Legal Matters Scotland
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18th April 2025

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PRISONS
Prison bosses face pressure over trans inmates
Prison authorities in Scotland are under increasing pressure to remove male-born transgender inmates from female jails following a landmark ruling by the Supreme Court. The court clarified that biological sex, rather than gender identity, is the determining factor in equality law. Rhona Hotchkiss, a former governor of Cornton Vale women's prison, said: "It's really easy, no males in female jails. That's it." The Scottish Prison Service currently houses 16 transgender individuals, but the recent ruling has prompted calls for an urgent review of their policies. Critics, including Susan Smith from For Women Scotland, argue that the presence of male-born individuals in women's prisons is unacceptable.
Prison officers may get stab vests after Abedi attack
Following a violent incident at HMP Frankland, where several prison officers were attacked by Manchester Arena bomber Hashem Abedi, Justice Secretary Shabana Mahmood has announced a snap review of safety measures for frontline officers. The Prison Service will investigate whether frontline staff should be given protective body armour. This review aims to assess the safety of prison officers and will consider recommendations from previous reviews on extremism in prisons. Ms Mahmood said: "Wherever I find there is opportunity to strengthen our defences and better protect our staff and the public, I will do so." Four officers sustained serious injuries after Abedi's attack, with three suffering life-threatening stab and burn wounds. The Ministry of Justice has suspended access to kitchens in separation units, where the attack occurred. 
Pressure mounts on prison bosses
Following the Supreme Court ruling which defines women based on biological sex, pressure is mounting on the management of Downview women's jail in Surrey to clarify the status of its E Wing, which houses high-risk transgender women inmates. Kellie-Jay Keen, leader of the Party of Women, said the facility "breaks the single-sex space that is a women's prison" and called for its immediate closure. The ruling allows for the exclusion of trans women with gender recognition certificates from single-sex spaces if deemed 'proportionate', prompting calls for the transfer of the eight inmates currently on E Wing to the male estate.


 
THE LAW
Regan urges end to gender self-ID
Ash Regan, a senior MSP, has called for the Scottish Government to end gender self-identification in public bodies following a Supreme Court ruling that defined a woman as based on biological sex under equalities law. The ruling came after a legal challenge by For Women Scotland, which argued that including transgender individuals in gender quotas undermined sex-based rights. Regan, who resigned from the SNP Government over gender legislation, stated: "For Women Scotland have secured a victory for women across the country." She urged the Government to take immediate action to protect the rights of women and girls in schools, hospitals, and prisons.
PM faces call for assisted dying probe as petition is launched
The Prime Minister is under increasing pressure to establish a royal commission on assisted dying, following significant amendments to the proposed Bill. A petition with over 1,000 signatures has been submitted on Parliament's website, which could lead to a debate if it reaches 10,000 signatures. A cross-party group of MPs and peers has called for an expert review of the assisted dying Bill, expressing concerns about the adequacy of palliative care and the ethical implications of the law. Labour backbencher Kim Leadbeater's amendment has extended the timeline for the service's introduction from two to four years, delaying its availability until at least 2029. Critics are questioning the impartiality of a proposed expert panel that would replace the need for High Court approval.
Trans workers could be asked to use disabled toilets
Following the Supreme Court ruling that defines a woman based on biological sex, employment solicitors have warned that trans employees may be required to use disabled toilets or unisex facilities at work. Peter Byrne, head of employment law at Slater and Gordon, said: "Lots of businesses are going to have to redraft policies around same-sex toilets." Emma Bartlett from CM Murray highlighted the potential for "satellite litigation" regarding discrimination claims, emphasising the need for businesses to review their policies promptly. Baroness Kishwer Falkner, chairwoman of the Equality and Human Rights Commission, noted that there is no law against providing neutral third spaces, urging trans rights organisations to advocate for such facilities.


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INDUSTRY
Kevin Lang to take up interim role at Law Society of Scotland
Councillor Kevin Lang, leader of the Edinburgh Council's Liberal Democrats, is stepping back to become the interim chief executive of the Law Society of Scotland. Cllr Lang, who is currently Executive Director of External Relations at the Law Society, will take over from Diane McGiffen, who is stepping down later this month. Susan Murray, President of the Law Society of Scotland, said: "Kevin is highly experienced, having held senior positions at the Law Society for 14 years and led on many high profile and complex areas of work including legal aid, policy and the current Regulation of Legal Services (Scotland) Bill. His interim appointment will ensure stability and continuity until a new chief executive is in post."
CASES
Court dismisses case against blogger
The High Court has dismissed a case against Stuart Campbell, the blogger behind Wings Over Scotland, regarding his posts about the murdered trans teenager Brianna Ghey. Lynsay Watson, a trans woman, had complained to Greater Manchester Police (GMP) about Campbell's social media comments, which she deemed offensive. However, the court found that GMP's decision not to take further action was "both lawful and correct." Mrs Justice Hill stated that the posts did not meet the threshold for being considered "grossly offensive" and highlighted the importance of free speech, noting that "to proceed further with the investigation was not appropriate."
Judge calls for ketamine reclassification
In a recent case, Judge Patrick Thompson called for the reclassification of ketamine to Class A after a Scottish couple, Erin Gallacher and Keir Lyons, were caught smuggling £1,800 worth of the drug into the Creamfields festival. The judge highlighted the alarming rise in ketamine abuse, stating: "The drug of the moment seems to be ketamine," and warned of its severe health risks, including damage to the bladder and bowels. Both Gallacher and Lyons admitted to possession with intent to supply, receiving suspended sentences and community service. The Home Office is currently seeking expert advice on reclassifying ketamine due to its increasing dangers.
PLANNING
SNP clears housing plan at Taymouth
The SNP Government has approved a housing development at Taymouth Castle, despite objections from the Scottish Environment Protection Agency (Sepa) regarding potential flooding risks. Discovery Land Company (DLC), the U.S. owners, have been accused of "salami slicing" their planning applications to facilitate approval. Sepa raised concerns about flooding from the River Tay, noting: "It appears that flood water may easily enter both buildings, inundating living quarters." Despite the warnings, Perth and Kinross Council officials did not share the same concerns, leading the SNP Government to pass the case back to the council for approval.
FIRMS
New partners join Harper Macleod
Harper Macleod has appointed Jane Blackwood and Linda Walker as new partners in its family law team, both bringing extensive experience and Law Society of Scotland accreditations. Blackwood has specialised in family law since 2010 and teaches at the University of Strathclyde, while Walker has 18 years of experience and is qualified in child inclusive family mediation. The family law team has recently hosted the "Seen, Heard and Respected?" conference, which attracted over 160 delegates and focused on children's experiences in the Scottish justice system.
Class-action firm faces financial uncertainty
Pogust Goodhead, a leading class-action law firm, is facing significant financial challenges, with auditors highlighting a "material uncertainty" regarding its ability to continue as a going concern. The firm's latest financial statement reveals net liabilities exceeding £500m and a pre-tax loss of £291.7m for 2022, up from £167.6m the previous year. The auditors, MHA, noted that while the firm is negotiating for "additional funding," no formal agreements have been established, raising concerns about its future viability. A Pogust Goodhead spokeswoman said: "The business was built on the strength of our case portfolio, not traditional financial cycles."
TRANSPORT
Sutherland vows to fight bus gates
Alasdair Sutherland, a prominent lawyer, is leading a legal challenge against Aberdeen City Council regarding the controversial bus gates that have significantly impacted local traders. During a meeting with affected shopkeepers, Sutherland expressed his determination, stating: "I will fight this as fiercely as I possibly can." The council's decision to make the bus gates permanent has drawn criticism, with Sutherland arguing that the legality of this decision is questionable. He believes that if the court finds the council acted unlawfully, it could lead to the quashing of the bus gates and potential refunds for drivers fined since the decision.
HOLYROOD
SNP leader warns of Farage threat
Scotland's First Minister John Swinney has said he is concerned over the possibility of Nigel Farage becoming the next UK Prime Minister. With Reform UK gaining traction in polls, projections suggest the party could secure multiple seats in the upcoming Holyrood elections. Swinney highlighted the damaging implications of Farage's leadership on the UK's values and global perception, warning that it could lead to a fundamental change. He is set to host a summit with political leaders to strategise against Reform UK, particularly in light of the upcoming byelections in Hamilton, Larkhall, and Stonehouse.
ECONOMY
IMF: No global recession despite tariffs
The International Monetary Fund (IMF) says that while trade tensions have "flared" in the wake of US tariffs, there will not be a global recession. The IMF said its next growth projections "will include notable markdowns, but not recession." Kristalina Georgieva, the IMF's managing director, said: "A better balanced, more resilient world economy is within reach. We must act to secure it."
INTERNATIONAL
US judge: Google has illegal advertising monopoly
A judge in the US has ruled that Google has a monopoly in online advertising technology. This comes after US Department of Justice, alongside 17 US states, sued the tech firm, arguing that it was illegally dominating the technology which places advertisements online. The judge said Google had "wilfully engaged in a series of anticompetitive acts" which enabled it to "acquire and maintain monopoly power." Lee-Ann Mulholland, Google's head of regulatory affairs, said the firm will appeal the ruling.
 


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