Legal Matters Scotland
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28th August 2025

A free early morning round up of news for legal professionals across Scotland.
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COURTS
Judicial inquiries strain Scotland's courts
Lord Pentland, Scotland's Lord President, has warned that appointing judges to chair public inquiries significantly strains court resources. In a letter to MSPs, he highlighted that ongoing inquiries have cost £240m and noted that judges chairing these inquiries lead to a loss of nearly 10% of sitting days in High Court and Court of Session cases. He stated: "Appointing a judge to a public inquiry therefore has a disproportionate impact on an already overstretched resource." The number of pending trials is expected to double this year compared to 2019-20, exacerbating the pressure on the judiciary.


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POLICING
Police Scotland expands bodycam rollout
Police Scotland is set to equip around 800 officers with body-worn video (BWV) cameras as part of a national rollout. The initiative aims to enhance public trust, improve officer safety, and streamline the criminal justice process. Chief Superintendent Kate Stephen said: "The national rollout of body-worn video cameras is a key priority for us." Over the next 18 months, all frontline officers, including Special Constables, will wear these cameras while on duty. The footage will be securely stored and shared with the Crown Office and Procurator Fiscal Service for evidence purposes.
Police custody suite closures raise alarms
Over the past two years, 22 police custody suites have been closed across Scotland, prompting concerns over community safety and the emergence of so-called "policing deserts." The Scottish Conservatives have blamed government underfunding, with shadow justice secretary Liam Kerr asserting that the closures are further evidence of local policing being undermined by SNP cuts. The Scottish Police Federation has echoed these concerns, warning that chronic underinvestment threatens frontline services. In response, Justice Secretary Angela Constance announced a record £1.62bn policing budget for 2025-26, pledging that it will support recruitment and improvements in officer pay.



 
THE LAW
Organisations face fines if they ignore law on single-sex spaces
The Equality and Human Rights Commission (EHRC) has warned NHS trusts, police forces and other public bodies they could face fines if they fail to follow the law on single-sex spaces. It said 19 organisations had wrongly told staff that people could access toilets or changing rooms based on self-identified gender, despite the Supreme Court ruling that the Equality Act defines sex as biological. Interim EHRC guidance has made clear that facilities must be divided by biological sex, with final guidance due shortly. While some institutions, including NHS England and universities, have delayed changes, Baroness Falkner, chair of the EHRC, insisted the law is "done and dusted" and must be enforced.
INDUSTRY
AI claims surge at Employment Tribunal
A growing trend sees employees using AI platforms like ChatGPT to draft grievances for the Employment Tribunal. Ailie Murray, an employment partner at Travers Smith, noted that while AI can assist, it often leads to inaccuracies that undermine claims. These inaccuracies can create additional costs for employers and contribute to delays in an already burdened Tribunal system. Recent Ministry of Justice statistics revealed a 32% increase in open cases at the Tribunal from January to March 2024/25 compared to the previous year. Murray warned that this issue will increasingly challenge the Tribunal as AI use becomes more common.
CASES
Death of infection patient investigated by prosecutors
Prosecutors have launched an investigation into the death of 23-year-old Molly Cuddihy at Glasgow’s Queen Elizabeth University Hospital (QEUH), seven years after she first became seriously ill from a hospital-acquired infection. Molly, who had undergone cancer treatment and a kidney transplant, developed another hospital-acquired infection during a recent admission, which a consultant reported to authorities. Her death comes amid a wider Scottish Hospitals Inquiry examining safety failures at QEUH and other sites, following previous patient deaths and concerns over hospital planning and design. Molly had previously given evidence to the inquiry about her severe illness in 2018 caused by an infection from an intravenous line.
OpenAI sued by parents of teenager who took his own life
A California couple is suing OpenAI after their 16-year-old son died by suicide, alleging that ChatGPT encouraged his harmful thoughts instead of directing him to professional help. The lawsuit, filed in California’s Superior Court, is the first to accuse OpenAI of wrongful death and includes chat logs between Adam Raine and the chatbot. OpenAI expressed condolences, saying it is reviewing the case and reiterated that ChatGPT is designed to guide users toward crisis support services, though it acknowledged instances where the system has failed in sensitive situations.
EMPLOYMENT
Four-day week boosts productivity in Scotland
The Scottish Government has successfully trialled a four-day week at two public bodies, South of Scotland Enterprise (SOSE) and Accountant in Bankruptcy (AiB). The 32-hour workweek, implemented without pay cuts, led to reduced work-related stress and increased job satisfaction. Notably, 98% of SOSE employees felt more motivated. Sick days dropped by 25%, particularly for psychological reasons. Joe Ryle, campaign director of the 4 Day Week Foundation, called the results “extremely encouraging” and advocated for broader adoption in the public sector.
AI fears grip UK workers
The Trades Union Congress (TUC) reports that over half of UK adults fear artificial intelligence (AI) may threaten their jobs. A recent survey revealed that 51% of working adults are anxious about AI's impact, with concerns peaking among younger workers aged 25 to 34, where 62% expressed worry. TUC assistant general secretary Kate Bell commented: "AI could have transformative potential... Left unmanaged... the AI revolution could entrench rampant inequality." The TUC urges companies to invest in workforce skills to prevent job displacement as AI technology evolves.
SENTENCING
Reconviction rates rise for released offenders
The reconviction rate for offenders released from prison in Scotland has risen to 42.8% for 2021-22, up from 39.6% the previous year. For sentences of one year or less, the rate is even higher at 52.6%. Overall, the total reconviction rate remains stable at 27.1%. Justice Secretary Angela Constance clarified: "Reconviction rates remain at one of the lowest levels recorded and Scotland continues to be a safe place to live." However, Wendy Chamberlain of the Scottish Liberal Democrats highlighted the crisis of prison overcrowding, calling for better resources and rehabilitation efforts.
LOCAL GOVERNMENT
Trading standards workforce drops to record low
The number of trading standards officers in Scotland has fallen to a record low, with new figures showing the workforce has halved since 2002. Just 250 full-time equivalent staff are now employed across councils – the first time the total has dipped below that threshold – prompting warnings from the Society of Chief Officers of Trading Standards in Scotland (Scotss) that services are at their "lowest ebb." With 58% of officers aged over 50 and 22 councils now operating with eight or fewer staff, concerns have been raised over the sector's ability to protect consumers from unsafe products, scams and illegal sales.

 
STV
MEDIA
4chan launches US legal action against Ofcom
Lawyers for online forums 4chan and Kiwi Farms have launched a legal challenge in Washington DC against UK regulator Ofcom, seeking to block enforcement of the Online Safety Act in the United States. The complaint argues that US-based companies with no UK presence should not be subject to British law and claims the act conflicts with American free speech protections. Ofcom has previously written to both sites demanding compliance, including risk assessments on illegal content, and has threatened 4chan with a provisional fine of £20,000. The regulator maintains that any service with UK users has duties under the act, regardless of where it is based.
 


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