Legal Matters Scotland
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12th December 2025

A free early morning round up of news for legal professionals across Scotland.
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HOLYROOD
Constance facing no confidence vote
Angela Constance will face a no-confidence vote at Holyrood next week after being accused of misrepresenting the views of Professor Alexis Jay on grooming gangs. The leaders of both Scottish Labour and the Conservatives lodged separate motions of no confidence against the justice secretary on Thursday. Although the Liberal Democrats will back the motion, it is expected to fail due to opposition from the Greens. Scottish Labour leader Anas Sarwar stated: "This SNP government is addicted to cover-up and secrecy. The truth is that Angela Constance isn't just a stranger to the truth - she is a stranger to competence as well." John Swinney said he had not "lost confidence" in Constance, but Scottish Conservatives leader Russell Findlay said the first minister "is defending a justice secretary who misrepresented an expert, misled parliament, misled the public and misled victims."

 
CASES
Sandie Peggie to appeal employment tribunal ruling
Fife nurse Sandie Peggie, who was suspended after objecting to sharing a female changing room with a transgender doctor, has announced she will appeal her employment tribunal's findings. While the tribunal ruled she had been harassed by NHS Fife, it dismissed her broader claims of discrimination and victimisation. "Whilst I am delighted that the tribunal was critical of Fife Health Board and found they harassed me, their judgement falls short in many respects," she said, adding that she would "not be giving up this legal fight any time soon." Earlier on Thursday, it emerged that the judgement had been amended after campaigner Maya Forstater said a reference to her own landmark case had been "completely made up." The tribunal has now issued a "certificate of correction" citing clerical errors, though the overall outcome remains unchanged. Peggie's solicitor Margaret Gribbon said work on the appeal was already under way, describing several findings as "hugely problematic."
Editor charged over 'indecent online communications'
The editor of the Times and Sunday Times in Scotland, David McCann, has been suspended following charges over indecent online communications. Police Scotland arrested him after searching a property in Edinburgh on 25 November, and he appeared in court the next day, making no plea before being bailed for further examination. News UK said the investigation is unrelated to his work.
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SENTENCING
Not proven verdict to be scrapped from 1 January
Major justice reforms in Scotland, including the abolition of the historic 'not proven' verdict, will take effect from 1 January, with a higher threshold for guilty verdicts in jury trials. The Victims, Witnesses and Justice Reform (Scotland) Act will also require the parole board to consider whether a murderer has refused to disclose a victim’s remains and to prioritise the safety of victims and their families, with these provisions coming into force from 23 March.
EMPLOYMENT
Employment Rights Bill stalls again
The Employment Rights Bill faces further delays after the House of Lords rejected a Government compromise on unfair dismissal claims. Peers supported a Conservative proposal to review the plan to abolish compensation caps in unfair dismissal cases. Business Minister Baroness Lloyd argued that removing the cap would reduce incentives for complex discrimination claims. The Employment Rights Minister, Kate Dearden, said it was time for the Lords to deliver the Bill, commenting: "Tory peers and cross-party peers decided to vote against the Government. And we've been really clear. This is a mandate that we were elected on." TUC general secretary Paul Nowak said: "Continuing to vote down the Employment Rights Bill... is undemocratic." The Bill aims to enhance workers' rights, including sick pay and parental leave, but businesses have expressed concerns over increased costs. 
THE LAW
Lords urged not to block assisted dying plans
Senior opponents of the proposed assisted dying legislation warn that the House of Lords risks losing its democratic legitimacy due to delays caused by over 1,000 amendments. In a letter to the Guardian, former ministers Justin Madders and Dame Nia Griffith, along with Debbie Abrahams, urged peers to avoid filibustering the Bill. They noted that only 80 amendments have been debated so far. The letter said: "If the Lords resort to blocking procedures... this is effectively breaking this convention." Concerns grow as the Bill may run out of time before a vote, risking its failure in Parliament.
FIRMS
Ledingham Chalmers reports record growth
Ledingham Chalmers, based in Aberdeen, has reported a turnover of £16.2m, marking an 8.6% increase for the year ending March 31, 2025. Pre-tax profits rose to £3.6m from £3.2m. The firm attributes its growth to investments in talent, technology, and workspace improvements.
Appointments
Rural law specialist Kirsty Irvine has joined Blackadders in Aberdeen as a senior solicitor, specialising in all aspects of rural legal matters. Elsewhere, Inksters Solicitors has expanded into construction law, with Peter McLean-Buechel joining the firm's Glasgow office as a consultant solicitor to provide specialist advice.
PRISONS
UK risks breaching human rights obligations
The National Preventive Mechanism (NPM) warns that the UK risks breaching its obligations under the European Convention on Human Rights due to poor treatment in care homes, prisons, and immigration detention centres. The NPM's annual report highlights "deepening concern" over conditions that fall short of human rights standards. Chair Sherry Ralph said: "This report highlights concerning and avoidable conditions that affect so many in the UK." The report identifies overcrowded prisons, violent immigration centres, and inadequate care for autistic individuals as key issues.
OTHER
Whistleblower reward scheme 'not a guaranteed win'
HMRC has launched a new reward scheme for whistleblowers, offering higher payouts to encourage reporting of unpaid tax. Senior officials believe this could lead to the recovery of significant amounts of unpaid tax. However, the scheme is based on an untested hypothesis and raises concerns about the risks for informants, including potential professional blacklisting. Nick Barnard, a partner at law firm Corker Binning, noted that the scheme's success is uncertain and could lead to questions about HMRC's resource allocation if it fails. The scheme, he warns, "is not a guaranteed win."
 


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