Gillian Black: It’s time to reform civil remedies for domestic abuse

With over 61,934 incidents of domestic abuse recorded by Police Scotland in the year 2022 to 2023 (of which 81 per cent involving a female victim and a male suspected perpetrator, where gender information was recorded), it is clear domestic abuse is a significant problem in Scotland. While criminal law can tackle many aspects of domestic abuse, civil protection orders are a crucial tool in helping to protect victims.

The Scottish Law Commission is reviewing the legal protection available for victims of domestic abuse in the civil context. It published its Discussion Paper on Civil Remedies for Domestic Abuse yesterday, setting out a wide range of consultation questions, and seeks views on these options for reform of the law by 22 January 2025.
 
Key criticisms of the law include:

• The legislation is complicated and fragmented, spread over a number of acts;
• There is insufficient recognition of the impact of domestic abuse on children;
• There is a lack of joined up thinking and communication between the civil and criminal courts dealing with family law actions;
• The terminology is confusing and inconsistent; and
• The remedies are not working as well as they should.

The discussion paper seeks to address these and other problems identified, and to improve the law of civil remedies for domestic abuse, by offering better protection to victims (and their children) in Scotland.

In addition to making suggestions for reform of the existing law, the discussion paper proposes the introduction of a new delict of domestic abuse, together with (for the first time in the civil context) a definition of domestic abuse. This definition could also include specific elements such as tech abuse, immigration abuse and economic abuse.

This new law would be accompanied by a suite of remedies (available individually or in combination) to help victims where domestic abuse is established in court. Remedies would include a protective order to prevent future wrongful conduct, a barring order excluding the perpetrator from the home, an order for damages, orders for the return of documents and other property, and an order regulating the care of and responsibility for a pet. The commission proposes enabling a victim to seek these remedies against their abuser, as well as associates of the abuser where they are also carrying out abuse against victims.

The discussion paper considers how children are impacted by domestic abuse which takes place between their parents, as well as in their own relationships, and the degree to which domestic abuse is considered by the court in contact and residence decisions. Some suggested reforms are proposed, including that children should be recognised as “adjoined victim/survivors” where they have a family connection with the abuser and/or the victim. This would help ensure they can seek the new remedies proposed, or an existing civil protection order, in their own name.

Access to justice issues are also considered, in particular whether special measures in court should be more widely available to victims of domestic abuse and the lack of integration between the criminal justice system and the civil justice system in cases involving domestic abuse. Suggested reforms are again proposed.

Possible reforms to the existing legal framework are also proposed, in particular in relation to occupancy rights in terms of the Matrimonial Homes (Family Protection) (Scotland) Act 1980 (such as whether cohabitants should have to apply to court for a declarator of occupancy rights, unlike spouses and civil partners). The commission is keen to hear from property lawyers in relation to the occupancy rights proposals.

Ensuring that Scots law offers meaningful civil protection orders for victims of domestic abuse is critical. The current law is overly complex and the available remedies are limited. This discussion paper is an important step to achieving the law reform required, and we are keen to hear from anyone with an interest in the civil law regarding domestic abuse. Responses to this consultation exercise will help ensure that the final recommendations we make to the Scottish Government for law reform are supported and informed by the public and the profession.

The Scottish Law Commission invites anyone with an interest in this area of law to respond to as many of the questions in the discussion paper as they feel able to answer. The deadline for responses is 22 January 2025.

Companies House publishes assessment of threats it faces

The strategic intelligence assessment gives an analysis of the key threats Companies House faces. It aims to guide future prioritisation, decision making, risk identification and mitigation.

The assessment will be followed by a new control strategy, which will outline recommendations and action plans.  

As part of the Economic Crime and Corporate Transparency Act, the company registrars for England and Wales, Scotland and Northern Ireland now have new and enhanced powers.

These include the power to proactively share data with other government departments and law enforcement agencies. 

In her foreword to the assessment, Companies House chief executive Louise Smyth said: “I am pleased to introduce our first ever strategic intelligence assessment. This marks one of the major steps forward for the changes underway at Companies House.  

“The assessment forms part of our work to more closely align to the National Intelligence Model and will underpin the work of our new and expanding Intelligence team.  

“I’d like to thank our strategic partners for their valued insights, which have been used to shape our assessment and are helping us to continue our integration into the wider economic crime ecosystem.”

UNESCO reveals sharp increase in use of financial laws to silence journalists

Of 120 cases reviewed by UNESCO dating from 2005-2024, 60 per cent occurred between 2019-2023.

Extortion, tax evasion and money-laundering are the most frequently misused charges brought against journalists and media outlets. Other misused charges include blackmail, terrorism financing, fraud, embezzlement and illegally receiving foreign funds.

Unlike in libel and defamation cases, financial charges can often be brought without establishing any connection between the editorial content produced by the journalist or media outlet, and the charge itself, obscuring the real motive behind the charge.

The instigators of financial charges against journalists and media outlets are most often state actors. Executive powers can also instruct administrative bodies such as fiscal authorities to launch investigations directly, thus bypassing the scrutiny of the judiciary.

The misuse of financial legislation can allow authorities to freeze a journalist or media outlet’s assets, reducing their livelihoods and impeding their ability to continue reporting while they await trial. This can lead to the closure of media altogether, when key staff are detained or have their assets frozen. The threat of bankrupting individual journalists or media organizations can also lead to further self-censorship.

The UNESCO report identifies at least five cases in Latin America and the Caribbean over the last three years, compared to only two cases during the previous 10. In Africa, at least eight occurred between 2019 and 2023, compared to seven during the previous 10 years. Of the cases in these two regions, tax evasion and extortion were the most frequent charges brought and nine people received jail sentences, the highest sentence being 12 years.

The issue is more prevalent in Eastern Europe, Asia and the Pacific, particularly Central Asia, with 41 cases reviewed between 2020 and 2024, compared to 19 cases from 2008 to 2020. This trend has been in evidence since the early 2010s. In South Asia, extortion charges have been misused since the mid-2000s, and restricting foreign funding or charging independent media outlets with funding terrorism is also common.

UNESCO’s director general, Audrey Azoulay, said: “Journalists play an essential role in society investigating wrongdoing and advancing transparency. They should never be targeted with unfounded allegations of financial crimes or subject to legal harassment to silence them. This undermines press freedom and freedom of expression for all of us. UNESCO calls on all its Member States to safeguard journalists from this practice.”

Ireland: Parliamentary committee backs drug decriminalisation

The joint committee on drugs use, which was established to examine and respond to the 36 recommendations of an earlier citizens’ assembly on drugs, this week published its interim report.

The committee was originally expected to work until January 2025, but may have to conclude its work prematurely if an early general election takes place.

Chairperson Gino Kenny said: “The committee has a remit to examine and respond to the 36 recommendations of the citizens’ assembly on drug use. The committee runs until January 2025. It’s unclear whether it will be able to do much further work on this fundamental topic.

“This is the reason for publishing an interim report now rather than lose the valuable work completed to date. The committee regrets that it is unlikely to complete its agreed plan of work and engage with other valuable contributors.”

He added: “The committee has given a reasoned response to each citizens’ assembly recommendation and agrees with all of the substantive recommendations

“This includes recommendation 17, which calls for the decriminalisation of all substances. The aim is not to criminalise possession but to move towards a health-led approach where options around treatment, if needed, can be explored.”

He added: “The negative effects of drug use impacts all of society but disproportionately affects already disadvantaged groups and communities. It is time for a change in how drug use is treated in Ireland and the committee hopes its recommendations will help with this change.”

Rapist jailed for six years after abusing young girls while babysitting

Ian Dunlop was found guilty of multiple historic sexual offence charges on 28 May 2024 following a trial at the High Court in Glasgow.

The now 61-year-old targeted the victims in the Ayrshire area over a five-year period after being asked to babysit the three children. The girls were aged between five and eight when the abuse began.

On 23 October 2024, at the High Court in Glasgow, Dunlop was sentenced to six years’ imprisonment. His name has been added to the sex offenders register indefinitely.

Non-harassment orders, banning Dunlop from contacting or attempting to contact any of the victims, were also granted for an indefinite period.

Procurator fiscal for High Court sexual offending, Katrina Parkes said: “Ian Dunlop posed a danger to young girls over the course of several years and exploited his position of trust in the worst possible way.

“The trauma these victims suffered was at the forefront of our minds while working to secure this conviction. It is thanks to the bravery of those affected by Dunlop’s offending that he has been brought to justice. They should be commended for their bravery and courage.”

Scullion LAW joins Cyber and Fraud Centre ‘cadre’

Scullion LAW, which was targeted in a ransomware attack, earlier this year, is the fourth legal firm to join Cyber and Fraud Centre’s Incident Response Cadre.  

The cadre is a programme that helps organisations get back on their feet after experiencing cyber and fraud attacks. The law firm, which has offices in Hamilton, Edinburgh, Glasgow and Madrid, will join a network of IT and specialist cyber security service providers, alongside Burness Paull, Brodies LLP and Anderson Strathern.

As part of National Cyber Security Month, Cyber and Fraud Centre CEO, Jude McCorry, is hosting a fireside chat with Nicholas Scullion, managing director of Scullion LAW to discuss his first-hand experience of navigating a cyber breach. He will provide practical tips, valuable insights, and lessons learned that can help any business enhance its cybersecurity resilience and better prepare for future threats.

He said: “My team has experienced the impact of cybercrime first-hand, and we know exactly how it feels to be in an urgent situation and come out stronger as a result. Through joining Cyber and Fraud Centre’s Incident Response Cadre, we will be able to put our renewed energy into our new one-stop shop service, helping organisations survive the first 28 days and improve for the future.

“Companies can often feel like they are at fault when they fall victim to a cyber attack, therefore it is vital that they are equipped with the knowledge required to prepare for, respond to, and recover from an attack. 

“We are uniquely positioned to offer a comprehensive legal and consultancy service, based on our lived experience of a cyber attack. We look forward to offering our award-winning service to affected organisations, working together to defeat cyber criminals and protect jobs.”  

Jude McCorry, CEO of Cyber and Fraud Centre, said: “As levels of cybercrime in Scotland continue to increase, it has never been more important for organisations to prepare for the possibility of being targeted.

“As a social enterprise, we are in a position to help smaller organisations understand the implications and prepare and protect themselves. The addition of Scullion LAW to our dedicated cadre will help us to extend our support even further. As an organisation that has lived through a cyber attack, the firm will act as a key incident response partner to smaller organisations as part of their incident response plan, ensuring day-to-day help is available when trying to get back on their feet.”  

Alastair Cameron joins Oakwood Scotland Solicitors

With over 26 years of experience in the legal profession, he brings a wealth of expertise in civil litigation, personal injury law, and high-profile cases.

Before joining Oakwood Scotland Solicitors, he was senior solicitor at Gildeas, where he managed a caseload of road traffic accident cases and civil matters.

He said: “Oakwood Scotland Solicitors has given me the opportunity to achieve what I’ve always aspired to—being in charge of my own destiny while growing a firm that stands out in a crowded market.

“The dynamic culture, the enthusiasm of my colleagues, and the support from our offices in Glasgow, Scotland, and Leeds make every day a great day. I’m proud to lead a team that is focused, driven, and dedicated to achieving the best outcomes for our clients.

“I want to take Oakwood Scotland Solicitors to the next level. I want to disrupt the norms and achieve greatness for all staff and our clients.”

Abbie Keech, managing director at Oakwood Scotland Solicitors, said: “Here at Oakwood Scotland Solicitors we are so pleased that Alastair Cameron has joined the team. Alastair brings with him not only a wealth of knowledge and expertise but with his experience in tutoring at the University of Strathclyde he is also helping train the next generation of solicitors and paralegals.”

Kennedys announces new global managing partner

Ms Catalano is currently the regional managing partner for the US and a member of the firm’s five-strong executive group, which is responsible for setting and implementing the strategic direction and business operations of the firm.

As the first global managing partner from an international office, she will be responsible for the strategic and operational management of the firm’s network of 48 offices, and will relocate to the firm’s London office in 2025.

She has been a partner of Kennedys since 2017 when Carroll McNulty & Kull (CMK) and Kennedys merged.

Ms Catalano said: “I am proud to be taking on this new role. When CMK first merged with Kennedys we had 1,700 people operating across 32 offices. Today, Kennedys has 2,900 people, operating across 48 offices in 21 countries.

“We have achieved so much, and I am honoured to help lead the firm through continued global growth to bring the firm’s vision and strategy to life, for our people and our clients.”

Student law clinic clears wrongly attributed energy debt for client

Prior to engaging ALP, the client had received several letters stating that she had not paid an energy bill. The matter was then escalated to a debt collection agency. Following various correspondence with the energy company, ALP successfully secured a confirmation that the debt was not in fact owed by the client.

The client said: “I had the pleasure of working with Jonathan and Samantha through the law project. Not only were they able to help the legal issue I was having, but they did so in a patient, compassionate and highly professional manner.

“They explained each stage of the process and were excellent at making sure I was comfortable and confident with each step that was being taken. I am incredibly grateful for their expertise and advice. I would highly recommend the services of ALP. I cannot thank them both enough.”

Student advisers Jonathan and Samantha said: “As this is our first case with ALP, it was enlightening to see the full scope of the work involved to support our community. We are thrilled to have this debt cleared and the matter resolved for the client. We would like to thank everyone in the team who contributed to the success of this case.”

Scullion LAW raises £2,500 for charity

The firm welcomed representatives from Home-Start Glasgow North and North Lanarkshire to its Hamilton office recently. Since 2021, it has raised £2,566, which was presented during the visit. 

Judith Higson, head of family law, said: “It was wonderful to hear more about the valuable work Home Start does and the difference the donations make to families going through challenging times. 

“We often help families through incredibly difficult and upsetting times, be it separation, divorce, or childcare arrangements. However, this is such a good way to give back to families in our local community and allow them to flourish.”

Quote of the day

Many an attack of depression is nothing but the expression of regret at having to be virtuous.

Wilhelm Stekel

And finally… coke and a slice

Customers who ordered “pizza No. 40” from the unnamed pizzeria in Düsseldorf received both pizza and drugs at their door, DW reports.

It was “one of” the restaurant’s “best-selling pizzas”, German police said in a statement. They did not elaborate on the ingredients of the other contenders for that title.

When police arrived to arrest the 36-year-old restaurant owner, he allegedly threw a bag containing significant amounts of drugs out of the window — where it landed right in the hands of waiting officers.

Police ultimately seized 1.6 kilograms of cocaine, 400 grams of cannabis and €268,000 in cash.

The owner was released from jail two days later and allegedly resumed selling cocaine from the restaurant, leading police to identify and arrest 14 more suspects, including three suspected suppliers.

The 15 arrestees will now be prosecuted.

Axiom receives outstanding recognition in Chambers UK

Axiom has been widely recognised as the go to stable for multiple practice areas illustrating their expertise and cementing Axiom’s reputation as a true market leader. In one of their core specialisms of public and administrative law members were widely praised for their “extensive expertise” and “always impressing with their knowledge and ability to grasp complex issues”. Similarly in respect of commercial dispute resolution, the set is described as “undoubtedly the standout commercial litigation stable at the Scottish bar”.

Axiom was also recognised as “a leading stable for company law; restructuring and insolvency; and procurement disputes” praised as the “best at the bar”. It was also notable that the set has been identified as “a go to stable for product liability cases” as well as “a leading set for professional negligence counsel” and remains “the undisputed market leader for construction disputes” with the “best line up of Scottish advocates by some distance” in respect of intellectual property disputes.

Gavin Walker KC, chairman and director of Axiom stated: “I am delighted Axiom has maintained its reputation for providing the highest quality advice and service; and has been recognised so highly in Chambers in multiple practice areas.  I am also pleased the excellent service levels delivered by our clerking team have been recognised. We look forward to continuing to meet our client demands and delivering first class service”.

Full rankings can be viewed here.

Are you a law firm partner wishing things could be different?

• Fed up with office politics?
• Annoyed with the decisions made?
• Frustrated by some of your fellow partners?
• Disgruntled by the way the cake is divided up?
• Confused why you ended up in charge of HR or IT?
• Wishing you could concentrate on just doing the law?

Becoming a partner in a law firm is an incredible achievement. You have worked really hard to get there, following the traditional path.
However, maybe it is not giving you the satisfaction or fulfilment you thought it would?
Would you like to change all of that?
Now, imagine your future. One that gives you more of the fees you generate; complete freedom of how, where and when you work; and allows you to focus on doing the legal work that you love to do.

If you are a law firm partner, and wish things could be different, then find out now if Plug & Play Law is the answer for you.

What is Plug & Play Law?

Plug & Play is a term coined by Mitch Kowalski in his book The Great Legal Reformation: Notes from the Field. A book that features Inksters.

Mitch Kowalski refers to Plug & Play Platforms when describing law firms such as Inksters who have developed a model where senior lawyers can work as a collective, with enhanced technology and back-office support.

Inksters and Plug & Play Law

Inksters is the foremost Plug & Play Law firm in Scotland. Specifically with, by far, the largest number of consultant solicitors and the greatest geographical reach. Inksters have operated and perfected this model for 11 years and been in business as a law firm for 25 years.

Discover whether Plug & Play Law is the right fit for you

If you are a law firm partner, and wish things could be different, then complete the Plug & Play Law scorecard online. There are just 11 simple questions and it takes less than 60 seconds to complete. You will then receive an immediate personalised report on whether Plug & Play Law is a good fit for you.