Legal Matters Scotland
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18th July 2025

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THE LAW
Scotland has golden opportunity to overhaul FoI law
Carole Ewart, Director of the Campaign for Freedom of Information in Scotland, argues that Scotland has a vital opportunity to modernise its Freedom of Information (FoI) law and reaffirm its global leadership in transparency, especially as other countries roll back access rights. She highlights ongoing challenges, including the Scottish Government’s reluctance to back reforms that would extend FoI to private and third-sector providers of public services. A proposed MSP bill seeks to close loopholes, strengthen enforcement, and ensure greater accountability, but needs cross-party and public support to pass. Ewart says public opinion strongly favours FoI reform, with high awareness and support for extending rights and penalising attempts to undermine the law. Ewart stresses that mobilising this public backing is essential for success before the parliamentary session ends in March 2026.
Lords back amendment on 'day-one' employment rights
The House of Lords has approved a Conservative-led amendment to the Employment Rights Bill, proposing to change the qualifying period for unfair dismissal from day one to six months. Lord Sharpe argued that while the Government's intention to protect workers is "commendable," the current approach is "confused and counterproductive." He warned that increasing risks for employers could deter hiring, particularly in vulnerable job sectors. The amendment passed with a vote of 304 to 160, receiving support from Conservative, Liberal Democrat, and crossbench members. Dan Chapman, employment partner at Leathes Prior Solicitors, described the vote as "very important," noting that it reflects a common-sense approach supported by many in the employment law community. The amendments will now be sent back to the House of Commons for further consideration.

 


 
INDUSTRY
Lawyers push for Afghan resettlement
Lawyers are mobilising to invoke human rights laws to compel the UK Government to resettle up to 100,000 Afghans whose names were leaked by a British soldier. They argue that these individuals face reprisals from the Taliban, breaching their rights under the European Convention on Human Rights (ECHR). Sean Humber, a partner at Leigh Day, said: "We are looking at possible legal avenues for judicial challenge for people who have been denied relocation." The Ministry of Defence (MoD) claims that many on the list are not genuine claimants, but if the judicial review succeeds, it could set a precedent for resettlement eligibility. The Rimmer Review, which assessed the situation, concluded that the risk to those named is now low, yet the public remains unaware of the reasoning behind this assessment.



 
CASES
Nursing head 'can't recall' risk assessment behind Sandie Peggie suspension
The head of nursing at NHS Fife, Gillian Malone, has told an employment tribunal she "can’t recall" seeing the risk assessment that led to the suspension of nurse Sandie Peggie, who objected to sharing a changing room with transgender doctor Beth Upton on Christmas Eve 2023. Ms Peggie was suspended following allegations of bullying, harassment, and concerns about patient care made by Dr Upton. Ms Malone described the allegations as "unacceptable" and said the suspension decision was based on a risk assessment conducted by Peggie’s line manager, though she was not directly involved in the investigation. On Wednesday, Ms Peggie was cleared of gross misconduct following disciplinary proceedings by the health board.
Man charged for supporting Palestine Action
A man has been charged under the Terrorism Act for displaying a poster supporting Palestine Action, a banned organisation in the UK. The 38-year-old was arrested in Glasgow for displaying the poster at a property in the Shawlands area. Palestine Action was proscribed by the UK Government under the Terrorism Act 2000, making membership or expressing support a criminal offence. Around 100 people have been arrested at protests against the ban. The group has attempted to block the move in court, with its lawyer arguing it would constitute an "authoritarian abuse" of power.
Twelve-year-old charged with town centre building fire
A 12-year-old boy has been arrested and charged in connection with a building fire in Kilmarnock, Scotland, which destroyed several businesses and closed part of the high street. The incident occurred at a four-storey building on Sandbed Street, and six fire engines and two specialist units battled the blaze. The boy has been released on an undertaking and is due to appear at Kilmarnock Sheriff Court later this month.
POLICING
Police Scotland requests additional officers for Trump's visit
Police Scotland has requested additional officers from the UK to support US President Donald Trump's upcoming visit to Scotland. Expected to span several days, the visit will include stays at his Turnberry and Aberdeenshire golf courses. Up to 5,000 officers may be required to police the visit. Assistant Chief Constable Emma Bond said: "The visit will require a significant police operation using local, national and specialist resources from across Police Scotland, supported by colleagues from other UK police forces as part of mutual aid arrangements."
FIRMS
Brodies embracing AI
Stephen Goldie, managing partner of Brodies, has welcomed the potential of artificiaL intelligences (AI) to enhance efficiency by freeing lawyers to focus on client interaction. Brodies has already integrated AI tools to assist with tasks like reviewing and summarising information, while continuing to explore new applications alongside human expertise. Despite global and domestic challenges, the firm reported its 15th consecutive year of growth, with turnover up 11% to £126.7m. Goldie also noted a steady appetite for corporate deals in Scotland, despite market volatility driven by macroeconomic and geopolitical factors.
GOVERNMENT
UK signs new treaty with Germany
The UK and Germany have established their first bilateral treaty since WWII. The Kensington Treaty includes new travel arrangements, laws around people smuggling gangs, and strengthened defence ties along with a plan to create a new, direct rail link between London and Berlin. Meanwhile, new EU documents reveal that Britain’s reset with the EU will require the UK to pay contributions to the bodies that manage food standards and the carbon market rules that Britain will have to follow. However, Britain will be blocked from making any changes or amendments to the rules, making the UK an EU rule-taker. Iain Duncan Smith asserts in the Telegraph that Sir Keir Starmer’s reset is an act of "subterfuge" with dynamic alignment a threat to trade arrangements with other countries.
TAX
Wealthy foreigners dissuaded from investing in UK
Tax contributions paid by wealthy foreigners increased by £107m in the 2023/2024 tax year to reach £12bn, the largest amount since tighter rules around the non-dom regime were introduced in 2017. The numbers for the year to April 2024 are the final set of data before both the Tory and Labour parties confirmed plans to scrap the non-dom regime last year and show a positive trajectory of income from the regime. Wealth advisers say Labour’s reforms are internationally uncompetitive and are driving former non-doms out of the country at an unprecedented rate. The latest HMRC figures also revealed a very low take up of Business Investment Relief, indicating that less than 1% of wealthy foreigners were using the scheme to invest in Britain. Arun Advani, director of the Centre for the Analysis of Taxation, said recent policy changes encouraged new arrivals to invest "anywhere but here." Separately, the CEO of Royal Bank of Canada, Dave McKay, has warned the UK that increasing the tax burden on the wealthy would "100%" result in people leaving for "a lower tax jurisdiction."
 


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