Absolvitor: Scots Law Online

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.

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.

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.

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.

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?

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.

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.

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

Just a brief round-up of some interesting posts I found recently on other legal blogs.

First, Techno Llama has an interesting and amusing post about the PRS and Google/YouTube. A sample for you: “If purpose and intent are of importance as to whether or not a fee should be paid, shouldn’t there be an exception for equine listeners?”

Second, I learn from Naked Law that cybersquatting is on the rise. Apparently, during 2008, 2,329 people or companies reported instances of cyber-squatting, including Arsenal Football Club, Google, Nestle and Scarlett Johansson.

Finally, I spotted this YouTube clip on Divorce Survivor. Worth the just over a minute it takes to play out, I think.

The key to managing your lawyer? Lower your expectations!