Legal Matters Scotland

A free early morning round up of news for legal professionals across Scotland.
Sign up here for your free daily edition

INDUSTRY
UK opts against ECHR reform push
The UK has opted not to join nine countries advocating for reform of the European Convention on Human Rights (ECHR), despite Attorney-General Lord Hermer's call for Britain to take a leadership role in this initiative. In a recent speech, Lord Hermer argued: "British leadership to strengthen and reform the international rules-based system is both the right thing to do and the only truly realistic choice." The nine nations - Italy, Denmark, Austria, Belgium, the Czech Republic, Poland, Estonia, Latvia and Lithuania - seek to recalibrate the balance between human rights and immigration control. Shadow Justice Secretary has Robert Jenrick accused Hermer of hypocrisy, suggesting that Labour's actions contradict their stated intentions regarding ECHR reform. It is noted that the UK Government is currently reviewing the interpretation of Article 8 of the ECHR, which safeguards the right to family and private life, a crucial aspect for those contesting deportation.
FAI review to enhance investigations
Retired Sheriff Principal Ian Abercrombie will lead a review of Scotland's fatal accident inquiry (FAI) system, focusing on enhancing the efficiency of investigations and ensuring they are "trauma-informed". Commissioned by Justice Secretary Angela Constance, the review responds to concerns raised after the FAI into the deaths of Katie Allan and William Brown, which took five years to announce. Abercrombie expressed his satisfaction in leading the review, stating: "I am pleased to be leading this review." The aim is to address the lengthy process of FAIs and improve the overall system.


Denovo's Latest Executry Software Enhancements Are Empowering Scottish Law Firms 

Denovo’s Executry software is revolutionising estate management for Scottish law firms. Steven Hill, Denovo’s MD, is the forefront of this initiative, meeting with legal professionals across Scotland to share his insights and experiences on the latest updates to Denovo’s software. The enhancements Denovo are making are not just technological - they’re transformative for firms looking to streamline workflows, reduce manual input, and ultimately serve their clients more effectively.

New features like automated HMRC form population, streamlined asset management, and enhancement of data gathering capabilities, are just some of the new features in their CaseLoad platform.

Read the full blog for all the details

 
THE LAW
Assisted dying legislation could mirror MAiD law in Canada - Stevenson
Andrew Stevenson, Secretary of the Scottish Law Agents Society, warns in the Scotsman that assisted dying legislation in Scotland could mirror Canada’s Medical Assistance in Dying (MAiD) law, where safeguards were later relaxed and cases rose sharply. He argues the proposed Scottish Bill risks crossing a moral Rubicon by involving the state and doctors in facilitating suicide, challenging longstanding medical ethics. Stevenson cautions that while current proposals apply only to the terminally ill, future amendments could broaden access, as seen in Canada, eroding initial safeguards.
Consultant flags assisted dying fears
Dr Amy Proffitt, a leading British palliative care consultant, has voiced strong opposition to the proposed Terminally Ill Adults (End Of Life) Bill, labelling it "not fit for purpose." She expressed concerns about the potential erosion of end-of-life care, saying that the US scheme assisted dying regulations could be based on is "far from a safe system." Noting that 80% of the people that have assisted death have government insurance, she says this raises questions about societal values towards vulnerable individuals.



 
SOCIAL
Review backs apology for 'cultural genocide' of Gypsy Travellers
An independent review, commissioned by the Scottish Government, has concluded that social experiments on Scotland's Gypsy Traveller communities, starting in the late 1800s and continuing through the "Tinker Experiment" up through the 1980s, constituted a form of "cultural genocide", with a "forced and systematic" effort to remove Traveller children from their families and communities. A draft of the review's findings, seen by BBC Scotland, has revealed that the Scottish Government will be recommended to issue an apology and consider paying compensation to those who were affected. A spokesperson said the Scottish Government is "committed to ensuring the voices of Gypsy/traveller communities are reflected in key decision-making forums and continue to take forward measures in our joint action plan with COSLA to improve outcomes for Gypsy Travellers".
Homeless hostels addressing 'defects' following inspections
Glasgow City Council has carried out a total of 18 inspections at seven homeless hostels around the city since November, it has revealed. Pat Togher, chief officer for the Glasgow City Health and Social Care Partnership (HSCP), told councillors that the inspections had looked at issues ranging from asbestos to legionella and the risk of falls, and said that a "number of defects and/or issues" had been identified. "In response to the inspections and continued dialogue with the HSCP", he said, "the management of the hotels and bed & breakfast have all responded positively and constructively to the inspection reports and subsequent recommendations". As a result, he said, no enforcement notices have so far been served.


 
PRISONS
Prisoners allowed to watch violent films
Inmates at Scotland's HMP Barlinnie have access to a wide range of X-rated films and TV shows. Prison officers have demanded that the Scottish Prison Service (SPS) review access to the material amid fears it could heighten tensions behind bars. A spokesman for the Prison Officer's Association said: "Given all the factors such as overcrowding, drug use, bullying and organised crime gang activities inside our prisons, the last thing we need is anything else adding to the tension or temperatures." It is noted that there has been a ban on such content in English prisons since 2013.
TAX
Support for cruise ship levy grows
The National looks at proposals, currently under consultation, for a levy for cruise ship visitors, driven by similar concerns as the Visitor Levy (Scotland) Act, which empowered local authorities to impose a nightly levy on tourist accommodation. With Kirkwall having welcomed a record 160,000 cruise ship passengers last year, Orkney Islands Council leader Cllr Heather Woodbridge is one of those backing the idea, saying a levy "could allow local authorities to maintain essential services and infrastructure". Scottish Green MSP Ross Greer said the party wants "to make sure that as many communities as possible are getting the benefit of the huge number of visitors that come to Scotland every year. The Visitor Levy goes a long way to do that. The cruise ship levy is the next part of the puzzle."
POLICING
Police Scotland snubs forensic review offer
Police Scotland has not responded to an offer from the Forensic Science Regulator (FSR) to review its forensic investigation at Nicola Sturgeon's home, despite the request being made in May 2023. A former SNP MP stated: "To demonstrate transparency, appropriateness and fairness of the investigative process, it would be in Police Scotland's and the public's interests for it to do so." The investigation relates to £660,000 raised for a second independence referendum campaign. Although the FSR has no jurisdiction in Scotland, it can provide services if Police Scotland or the Scottish Police Authority agree to a review. The FSR aims to ensure that forensic science services meet quality standards across the criminal justice system.
WORKFORCE
Pupils face no consequences for violence, warn school workers
A survey of classroom support staff in Edinburgh by the GMB Scotland trade union has found that every respondent has either witnessed violence in the classroom or been a victim of it themselves - with 89% saying they do not feel safe at work. Of the 30 workers polled by the union, four out of five reported daily violent incidents, while 92% said pupils faced no consequences for violence towards classroom assistants, and most felt insufficiently supported by management. The union's senior organiser in public services, Keir Greenaway, said the "widespread idea that violence is largely inflicted by teenage boys on secondary teachers misrepresents the nature of this emergency", and that while there are "serious issues in later years … our members' experience clearly suggests classroom support workers in the youngest primary classes are most at risk when children lash out".
FIRMS
Pinsent Masons boosts Aberdeen office
Pinsent Masons has appointed Chris Sawyer and Gillian Harrington as partners in its Aberdeen office, significantly enhancing its capabilities. Sawyer, an energy sector specialist, has over 20 years of experience in C-suite legal roles with major oil and gas companies, including BP and EnQuest, where he served as general counsel. Harrington, previously a director at Burness Paull, brings extensive knowledge in employment law, having advised executive boards on various employment issues. Additionally, Willie Park has been promoted to legal director.
FRAUD
Fraud surges in UK
The UK is facing a significant rise in fraud, with over 3.3m confirmed cases reported last year, according to the annual fraud report by UK Finance. Total losses reached £1.17bn, with remote purchases being the most common type of fraud. Investment scams also caused substantial losses, amounting to £144.4m. Despite the alarming statistics, the UK reportedly loses less to scams compared to other European nations, with an average loss of £1,350 per person. The industry managed to prevent £1.45bn of unauthorised fraud last year, highlighting the ongoing battle against these crimes. Meanwhile, UK banks and payment firms are being urged to enhance their anti-fraud systems for international payments due to a rise in scams tricking individuals into sending money abroad.
CORPORATE
Gas firms fined for slow response to leaks
Energy watchdog Ofgem has fined Cadent Gas, Scotland Gas Networks and Southern Gas Networks £8m for failing to respond to emergencies quickly enough. The firms missed targets that require them to attend suspected gas leaks within one to two hours in 97% of cases between 2022 and 2023. SGN Southern received a penalty of £5.8m after missing targets by 5.1%, while Cadent will pay £1.5m for missing targets by up to 2.1%, and SGN Scotland will pay £700,000 for a 0.4% shortfall. Ofgem said the fines would be paid into its voluntary redress fund "in acknowledgment of the potentially serious risk to the public in failing to meet these targets."
CASES
Brit charged over plot to smuggle US military tech to China
John Miller, a British national, has been indicted in the US for allegedly trying to smuggle "sensitive American military technology" to China, including missiles, air defence radar and drones. Mr Miller and Chinese citizen Cui Guanghai are wanted by the FBI and the Department of Justice described their actions as a "blatant assault on both our national security and our democratic values." The pair face significant prison time if convicted, and are currently in Serbia, with extradition efforts underway. A Foreign, Commonwealth and Development Office spokesperson confirmed they are providing consular assistance to Mr Miller.
Hibs tackle leads to legal wrangle
Former Hibernian midfielder Jake Doyle-Hayes has initiated legal proceedings against the club following a training-ground incident involving ex-manager Lee Johnson. The 26-year-old sustained an ankle injury in 2022, which has significantly impacted his career, limiting him to just one appearance between August 2023 and January 2025. A hearing for the case, titled Jake Doyle Hayes v The Hibernian Football Club Limited, was held at the Court of Session in Edinburgh. Joel Shaw from Thompsons Solicitors stated: "Our client, Jake Doyle-Hayes, suffered horrific injuries from a tackle made by the then manager of Hibernian Football Club, Lee Johnson." Hibernian acknowledged the claim but declined to comment further.
Child abuser sentenced
Ralph Pickthall, 62, has been sentenced to four years in prison for forcing two young children to simulate sexual acts in Perthshire during the late 1980s and early 1990s. Following a trial at Stirling Sheriff Court, he was found guilty of five charges, including lewd behaviour and exposing himself to the victims. Sheriff Derek Hamilton remarked: "The criminal justice social work report states you have shown little, if any, responsibility for your actions." Pickthall has also been placed on the sex offenders register indefinitely, with concerns raised about the risk of further offending.
TRANSPORT
More crashes due to tourists on wrong side of road
New figures published by Transport Scotland have revealed that the number of road crashes caused by tourists driving on the wrong side of the road increased from 24 in 2022 to 35 in 2023, prompting campaigners to call for more signage and other measures to be taken to remind visitors to drive on the left. Michael McDonnell, director of Road Safety Scotland, said one "difficulty we have in Scotland is that one of the attractions of the country is the remote, rural areas, the places people like to visit with its tremendous beauty spots", with tourists encountering less traffic on rural roads to maintain their sense of being in the correct lane.
LOCAL GOVERNMENT
Union 'propelled' towards strikes as 'politicians dither' on pay
Keir Greenaway, GMB Scotland's senior organiser in public services, has written to council leaders and Local Government Secretary Shona Robison to push for progress to be made on a new pay offer for council workers. Mr Greenaway said while the union had been "told a new offer was being prepared in line with those already accepted in other public services", but that there is "no sign of it, however, and, while there may be discussions ongoing between councils and the Government, discussions do not pay our members' bills". GMB members, he warned, "do not care who or what is causing the delay and are being propelled towards disruptive but avoidable industrial action as politicians dither".
AND FINALLY...
Reform launches DOGE council unit
Reform UK is set to launch a new unit aimed at tackling waste and inefficiency in local government, with the initiative modelled on Elon Musk's Department of Government Efficiency in the US. Led by a tech entrepreneur with expertise in data analytics, the team will visit the ten councils under Reform's control to identify cost-saving measures. The team - which includes software engineers, data analysts and forensic auditors - will conduct a thorough review of financial management and procurement practices.
 


Legal Matters Scotland is designed to help you stay ahead, spark ideas and support innovation, learning and development in your organisation.

The links under articles indicate original news sources. Some links lead directly to the source material. Others lead to paywalls where you may need a subscription. A third category are restricted by copyright rules.

For reaction and insights on any stories covered in Legal Matters Scotland, join the discussion by becoming a member of our LinkedIn Group or Business Page, or follow us on Twitter.

 

Follow us on FacebookFollow us on XFollow us on Linkedin

This e-mail has been sent to [[EMAIL_TO]]

Click hereto unsubscribe