposal for a tax where the rate was set by the Executive and the proposed tax was collected and administered by HMRC is a reserved matter under The Scotland Act 1998, and therefore a matter for the UK Government."

"HMRC does not have the power to collect or administer a local income tax: its role in relation to the devolved administration is confined to administering the Scottish Variable Rate,"

According to The Times, the letter puts pressure on SNP ministers to concede to demands by the Scottish Liberal Democrats to allow all 32 local authorities to set their own local rate.

A spokesperson for the Scottish Government is quoted as saying: "It's still arrant nonsense. Scrapping the unfair council tax and introducing a fair local income tax based on ability to pay is a matter for the Scottish Parliament to determine not for the Treasury to dictate from London. This latest intervention is constitutionally confused and politically inept. The Scottish Government and Parliament is not a Whitehall department which can be bullied by the Treasury. We represent a country, and we have every right and ability to scrap the council tax and replace it with a local income tax."

It may be illegal, but we should probably just press on ahead regardless, eh?

Labels: News, Scottish Government, Tax

In the first ruling of its kind, a judge has ordered the Royal Bank of Scotland to install a lift so that a wheelchair user can have the same access as any other customer.

Furthermore, in recognising the embarrassing treatment the young man experienced at the hands of the bank, he was awarded £6,500 - the highest ever compensation payout in this kind of case.

In taking the case against the bank with the support of the Equality and Human Rights Commission, David Allen, a 17 year-old wheelchair user from Sheffield, has secured a historic legal victory.

Since the Disability Discrimination Act came into force in 1995, a judge has never before ordered an injunction to force an organisation to make physical changes to its property so that disabled people can gain access.

Mr. Allen's case will help ensure that a great number of disabled people in Britain are able to access goods, facilities and services. His case was taken with the support of the Commission and he was represented by the Sheffield Law Centre.

David Allen's legal battle began when, contrary to signage outside his local branch of the bank and information posted on its website, he found that he could not gain access. In a catalogue of incidents, David had to discuss his current account details in the street, breaching his right to confidentiality and causing him significant embarrassment. The bank then suggested that he should use the nearest accessible RBS branch, even though it was a 10 mile journey and amounted to a two and a half hour round trip journey by bus.

Judge Dowse of Sheffield County Court ruled that the Bank discriminated against Mr. Allen by not providing physical access to wheelchair users in its Sheffield city centre branch, and that the bank made no serious attempts to make the branch accessible to wheelchair users as required under the law.

In handing down his judgement, Judge Dowse said: "In the light of the findings, I have made it is plain that David has suffered from discrimination and that he has suffered from considerable embarrassment caused by the Bank". Quoting a previous judgment, Judge Dowse described discrimination against disabled people as "a social evil".

On hearing the Court's decision, David Allen said: "I'm glad justice has been done. I only wanted them to comply with the law and provide disabled access so I could get into my bank like my friends."

Labels: Discrimination, Law Centres, News

A number of female pupils have been excluded from Grey Coat Hospital School in London in relation to an abusive facebook page about a teacher. The group was called "The Hate Society" and 29 girls signed up as members of the group.

They were all excluded from school for between 2 and 15 days, and the group has since been removed. The teacher concerned is said to be receiving counselling.

The Headteacher was reported as saying: "We can confirm that a number of pupils have been given fixed term exclusions for between two and 15 days after the school became aware of their involvement in a hate campaign about a member of staff using an open facebook group."

"While the offending material has been removed from the website, the school's decision to exclude these pupils temporarily was not taken lightly and has been designed to send a strong message to our whole school community that we do not tolerate such behaviour."

"The vast majority of parents who have been to see me about this incident are supportive of the school and understand why we have taken firm disciplinary action."

So, pupils who hate their teachers (an uncommon breed, I understand) would be best advised to keep their thoughts to the playground and not publish them online.

Labels: Defamation, Education Law, News

News reaches us from the Christian Legal Centre that Gary McFarlane, a relationship counsellor, has won a claim for wrongful dismissal against Relate Avon. He was sacked because his Christian beliefs prevented him giving sex therapy to homosexual couples. The Employment Tribunal was in December and Mr. McFarlane was represented by religious liberties specialist, Barrister, Paul Diamond.

Gary McFarlane had worked for Relate since 2003. He was disappointed with the hostility he had experienced from Relate. Although Mr McFarlane had never had to provide sex therapy to a same sex couple, he thought that if the situation did arise, he would be able to discuss his Christian views with his supervisors so that his position could be discussed and if necessary accommodated. Any such discussions were, however, pre-empted by unexpected meetings between Mr McFarlane and his manager in October 2007 when he was asked to state his views regarding same sex couples. Despite explaining that he would counsel couples in compliance with Relate's Equal Opportunities Policy, and that he would raise any issues with his supervisors and manager, as good practice required, Mr McFarlane was suspended in early January 2008 and then dismissed in March 2008.

However, although he won his wrongful dismissal claim, the Tribunal held that his claim of religious discrimination should fail. The Tribunal recognised powerful arguments on both sides, but held that the provision of non discriminatory services was important.

Andrea Minichiello Williams Director of the Christian Legal Centre said : "The law is in a confused state; in the case of Lillian Ladele, the Islington Registrar, the Court held that Christian belief must give way to the rights of same sex couples; but in the case of Gary McFarlane there is a finding of wrongful dismissal. The courts and public are confused; we call on the Government to recognise the legitimate expression of conscience by Christians in the area of sexual orientation and provide protection where necessary."

She continued: "It is important to note that Mr. McFarlane has never refused to counsel a same sex couple; he merely raised the potential conflict between his Christian faith and homosexual conduct. It is deeply disturbing that the mere expression of religious belief with an inability to give unqualified support to sexual orientation issues means that a Christian can be dismissed with no attempt to provide suitable accommodation for his or her beliefs. The law preventing religious discrimination against Christians is in danger of becoming a dead letter".

McFarlane v. Relate Avon Limted ET 1401179/08 (Bristol)

Labels: Discrimination, Employment Law, News

The Court of Appeal has ruled that workplace harrassment "on the grounds of" sexual orientation may be unlawful regardless of whether the victim is (or is thought to be) of the sexuality in question.

A Mr. English was married with children and was not gay. His colleagues knew he was not gay. However, since he had gone to boarding school and lived in Brighton, he was called "faggott" and lurid comments regarding him were published in the works' magazine.

His case for harassment was rejected by the Employment Tribunal - as he was not, in fact, gay.

However, the Court of Appeal held that the behaviour complained of did offend against the Sexual Orientation Regulations. The court stated: "If, as is common ground, tormenting a man who is believed to be gay but is not amounts to unlawful harassment, the distance from there to tormenting a man who is being treated as if he were gay when he is not is barely perceptible."

Sedley LJ opined that the application of anti-discrimination laws should not be dependent on an individual identifying themselves as belonging to one or other strict definition of their sexuality - sexuality being "a nuanced" issue.

School playgrounds up and down the country - take note!

Labels: Discrimination, Employment Law, News

An article from the Nearly Legal housing law blog alerts draws my attention to the imminent (well, 1st April 2009) coming into force of Section 11 of the Homelessness etc (Scotland) Act 2003.

This long awaited jigsaw piece of the legislation will require landlords to notify the local authority before taking action to recover a rented property. It will allow the authority (with the assistance of other agencies) to take early action to assist the tenant and prevent unnecessary homelessness.

Section 11 will put into statutory force the protocols agreed with many local social landlords in Glasgow as part of Govan Law Centre's prevention of homelessness project (POHP).

Labels: Glasgow, Law Centres, News, Scottish Parliament

The naked rambler has been jailed for (another) 12 months for a breach of the peace. He was brought into the dock at Glasgow Sheriff Court already naked, having been arrested at the same court just last month trying to leave the building naked, after being acquitted for breach of the peace.

The naked rambler told the court that if members of the public were offended by his nakedness then the problem was with them and not with him. He has spent most of the last two-and-a-half years in prison at an estimated cost to the taxpayer of almost a quarter of a million pounds.

Labels: Human Rights, News

John McFall MP, who is the chairman of the Treasury Select Committee, has called for a change in the law to help Scotland tackle serious "white collar crime". He has raised concerns that Scotland has no equivalent body to the Serious Fraud Office which investigates financial crime in the rest of the UK.

The Scottish Government have released a statement saying it had set up a working party to look at the issue.

Labels: criminal law, News, Scottish Government

Law Actually brings us this story of insurance firms using facebook to scupper personal injury cases. So, think twice before posting that video of you limbo dancing while you're supposed to be recovering from a serious back injury!

Labels: News, Privacy

A unique guide to the rights of parents of school-age children in Scotland was launched today by Consumer Focus Scotland.

CFS have produced a third edition of the highly popular reference book on Scots education law The A-Z of Scots Education Law.

The book tells parents about their legal responsibilities and rights over across a wide range of issues concerning their children's education. It also makes plain what education authorities and schools must do, and what they needn't do, to meet their legal obligations.

And it was written by me!

You can even order a copy on Amazon, though I don't get a commission for extra copies sold.

Labels: Children, Education Law, News

The High Court today refused the Christian Legal Centre and CORE permission to judicially review the Human Fertilisation and Embryology Authority's decision to grant research licences which involves creating animal human hybrids. The main concern in this case was that the rule of law was circumvented by the HFEA's decision to pre-empt Parliament who had not yet decided whether this kind of research should be allowed. CLC had argued that in a civilized society it is vital that no individual or public body is above the rule of law.

Mrs Justice Dobbs ruled that the challenge was not arguable because the HFEA had acted within their powers when granting the licences. She further held that the decision by the HFEA, following their own public consultation, was not irrational because proper consideration had been given to the issues surrounding the grant of the licences.

CORE and CLC argued that under the Human Fertilisation and Embryology Act 1990 the definition of a human embryo prohibited the creation of animal human hybrids (because they are not human) and that even if they were not prohibited, the licenses were neither necessary nor desirable in light of recent developments with adult stem cell research where the real progress in finding cures to serious illnesses is being made.

During the course of her Judgment, Mrs Justice Dobbs said it was possible for a human animal hybrid to be defined under section 1 of the 1990 Act as a human embryo and what is human depends on the facts understood by scientific knowledge at the time - a statement described by the CLC as "chilling" and showing "little regard for the special status and dignity of what it means to be human".

Labels: Law and Ethics, News

In the same week as the European Court of Human Rights decided that the retention of DNA data by police forces in England & Wales was unlawful (Scotland already had legal limits on DNA retention) comes the disturbing news that the Scottish Children's Reporter Administration has been disclosing personal details of vulnerable children (such as where and with whom they are now living) to ... the very people the SCRA are supposed to be protecting the children from.

Exposing Scotland's most vulnerable children to serious risk of violence, on at least 12 occasions in the past year, secret addresses of children taken from their parents and given new homes for their own safety were accidentally passed to their abusive or neglectful birth parents.

SCRA have admitted their mistake and issued an apology (for all the good that will do anyone). This sort of thing has happened once too often with government bodies for me to describe it as "unbelievable", but this surely represents staggering new depths of incompetence?

Labels: Children, Human Rights, News, Privacy

The Scottish Government's recent consultation paper "The Modern Scottish Jury in Criminal Trials" has raised an interesting dilemma for Kelvin Holdsworth, the Provost of St. Mary's Episcopal Cathedral in Glasgow.

He asks (as does the consultation) "whether or not you think that clergy should have an automatic right to be exempt from jury service if they wish it. Currently the law in Scotland is that clergy can be called for jury service but they have the right (as do a small number of people in other roles) to opt out if they choose."

The list of those who may opt out of jury service currently includes: members of the armed forces, MPs, MSPs, doctors, dentists, nurses, midwives, pharmacists and vets.

As Kelvin asks "As the court hears what you are accused of and you raise your eyes nervously towards the jury, do you want to see me, in a clerical collar perhaps, sitting there?" Well, do you?

Labels: criminal law, Glasgow, News, Scottish Government

Lauren Fowler, a partner in Ayrshire law firm Frazer Coogans Solicitors, has been accredited in both Child Law and Family Law by the Law Society of Scotland.

Lauren is the only solicitor in Ayrshire to be accredited in both fields.

Labels: Children, News

The Cabinet Secretary for Justice has re-appointed existing Board members Sheriff Kenneth Ross, Elaine Rosie and Susan McPhee to the Scottish Legal Aid Board (SLAB). Their first terms of appointment ended on March 31, 2008.

Labels: News, Scottish Government

The Best Stun Gun blog (no, really) reports that a man has been fined in Edinburgh Sheriff Court for importing an illegal stun gun.

South African Vernon White (73), by all accounts was visiting some friends in the Veldt. They decided that returning to Leith would be too risky for him without some kind of protection and gave him the weapon for his own self-defence. However, it was discovered by officials on his return to the UK when ... he told them he had it.

Sheriff Reith issued a modest fine.

Labels: Edinburgh, News

Nicola Sturgeon MSP, the Health Secretary, has been reported as saying she was "not persuaded" that assisted suicide should be made legal, after independent MSP Margo MacDonald said she hoped to bring legislation on the subject before Holyrood next year.

Ms. Sturgeon (with whom I once worked) said that she was not sure safeguards could be put in place to prevent the system from being abused. However, she is quite comfortable (as I understand it) to see organs harvested from those who haven't got round to "opting out" (i.e. declaring officially that you'd like to hang onto your organs after you're dead).

Labels: Law and Ethics, News, Scottish Government, Scottish Parliament

Campaign groups have expressed concern over the "limitations" of new legislation which aims to strengthen the law on rape.

The groups, including Rape Crisis Scotland, Scottish Women's Aid and Victim Support Scotland, presented their worries about the Sexual Offences (Scotland) Bill to MSPs on the Scottish Parliament's Justice Committee.

The MSPs heard that although the groups generally welcome the new legislation, they had a number of concerns that provisions in the bill could, in certain circumstances, make it more difficult to prove rape.

They also called for action to stop a complainer's personal history being brought up in trials. Sandy Brindlay, national co-ordinator of Rape Crisis Scotland reported that medical records, including mental health problems and use of anti-depressants, are increasingly used in court by the defence counsel.

She said: "We need to be clear about its limitations. It doesn't look at evidence at all. The particular area we are concerned about is sexual history and character evidence."

Although the bill defines "consent" for the first time in law, Brindlay also highlighted concerns over "advance consent". The bill indicates that, even if the complainer is subsequently unable to with withhold consent because they are asleep or under the influence of drink or drugs, there may still be consent if it was agreed at an earlier stage.

Labels: criminal law, News, Scottish Parliament

The Welsh Rugby Union claimed a major legal victory on Friday in the ongoing dispute with the country's professional clubs over player release for international games.

The four professional regional teams - Cardiff Blues, Ospreys, Newport Gwent Dragons and Scarlets - said players would not be released until five days before the first Test against South Africa, whereas head coach Warren Gatland wanted a further three days preparation.

On Friday, the High Court ruled that the regions should not "prevent, hinder or obstruct" the players from attending training on Monday, Tuesday and Wednesday of next week. Judge Havelock Allan's decision is binding on the regions by virtue of the express terms of the Participation Agreement and their membership of the WRU.

WRU chief executive Roger Lewis is quoted as saying "Welsh rugby has right on its side and common sense has prevailed."

As a result, Ospreys' winger Nikki Walker is set to join the Scottish Rugby training camp in Spain tomorrow - in preparation for autumn Tests against South Africa, New Zealand and Canada.

Labels: News, Sports Law

The House of Lords has ruled, in the case of Helow v. Secretary of State for the Home Department, that the fair-mided and informed observer would not have considered there was a real possibility of bias in Lady Cosgrove's hearing of an asylum case involving a member of the Palestinian Liberation Organisation, notwithstanding her membership of the International Association of Jewish Lawyers and Jurists.

Labels: House of Lords, News

The Equality and Human Rights Commission is to consider whether to use its statutory powers to bring a legal challenge against Aberdeen City Council on whether their recent budget cuts have been "equality impact assessed" as required by law.

The council cutbacks caused controversy in May when the authority closed the Choices disabled day centre. Choices offered respite care for 56 people and was closed as part of the council's programme of budget savings. Choices campaigner Kevin McCahery, the petitioner in the case of McCahery v. Aberdeen City Council was reported by BBC News as saying he was delighted at the news.

Labels: Discrimination, News

According to the International Middle East Media Centre, a group of international legal personalities from Ireland and Scotland visited eastern parts of the Gaza Strip on Sunday, mainly in the southern Khan Younis city, observing the damage caused by continuous Israeli army actions in such a border area.

The visit, according to local organizers, was aimed at observing the amount of suffering Palestinian residents face due to the frequent Israeli attacks. The Gaza Youth Development Society, the principal organizer, reported that the delegation talked directly to the local inhabitants.

Emad Asfour, the society's head, called on the delegation to convey what they witnessed in Gaza to their countries, so an international mobility can be maintained for the sake of ending the suffering of Gaza's population under the Israeli blockade and actions. For example, it is reported that the eastern border areas of Gaza adjacent to Israel have been frequently exposed to Israeli army actions such as shooting heavily and razing large areas of farm lands.

Labels: Human Rights, News

As reported in many different places in the Scottish media, a man accused of robbing a Post Office has been banned from Scotland.

The man in question lives in England (only just) and has been charged with assault and robbery. He appeared at Selkirk Sheriff Court and was granted bail with the condition that he does not enter Scotland (other than to stand trial, of course).

It is hoped that other potential criminals will be deterred by the Scots Border Guards established to enforce the bail conditions. If convicted, the man faces deportation to St. Kilda.

Labels: criminal law, News

BBC News reports that Sheriff Hogg in Edinburgh Sheriff Court has fined a Polish man £100 for breach of the peace for taking a photo of an unwell (the report suggests possibly drunk) woman outside a pub.

The Sheriff is quoted as saying: "I'm going to impose a fine to remind him chivalry is not dead and when somebody is in distress you leave them to it."

Wait a moment, I'm not sure where the Sheriff gets his information on chivalry from, but I have it on good authority that the knight's approach to the damsal in distress is not to "leave her to it". In fact, the amateur photographer ought to have assisted the woman, then laid seige to the inn which had served her the offending food/drink instead.

For more on this peculiar judgement, see zero point nine.

Labels: criminal law, Just for Fun, News

Hot on the heels of my own heroic efforts in the case of M. v. Aberdeenshire Council and Campbell Smith's class size busting case in East Lothian Council, Petitioners, comes another parental victory in a placing request appeal to the Sheriff.

It has been reported that a couple from Helensburgh have secured a place at the Royal Blind School in Edinburgh. Argyll & Bute Council had insisted that the child's current placement at Hermitage Academy(declared interest - I was once, actually twice, a pupil there) was more suitable for her.

It turns out that they were wrong and - if the allegations made by the parents in The Scotsman are accurate - also dishonest, corrupt and malicious.

I have not read the judgement as yet, but I imagine that the (unnamed) lawyer's claim that this case will set a precedent is a little on the optimistic side.

Labels: Education Law, News

Just a brief post, to draw your attention to the good news story in the Herald about prisoners making time to help themselves and their communities by contributing to community time banks.

Heartwarming isn't it? Community service in the truest sense. If you're not familiar with time banking, see TimeBank UK for details.

The image accompanying this post shows the jaw-dropping Italian Chapel in Orkney - an example of what a few prisoners and a lot of time can do.

Labels: criminal law, News

According to the Daily Record, the number of women training to be advocates in Scotland's courts is set to equal the number of male devils for the first time.

Numbers of women have risen recently and this year's autumn intake is almost an equal split.

Claire Mitchell, one of the 110 female practising advocates in Scotland, is quoted as saying: "The figures are a very promising sign for women in the business. The Law Society estimate that by 2011, there will be more women than men in the legal profession."

"No doubt at some time, there will be a 50-50 split at the faculty as well."

The Record also reminds us that Scotland's first female advocate was Margaret Kidd, who was admitted to the Scottish Bar in 1923 and continued to practice until 1974.

Labels: Faculty of Advocates, News

The Stornoway Gazette reports that Calmax Construction Company, based in Lewis, were fined a total of £10,000 for waste and pollution charges.

It seems that Calmax were demolishing a house and the rubble left over contained a substantial amount of asbestos. Rather than, I don't know, calling in some experts to get rid of this hazardous substance safely, Calmax decided to simply burn it. Their crime was only detected by the eagle eyes of "a passing officer" from the Scottish Environment Protection Agency.

Am I alone in thinking that the fine in this case is not set at a level likely to deter? I don't know what the going rate is for safely disposing of a houseful of asbestos, but I reckon that it's expensive enough to make an asbestosis bonfire a profitable venture at that level of fine. To my mind the directors of the company should be ordered by the court to eat anything they haven't disposed of correctly.

The image shows a close up of asbestos (when not on fire).

Labels: criminal law, Environmental Law, News

Congratulations to Maurice O'Carroll, advocate and his good lady wife for their recent court victory over Ryanair. Mr. O'Carroll acted as a party litigant (kind of) in suing the aforementioned airline for damages occasioned by a delayed/cancelled flight. You can read the judgement here: O'Carroll v. Ryanair.

Two points occur to me. One, how useful to be able to sue for delays at airports and two, how interesting that even advocates take budget flights. The credit crunch is affecting even counsel it seems!

Finally, a big welcome to the website of Maurice O'Carroll which has now been added to our Advocates page in the links section.

Labels: Faculty of Advocates, News, site updates

The following caught my attention while browsing PanGloss on the subject of suicide websites.

The UK Government has announced that the law on "suicide websites" is to be rewritten to ensure people know they are illegal. It follows concerns that people searching for information on suicide are more likely to find sites encouraging the act than offering support.

It is already illegal under the Suicide Act 1961 to promote suicide, but no website operator has yet been prosecuted.

Lilian Edwards (the author of PanGloss) worries that this will lead to a blanket blocking of all suicide related websites, including those offering valuable support. She also points out that suicide law is different in Scotland and predicts that if this is not adequately dealt with, we might see an upsurge in suicide websites hosted on Scottish servers!

Image is the logo from the website: To Write Love On Her Arms, a non-profit movement dedicated to presenting hope and finding help for people struggling with depression, addiction, self-injury and suicide.

Labels: criminal law, News

Mike Dailly of the Govan Law Centre returns from Cameroon with news that the government there are supporting efforts to establish the country's first law centre in the region of Bamenda.

After winning verbal support from local ministers, Mr Dailly is working to raise funds for a law centre in Bamenda, to be built and run by local human rights workers. He said: "It will offer people access to lawyers they could not otherwise afford and educate them about their rights to make sure they are less vulnerable to exploitation."

This is also great news for Toto fans, as it gives me another excuse to post a YouTube clip:

Labels: Human Rights, Law Centres, News

The Scotsman carries a story about the concerning rise in the number of children in secure accommodation in Scotland. The number of admissions has risen from 307 last year to 346 this year, with over 10 per cent under the age of 13.

Labels: Children, News

Just came across this post on the extradition of the Howes family by/to the USA.

According to the website, the family ran a small business selling chemicals over the Internet from the home in Bo'ness. However two of the substances they sold were iodine and red phosphorus. The former has medical uses and the latter is often used in the manufacture of fireworks and other pyrotechnics.

Their business was perfectly legitimate, had been checked by the Health & Safety Executive and neither substance is controlled under Scots (or UK) law. However, they are ingredients in crystal meth, and as such US enforcement agencies have decided to take action.

Under the terms of the draconian extradition treaty our government has kindly signed with the United States, US law enforment agencies no longer have to provide evidence of a prima facie case in order to secure extradition.

And so, due to our efforts to fight the "war on terror", a Scottish couple running a legitimate business have already spent 7 months on remand and may well end up spending the next twenty years of their lives doing hard time in an Arizona prison.

Which seems a little harsh, doesn't it?

Labels: criminal law, Health and Safety, Human Rights, News

Scots Law Blogger, Jonathan Mitchell QC brings us an interesting piece on some potentially thorny questions arising from the recently announced Legal Profession (Scotland) Bill.

Covering questions including the "cab-rank rule" and "mixed doubles", his post on The Proposed Legal Profession Bill is well worth a read.

Perhaps the Bill will finally sort out all the mixed metaphors which so bedevil one down at the Faculty.

Labels: Faculty of Advocates, News, Scottish Parliament

With thanks to the "Lawyer TV" channel on YouTube, footage of Dr. Pamela Abernethy of Simpson & Marwick Solicitors giving evidence to the Scottish Parliament's Justice Committee to the effect that Pleural Plaques are "a good thing".

Labels: News, Scottish Parliament

From Friday's Herald:

"In The Herald ... yesterday, it was wrongly stated that Lady Cosgrove, Scotland's first female judge, had died. She is, in fact, chairing the public inquiry into why patients were infected with HIV and Hepatitis C contaminated blood. We apologise to Lady Cosgrove for this error. In addition, there are four women judges in Scotland, not three as stated in the article."

Labels: News

Scotland's Commissioner for Children and Young People, Kathleen Marshall, has announced that she will not seek reappointment when her term of office comes to an end next April.

The Scottish Parliament's Corporate Body (SPCB) will recruit her successor.

Kathleen Marshall said how grateful she was for the help and support she'd received from many individuals, groups and particularly children and young people who had helped to shape her work and made it so rewarding:

"It has been a great privilege to be Scotland's first Commissioner for Children and Young People.

"I hope I have made a difference to the lives of children, especially those whose rights were most under threat, such as asylum seekers, children with disabilities and those in care.

"However, I believe ten years would be too long to stay in the post. This seems the right time to step down as it is a natural break and the office is ready to consult on a new set of priorities."

The Commissioner's report on the age of leaving care showed that eight times more young people left care at 16 than at 18, despite law and policy advocating that they stay in for longer. It was clear that there was a strong culture that led people to identify 16 as the age for leaving care. Activities designed to shift this culture have included a parliamentary debate and distribution of thousands of leaflets, designed with the help of some of the young people affected.

Kathleen Marshall emphasised that her work was not yet finished:

"[T]he coming months will be dominated by the UN's scrutiny of the UK's record in implementing the Convention on the Rights of the Child. I was in Geneva in June to tell the UN how I saw the situation. I will be there again on 23rd September to watch the Government being questioned. And I will be working after that to ensure that the UN's recommendations are monitored and translated into reality."

Labels: Children, News

The Scottish Ministers have decided (on 3rd September) not to call in an application by Go Ape! to build an adventure playground in Pollok Park and have sent it back to Glasgow City Council. The volume of objections is not technically allowable as a reason to review the planning decision - so campaigners are now at the stage of challenging the Council's legal competence to grant a lease at all.

Campaigners argue that the Council had no legal right to approve in principle a lease for Go Ape! in Feb 2007 and the Councillors were misinformed at the Committee which did this.

A solicitor on behalf of Save Pollok Park wrote in April 2008 to the City Council, reminding them that the disposition of Pollok to the Council prohibits developments such as Go Ape! without the agreement of the National Trust for Scotland and the Maxwell family.

It has further been argued that Pollok falls within the definition of "Common Good" and that the Council has failed so far to place it on the Common Good register.

Labels: Environmental Law, Glasgow, News, Scottish Government

From the pages of Jonathan Mitchell QC:

The Murray Stable has now formed four special interest groups: employment, public law, commercial and insolvency, and family law. The Family Law Group is holding a public launch on 22 September at the Mackenzie Building, which is behind the Fringe Office at 172 High Street, EH1 1QX.

The event has been designed in the form of a debate with the following topic:

"Scots Law has no effective means of dealing with mothers who will not allow contact."

The Motion (taking its format from a four-speech Appeal in the Court of Session) will be argued by Janys Scott QC and Ross Macfarlane, Advocate and will be defended by Jonathan Mitchell QC and Kirsty Malcolm, Advocate. Each advocate will speak for less than ten minutes and the event will be chaired by noted child psychologist and FLaG member Professor James Furnell.

This will be a lively event with lots of scope for audience participation and discussion. The event qualifies for one hour of CPD and gives you the chance to meet informally with members of the Group and its clerking support. It will take place on Monday 22nd September 2008 at 5.30pm in the Mackenzie Building, Old Assembly Close, 172 High Street, Edinburgh EH1 1QX.

The programme is:

• 5.30 Registration: tea and coffee
• 6.00 Introduction by Professor James Furnell
• 6.10 Debate, followed by questions from the audience and plenary discussion
• 7.00 A Brief Word on Clerking: Iain Murray, Murray Stable Practice Manager
• 7.10 Wine and light refreshments

Places are limited and anyone wishing to attend should contact the Murray Stable, preferably by email.

Labels: Children, Events, News

As reported by Techno Llama among many, many others, Google's new browser "Chrome" had a few teething problems, with initial versions of the Terms of Use claiming the rights to "any Content that you submit, post or display on or through the Services." What? Everything?

Panic over! Google say this was just an admin error and have replace the offending item with the inoffensive "You retain copyright and any other rights that you already hold in Content that you submit, post or display on or through the Services."

Much better. That'll teach you to read the small print, though!

Labels: IP, News

In an outstanding example of joined-up government (or, depending on your view, hypocrisy and stupidity), Aberdeen City Council are calling on the Scottish Government to allow them to pass local laws to criminalise begging on the streets.

This, just months after the Council cut £900,000 of funding from the Cyrenians, a homeless charity, forcing the closure of several shelters for the homeless.

The picture is Bartolomé Esteban Murillo's "Beggar Boys Eating Grapes and Melon"

Labels: criminal law, News

The Scottish Government has announced its legislative programme for the coming year. Here it is in full:

• EDUCATION (ADDITIONAL SUPPORT FOR LEARNING) (AMENDMENT) (SCOTLAND) BILL;
• ARBITRATION (SCOTLAND) BILL;
• BUDGET (SCOTLAND) BILL;
• CHILDREN'S HEARINGS (SCOTLAND) BILL;
• SCOTTISH CLIMATE CHANGE BILL;
• COUNCIL TAX ABOLITION (SCOTLAND) BILL;
• CRIMINAL JUSTICE AND LICENSING (SCOTLAND) BILL;
• FLOOD RISK MANAGEMENT (SCOTLAND) BILL;
• HEALTH (SCOTLAND) BILL;
• LEGISLATIVE REFORM (SCOTLAND) BILL;
• LEGAL PROFESSION (SCOTLAND) BILL;
• PUBLIC SERVICES REFORM (SCOTLAND) BILL;
• SCOTTISH MARINE BILL;
• SAFEGUARDING RURAL SCHOOLS (SCOTLAND) BILL;
• SCOTTISH CLIMATE CHANGE BILL; and
• SCOTTISH PARLIAMENT AND LOCAL GOVERNMENT ELECTIONS BILL.

And the analysis? Well a grand total of 12 "(Scotland)" Bills to only 4 "Scottish" Bills. A clear majority for the brackets. I just hope that in their enthusiasm to abolish Council Tax, the Parliament forgets to enact an alternative!

Labels: News, Scottish Parliament

More news in the Sunday papers about the evil Glasgow Bar association. Hot on the heels of revelations that the GBA had hired a PR firm (No!), is the news that a number of the lawyers involved in the GBA actually make money from Legal Aid.

This presumably gains its shock value from the fact that most people assumed that the Scottish Legal Aid Board's budget had already been reduced to the extent where no-one made a living from it any more.

The response from the press to the GBA's campaign highlightng the dangers of "diversion" has - to my mind - been missing the point. Even if we were to assume that the whole campaign is fuelled by greed, can we please address the points it raises? Should offenders who are guilty of the kinds of criminal activity noted in the examples given (including serious assaults, offensive weapons, firearms etc.) be dealt with by way of diversion from the courts?

If we (as a society) are happy with that, then all well and good. If not, then let's address these genuine concerns and shut up about the nasty lawyers who are raising them. If they're really making as much money as some claim, then surely Gordon Brown PM will be levying a windfall tax before too long?

Labels: criminal law, News

I came across this on another blog and really liked the idea.

IRREPRESSIBLE.INFO is an Amnesty International campaign, which highlights Internet censorship across the globe.

From the site:

"Chat rooms monitored. Blogs deleted. Websites blocked. Search engines restricted. People imprisoned for simply posting and sharing information.

"The Internet is a new frontier in the struggle for human rights. Governments - with the help of some of the biggest IT companies in the world - are cracking down on freedom of expression."

As you may have noticed at the foot of the right hand column, the site allows you to post a widget on your own website, which displays a random selection of snippets from websites and blogs which have been censored somewhere. The campaign site invites you to "undermine unwarranted censorship by publishing censored material from our database directly onto your site". Count me in!

You'll have to excuse me while I go and lie down for a bit ... I suddenly feel quite ... seditious (and I think I like it).

Labels: Freedom of Information, Human Rights, News

The 83 year old protester who was stopped and searched under the Terrorism Act for wearing an anti-Blair t-shirt has had his complaint against police upheld.

John Catt was searched by police at the Labour Party Conference in 2005 in Brighton armed with nothing more dangerous than a sketch pad and felt tip pens.

Three years later, the Independent Police Complaints Commission has upheld his complaint that Sussex Police acted unlawfully by using the Terrorism Act to stop him.

Labels: Human Rights, News

The UK government has launched a consultation on the Electronic Communications Data Retention (EC Directive) Regulations. Responses should be sent by 31st October by e-mail to commsdata@homeoffice.gsi.gov.uk or by post to Andrew Knight, Home Office, 5th Floor, Peel Building, 2 Marsham Street, London, SW1P 4DF.

See A consultation paper: Transposition of Directive 2006/24/EC or "Final phase of the transposition of Directive 2006/24/EC on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC." for more detail.

Labels: European Law, News, Privacy

The Scottish Government has stepped in to safeguard advocacy services for parents of children with additional support needs (ASN).

The two main voluntary services that support and represent parents in Scotland challenging their child's ASN educational provision are to receive £110,000 to assist them with this work over this financial year.

Children's Minister Adam Ingram said:

"The Scottish Government wants all our children to receive an education that maximises learning and encourages development. This is particularly relevant when a child has additional support needs to be considered.

"Most local authorities are doing an excellent job in meeting these needs, however there are occasions when a parent disagrees with the approach or education provision that their child is receiving.

"The ASN Tribunal plays a vital role - listening to the two parties and finding a solution that is in the best interests of the child - and it is crucial that parents continue to get the necessary support."

ISEA (Independent Special Education Advice) Scotland will receive £60,000 to continue providing advocacy support and representation for parents at Additional Support Needs Tribunals for Scotland (ASNTS).

Govan Law Centre will be given £50,000 to fund a six month project to build up the voluntary sectors' capacity to support parents at ASNTS. They will also make recommendations on how the Scottish Government can enhance this provision from the voluntary sector in the longer term.

Mr Ingram added:

"For a parent, representing their child at a tribunal hearing can be very difficult, therefore the representation services provided by the ISEA and Govan Law Centre are invaluable.

"The funding announced today will allow these services to develop their support and provision, while longer term we are giving careful consideration to how we can further improve advocacy support to parents at ASNTS."

Under the Education (Additional Support for Learning) (Scotland) Act 2004, local authorities have a duty to give extra help to all children and young people who require additional support with their learning. ASN Tribunals hear and decide on appeals by parents over the co-ordinated support plans education authorities have in place for these children, who often need support from a range of services due to complex or multiple factors.

ISEA Scotland's main grant funder, the Big Lottery Fund, did not renew its grant this year and Ministers have intervened to allow the organisation to continue. The funding will run until the end of March 2009.

Govan Law Centre will provide training and mentoring in ASN legislation and procedure to existing advocacy groups and make recommendations as to how to best address the need for representative advocacy at ASNTS across Scotland.

Labels: Education Law, Law Centres, News

A peculiar one this, but if it's true then never again will I scoff at the requirement to run money laundering checks on clients who seem unlikely candidates for organised criminals. It seems even our four-legged friends are getting in on the act!

Blogger on the "War on Terror" Minstrel Boy makes the following claim about the 2005 London "7/7" bombings, which I reproduce exactly for you to make of what you will:

"After the July 2005 London transit bombings, police knocked on the door of a sheep farmer in Scotland to inquire about a livestock deal gone sour. The farmer, Blair Duffton, confirmed that he had lost more than £200,000 when he sent several truckloads of sheep to a slaughterhouse in Leeds, England, but never received payment.

"The slaughterhouse specialized in halal meat, or food prepared according to Islamic law. Detectives informed Duffton that the person who had stiffed him for the sheep was an associate of Shehzad Tanweer, one of three bombers who had lived in Leeds.

" "I almost went bankrupt," Duffton recalled in a telephone interview. "I couldn't believe it when they told me that this might have been connected to terrorism."

"British authorities have not commented publicly on the sheep scam or said if any of the proceeds were used to finance the attacks. Three men accused of providing support to the suicide bombers are currently on trial in London."

Labels: criminal law, News

A decision of the Inner House in the case of WA's Legal Representative v. The Highland Council 2008 CSIH 51, considers the role of the Additional Support Needs Tribunal for Scotland.

WA had been refused a Co-ordinated Support Plan (or CSP) and appealed to the Tribunal against this refusal. WA's parents had also requested that assessments be carried out and it appears that the Highland Council had not properly responded to said requests, in terms of Section 8 of the Education (Additional Support for Learning) (Scotland) Act 2004.

The Tribunal found in favour of the Council and the parent appealed to the Court of Session, arguing that "the Tribunal had misdirected themselves in law in failing to ensure that they or the respondents had the information necessary to ascertain WA's additional support needs". Lords Carloway, Eassie and Reed disagreed, holding that in view of the Tribunals expert status, it had been entitled to make the findings it had in refusing WA's appeal.

Labels: Children, Education Law, News

The Sunday Mail reports that prosecutors will be retrained to improve Scotland's appallingly low conviction rate for sex crimes - one of the worst rates in the western world.

The Sunday Mail blames the figures on inexperienced prosecutors and victims' lack of confidence in the system.

However, by next summer, fiscals will only be allowed to handle rape cases once they have approved training. The two-day course is said to offer refresher training on rape law and will teach lawyers how to support victims. It will include discussions with forensic examiners, senior police officers, victim support workers and High Court prosecutors.

The Lord Advocate Eilish Angiolini is reported as saying: "This training is a vital part of ensuring there is a professional, determined approach to gathering evidence and bringing prosecutions before the court."

The latest figures for Scotland show convictions for rape have dropped to an all-time low of 2.9 per cent. In both Tayside and Dumfries and Galloway the rate was zero.

Sandy Brindley, of Rape Crisis Scotland, is quoted as saying: "The development of this course is an important step in improving responses to rape."

Labels: criminal law, News

A concerning post on William Beck's "SCCRC Deny Justice" website. (Worth visiting if only for the Billy Joel soundtrack!)

By all accounts, Mr. Beck has been informed by the Scottish Criminal Cases Review Commission that in revealing Jurors' Names and Addresses to him (I assume these are same jurors who once tried and convicted Mr. Beck?) they have acted properly as the information is "in the public domain" being held by National Archives of Scotland.

I imagine that this will be both a surprise and a matter of concern for anyone called as a juror. In the meantime, Mr. Beck has taken SCCRC at their word and posted the juror's names and addresses on his Flickr page.

Labels: criminal law, News, Privacy

Tech blawg, Naked Law features some interesting questions on recent cases which have given guidance on who has the rights to a profile on social networking sites.

In some cases, it seems, your profile if used in the course of your employment might not belong to you but to your employer. You (and Facebook) have been warned!

Labels: Employment Law, News

Jonathan Mitchel QC brings us news that Instruct Us Now Ltd are not flavour of the month with the Faculty of Advocates.

His blog entry "Instruct Us Now Ltd" Faculty ban on instructions includes the comment "It is not wholly clear, at least to me, what the point of instructing counsel via an unqualified intermediary might be ... Unless anyone can explain otherwise, it seems obvious that somebody has to pay for the additional middleman, and ultimately that will be the client."

That's them told, then!

Labels: News

Mike Dailly, principal solicitor at the Govan Law Centre, is travelling to Cameroon next week to provide legal assistance to a human rights project.

He will work as a legal adviser in Cameroon alongside an African Human Rights Commissioner.

Mr Dailly, who has recently expanded the Law Centre project to include the Govanhill area, has an extensive track record in assisting in social welfare reform and expanding the rights of disadvantaged individuals under the law.

Good luck and God speed, Mike!

Labels: Human Rights, Law Centres, News

News of an impressive brace of court victories in placing request cases for the Govan Law Centre was reported far and wide today. Thank you - you're very kind.

Court case throws key policy on class sizes into chaos (The Herald)
Why class sizes are the new West Lothian Question (The Herald)
We felt it was unfair because we couldn't get into the school (The Herald)
Landmark case "could jeopardise class size plans" (ATL - the education union)
Mother wins case to send child to school of choice (Scottish Legal)
Court action casts doubt on class size policy (The Journal Online)

So, three cheers for the Education Law Unit!

Labels: Children, Education Law, Law Centres, News

No, it's not the Olympics. Scotland is celebrating another golden prize, as news reaches us from the Scotch Whisky Association (SWA) that the People's Republic of China has agreed to register "Scotch Whisky" as a trademark.

Following an SWA application, the Chinese Trade Mark Office under Administration of Industry & Commerce (AIC) has agreed to protect "Scotch Whisky" as a Geographical Indication (GI) by registering it as a "collective trade mark". As a result, there will be nationwide official protection of the description "Scotch Whisky" and its Chinese translation. It is the highest level protection granted by the Chinese government to a foreign spirit drink as a Geographical Indication (GI) in China.

Scottish distillers will now be able to take more effective legal action in the Chinese courts to ensure that only whisky made in Scotland is sold as "Scotch Whisky".

The SWA reports that the equivalent of 17 million bottles of Scotch Whisky were shipped to China in 2007. Yet in 2006 alone, the SWA and Chinese authorities jointly investigated around 50 suspect products, with stocks subsequently seized and destroyed.

In related news, the Social Travellers Site is reporting that "In Scotland, it will be legal for adults to buy drinks for minors in 2009.". Good news for minors with a taste for Scotch Whisky, but are we sure that this is correct? Anyone know any different?

Labels: Children, IP, News

I learn, from no lesser source than the online Belfast Telegraph that the European Court of Justice has decided in principle that the French government has a right to ban the energy drink Red Bull.

The article states that a study by the French Scientific Committee on Human Nutrition concluded Red Bull contained excessive caffeine. It also raised concerns about taurine and glucuronolactone.

It continues: "The European Commission's Scientific Committee on Food conducted a study last year, and found that while caffeine levels in energy drinks were safe, more studies were needed to assess the dangers of taurine and glucuronolactone. While other toxicology experts had concluded that the caffeine levels in Red Bull are safe, France had a right to ban the drink on the advice of its own experts, the court said."

"The fizzy drink has been linked to several deaths and some experts have criticised its high levels of caffeine and other stimulants."

The advertising claim that Red Bull "gives you wings" was presumably not intended to refer to angelic wings.

Labels: European Law, Health and Safety, News

Indian blawg legal cell (tagline: THIS BLOG IS FOR ALL THE LAW STUDENTS, LAW TEACHER, ADVOCATES AND LEGAL ADVISORS.) has collected an almost useful list of Constitutions of the World.

As well as apparently confusing the constitution of Great Britain for that of Eritrea (easy mistake to make), Ravi (the site's author) is getting a little ahead of himself. Under the heading "the Constitution of Scotland" is a link to the Wikipedia page for the SNP's Policy Paper "A Constitution for a Free Scotland" dated September 2002. Perhaps Ravi knows something the rest of us don't?

PS. aside from these minor quibbles, it's actually quite a useful wee list of links.

Labels: News

Patrick Layden QC will be appointed as Commissioner to the Scottish Law Commission, with effect from September 1, 2008. Mr Layden replaces Professor Gerry Maher, whose appointment ends on August 31, 2008.

Also, we hear news from Milne Media that one Doreen Graham of the Scottish Society for the Prevention of Cruelty to Animals, is to be appointed as Head of Communications with the Scottish Legal Complaints Commission.

Perhaps her press releases will be drafted with a view to preventing cruelty to "legal eagles"?

Labels: Law and Ethics, News

Graham Spiers, writing for the Times Online, reports that Rangers Football Club may soon settle an employment law dispute with 20 former employees over redundancy packages. The case will be heard by an employment tribunal in September, and concerns the agreement that Rangers entered into in March 2006 with JJB Sports over Rangers replica strips and other merchandising, resulting in nearly 200 club employees losing their jobs.

The deal meant the closure of 18 Rangers shops and the redundancy of almost 200 employees. The case appears to turn on how much information Rangers shared with their employees - under employment law, employers are required to consult timeously with their staff about collective redundancies.

One of the staff affected described the redundancy deal offered at the time as "derisory". The anonymous former employee is further quoted as saying: "It was totally insulting, what happened to us. I'm a huge Rangers fan, I'd worked for the club for many years, and I was astounded by the way the JJB deal was handled by the club. Like others, I felt angry at the way Rangers treated those of us who had helped to make their retail arm such a success."

The 20 former Rangers employees who are suing the club are represented by the GMB in Scotland.

Labels: Employment Law, News, Sports Law

Kenneth Williamson, the owner of a neighbour nuisance cockerel, was back in Court on Friday. He admitted failing to comply with a court order, issued in November 2007, to prevent it crowing early in the morning.

The five-year-old bird, known as "Charlie" was to have been kept in a lightproof shed, but Mr. Williamson had failed to construct the new dwellings on the correct site. In so doing, he breached the breached the Civic Government (Scotland) Act. Scottish Borders Council had previously applied to Selkirk Sheriff Court for an anti-social behaviour order on the bird, but the current action was raised by neighbours.

Mr Williamson is due to be sentenced on 4th September 2008, but is unlikely to be given a custodial sentence, thereby making him a jailbird!

Labels: News

Morag Driscoll, director of the Scottish Child Law Centre has slated plans to "streamline" the children's hearings system. The Herald reports her concerns that amalgamating reporters, safeguarders and panel members is to undermine "essential legal distance".

She is quoted as saying: "We would never do this in an adult system of justice - it would be regarded as unacceptable. The equivalent would be amalgamating a district court with the procurator fiscal and the social workers who provide the reports."

"The safeguarder is often the only person putting the child's view, .. That is often a child whose life experience has been being let down by every adult in sight. They don't trust easily. Under these plans safeguarders won't be independent and they must be. I think many safeguarders would flatly refuse to do it."

"We have a unique system. It is not perfect but it is a darn sight better then what happens in many other areas and we jeopardise it at our peril. Would you ever do this in adult system of justice? Why are children always getting the cheap end of the stick?"

Labels: Children, Law Centres, News

Liberal Democrat Councillor Fraser Macpherson, of Dundee City Council has been in talks with a senior Council legal officer regarding the viability of a legal challenge to the decision to close four Dundee Post Offices, he revealed in the pages of his own blog.

Cllr Macpherson is quoted as saying, "I believe the so called consultation process over the closure proposals was little more than a sham..."

"I think the consultation process was fatally flawed, partly in relation to the inappropriately short consultation period of just six weeks. Although the Greater London Authority's recent attempt to force judicial review in relation to London Post Office closures was rejected by the High Court, what has become clear is that the Cabinet Office's own guidance states that 12 weeks minimum is good practice for public consultations and therefore Post Office Limited's six week consultation falls far short of such good practice.

Absolvitor: Scots Law Online will continue to follow this matter with interest, but notes (for the time being) that many of the complaints regarding the consultation which would be raised by Dundee City Council as part of any judicial process are exactly the same things which the good people of Scotland say about local authorities' own consultations on, for example, school closures. And what's good for the goose ...

Labels: News

The United States Congress passed legislation on Friday that allows Libya to settle all pending lawsuits by victims of terrorism. Under the arrangement, Libya will place money into a fund to compensate victims and their families, including those who have not already been awarded compensation in connection to the 1988 Pan Am bombing over Lockerbie.

Libya is to provide about 800 million dollars for compensation into the fund to settle existing lawsuits and will, in return, be immune from any further legal action.

The agreement is a key part of Libya's rehabilitation into the United States' good books which began in 2003 with an agreement to surrender all of its weapons of mass destruction programmes (Libya's, not the United States').

However, not everyone is happy with the proposal. In particular, the US law firm Crowell & Moring LLP represents a number of families who have already obtained judgements against Libya in the total sum of Six Billion Dollars. Said judgements are effectively overturned when the new law, the "Libyan Claims Resolution Bill", comes into force with President Bush's signature.

Labels: News

The World Socialist Web Site (no, really) poses the question, in the light of the Glasgow East bye-election (sic), "just how long it will be before Tommy Sheridan joins the Scottish Nationalist Party?"

Citing recent public comments made by Mr. Sheridan as an attempt to woo the Scottish Nationalist Party, the author of the piece, Steve James, claims "He [Sheridan] clearly has aspirations to revive his parliamentary career. Initially, he is attempting to do that by aligning Solidarity as close as possible with the SNP and, should circumstances allow, by joining it and acting as its left face."

As we know from recent experience, Mr. Sheridan is not afraid to resort to litigation and therefore, I'll be extra careful with what I say. I must confess, my first reaction was that of surprise and disbelief. Then I had a quick peek at the Solidarity website, only to discover that the home page leads with a quote from Mr. Sheridan which begins: "This is a historic victory in Glasgow East for the SNP and I congratulate John Mason. Let us be clear it is a victory for a party to the left of Labour."

Labels: News, Scottish Parliament

The Scottish Government has launched a consultation, "Strengthening for the Future" which includes proposals to reform and streamline Scotland's Children's Hearings system and to improve the support given to vulnerable young people. The consultation document proposes plans to create a single national body which will bring together the work of the Children's Reporter service, the delivery and administration of Children's Hearings, and the recruitment and training given to panel members. It will also assist the work of safeguarders.

The Minister for Children and Early Years, Adam Ingram, is quoted as saying: "Our distinctive Children's Hearing's system - which is recognised by experts across the world - makes a huge difference to young people's lives, guiding them through difficult times, behaviour and circumstances.

"This may include ensuring appropriate services are in place to help vulnerable children who have been abused or neglected, or even those who have committed a crime so that they can get their lives back on track.

"By improving support for those who deliver that system, both professionals and panel members, they can in turn focus their skills on creating a better and brighter future for the children who need our help.

"The creation of the single national body will also allow us to reduce bureaucracy in the system while ensuring services continue to be delivered locally and with great consistency in decision-making for the benefit of everyone involved."

The consultation runs until the end of October.

Labels: Children, News