A sharp slice of what matters in Scottish law

The Scottish National Party (SNP) is challenging the Supreme Court's ruling on the definition of a woman despite insisting it accepts the decision. They seek a legal declaration that removing biological males identifying as transgender women from female prisons breaches human rights. For Women Scotland, which led the Supreme Court case, has initiated new legal action to declare guidance on single-sex spaces in Scottish prisons unlawful. Trina Budge, director of For Women Scotland, said: "Male murderers are still being held in the female prison estate." The move comes amid growing pressure on Bridget Phillipson, the UK women and equalities minister, to publish final guidance on how employers and public bodies should implement the Supreme Court ruling.

 

The Daily Telegraph

Herald Scotland

The Scotsman

 

The Conservative leader of the House of Lords has said peers are entitled to prevent the assisted dying legislation from returning to the Commons if they run out of time to debate it. MPs voted for the Terminally Ill Adults (End of Life) Bill last year and supporters are now accusing some peers of tabling excessive amendments to slow its passage in a bid to thwart it. Asked if he thought it would be unconstitutional for peers to allow the legislation to fall, Lord True disagreed. He said: "It’s perfectly constitutional. The House of Lords has a duty to help the Government get its business in real time, but this is a Private Member’s Bill." Under the rules the bill has to clear all its remaining stages in parliament before the current session ends, most likely in May, or it will fall. Meanwhile, a proposal put forward by Lord Falconer of Thoroton for extra time to be given to the debate was passed without a vote. He warned that if peers failed to reach a conclusion "it would significantly damage the reputation" of the House of Lords.

 

The Daily Telegraph

The Independent UK

The Times

Inksters are supporting the ABS Scotland Group as founding members and with Brian Inkster being a member of the committee.

The Group was born out of frustration with the Law Society of Scotland’s delays in implementing Alternative Business Structures (or Licensed Legal Service Providers) in Scotland.

By 2025, there had already been a 15-year delay in implementation following on from the Legal Services (Scotland) Act 2010. There was hope that the Regulation of Legal Services (Scotland) Act 2025 would speed the process up. However, instead, the Law Society of Scotland announced a freeze of at least another two years on doing anything at all on ABS.

The main objective of the Group is to encourage and facilitate the introduction of ABS to Scotland.

You can join the ABS Scotland Group by completing the membership application form.

 

Sir Ian Forrester KC, a distinguished lawyer, has described his Scottish identity as a "professional and personal asset." He received a knighthood for his contributions to international law and was previously honoured with a lifetime achievement award. Forrester, who has practised law in Scotland and New York, emphasised the importance of pro bono work, stating: "Access to justice must be a feasible reality for anyone." He reflected on significant cases, including the Bosman ruling, and expressed concerns about Brexit's impact on trade. He continues to work actively in the legal field at 80 years old.

 

The Herald

MSPs have backed the principles of the Building Safety Levy Bill (Scotland), a new tax on certain new residential developments to fund repairs to unsafe cladding after the Grenfell Tower disaster. Expected to raise about £30m a year from April 2028, the levy would support Scotland’s cladding remediation programme. Critics, including housebuilders and legal bodies, warn it could slow construction, raise costs and create uncertainty, while supporters argue it is essential to fund vital safety work.

 

BBC News

Duncan Welsh has received £3,325 after being wrongfully imprisoned for a week due to a clerical error. On December 6, 2023, a sheriff granted him bail, but a court clerk mistakenly recorded that the request was denied. Welsh was held at HMP Barlinnie until the error was discovered. The Scottish Courts and Tribunals Service acknowledged the mistake, admitting it breached Welsh's human rights. Sheriff Fergus Thomson noted Welsh's familiarity with custody and stated: "The pursuer was wrongly detained for a period of seven days."

 

STV	Glasgow Evening Times

Five trade unions have reported McDonald's to the UK's National Contact Point (NCP) for failing to address sexual harassment against young staff in its UK restaurants. The unions allege that junior workers, primarily teenagers, have faced persistent harassment since at least 2019. The NCP has determined that the complaint merits further investigation and will offer mediation. McDonald's has stated it cannot be held accountable for incidents in its franchised locations, which comprise most of its 1,450 UK branches. Alistair Macrow, UK CEO, has apologised and initiated an investigation unit.

 

BBC News

Daily Mail

Google and Character.AI have reached a mediated settlement regarding lawsuits filed by families claiming AI chatbots harmed minors, including a case linked to the suicide of 14-year-old Sewell Setzer III in 2024. The lawsuits span multiple states, including Florida and Texas, and await final court approval. Megan Garcia, Setzer's mother, alleged that her son became emotionally reliant on a Game of Thrones-themed chatbot. This incident has raised concerns about child safety in AI, prompting Character.AI to restrict chat access for users under 18. "Parties have agreed to a mediated settlement in principle," the Florida filing stated.

 

The Guardian

The Prime Minister has condemned the use of Grok, an AI tool on social media platform X, for producing sexualised images of children. He described the situation as "disgusting" and "unlawful," urging X to take immediate action. Sir Keir Starmer said that all options should be considered by media regulator Ofcom. The Internet Watch Foundation reported that Grok was used to create abusive imagery of children aged 11 to 13.

 

Sky News

Lindsays has appointed two new partners in Edinburgh: commercial property specialist Stephanie Nichol from Balfour and Manson, and private client lawyer Rob McNab from Burness Paull. Their arrival takes the partnership to 56, reflecting growing demand across key practice areas.

 

Scottish Legal News

Glasgow City Council has admitted liability for a 2023 incident that saw 50-year-old Colin Shaw suffer life-changing injuries when a lamppost collapsed on him on Kirklee Road, and has been ordered to pay a fine of £86,000. An investigation into the incident found that the lamppost was in operation twice over its expiry service life of 20-25 years, with a 2022 inspection failing to recognise the extent of corrosion compromising its stability. A spokesperson said the council has "updated and improved" its approach to maintenance.

 

Glasgow Evening Times

BBC News

Herald Scotland

The Daily Record

Moray Council has spent nearly £20,000 on eviction attempts over the past decade, achieving only a 14% success rate. Data from a freedom of information request shows the council initiated 428 court cases since 2015, with just 63 resulting in evictions, costing taxpayers £17,812. The council attributes the low success rate to eviction being a "last resort." Court fees average around £123 per case, with the council defending its spending as a means to prompt better tenant engagement.

 

The Press and Journal

The Serious Fraud Office (SFO) has confirmed that nine victims of a 2002 email fraud will receive 10% of their lost funds, totalling over £400,000. Abdullah Ali Jammal, a former bank director, defrauded victims of £4.4m through a scheme promising commissions for releasing money from countries like Nigeria. Although Jammal fled the UK before charges were filed, the SFO froze his accounts and traced victims globally with international assistance. SFO director Nick Ephgrave described the case as "groundbreaking," highlighting a new approach to civil recovery that allows funds to be returned directly to victims.

 

The Times

Ministers may need to repeal post-Brexit laws on gene-edited crops due to EU negotiations. The UK seeks an opt-out from EU regulations that restrict commercialisation of these crops. However, EU negotiators insist on alignment with their laws. This could jeopardise the Genetic Technology (Precision Breeding) Act 2023, which aimed to enhance crop traits. Rachel Hallos, vice-president of the National Farmers’ Union, said: "Without such an exemption, there is a risk that there will be a loss of momentum and increase in uncertainty." The future of gene editing in the UK hangs in the balance.

 

The Times

A Glasgow City Council report to be discussed at a committee meeting next week reveals that the council received 65,216 reports of fly-tipping between January 2024 and November 2025, with a total of just 396 fixed penalty notices issued to offenders over the same period. The figures were revealed in response to a question submitted by Cllr Soryia Siddique, who accuses the council's administration of having "neglected its responsibilities", saying it "remains in denial about the consequences of its decisions - particularly when it comes to keeping our city clean". "Residents are rightly frustrated by the lack of enforcement", she said, while those "who abuse our neighbourhoods are simply getting away with it while communities are left to deal with the mess and associated health risks."

 

Glasgow Evening Times

Scottish Secretary Douglas Alexander has announced that five regions in Scotland will share in a total of £140m from the Local Growth Fund over the next three years - with Glasgow City to receive £60.9m, Edinburgh & South East to receive £37.8m, Tay Cities to receive £19.5m, Ayrshire to receive £11.8m, and the Forth Valley to receive £9.8m. Funding allocations will be controlled by the UK Government, Mr Alexander said, while allocations from the same fund in Wales will "rightly and reasonably" be decided by the Welsh Government. SNP depute leader Keith Brown said the announcement "confirms decisions by the UK Government at Westminster are done with a blatant political bias", and "marks the clearest undermining of devolution by this Labour Government to date".

 

Gov.uk

thenational.scot

Falkirk Herald

Fife Today