A sharp slice of what matters in Scottish law

The Law Society of Scotland has urged political parties to prioritise reform and investment in legal aid ahead of the Holyrood election, warning of an "ever-worsening crisis" in access to justice caused by political inaction. In its Justice Matters roadmap, the society sets out six priorities for the next Scottish Parliament, including modernising the justice system, improving legislative quality and ensuring sustainable legal aid fees. President Patricia Thom said rising social and economic pressures make a well-funded justice system essential to fairness, democracy and economic prosperity. The Scottish Government said reforms are under way to simplify legal aid, widen eligibility and improve fees, including through an independent review of fee sustainability, to ensure timely access to representation and fair pay for solicitors.

 

STV

Press Release

The Scotsman

 

Records were not kept of key discussions overseeing Scotland’s emergency early prisoner release scheme, raising concerns over transparency. The Assurance Group, responsible for planning the releases, kept no formal minutes during critical decision-making, relying instead on a heavily redacted action log. The scheme followed warnings of critical prison overcrowding and led to the staged release of 139 prisoners, fewer than initially eligible after governors vetoed some cases on safety grounds. Critics say the lack of records undermines accountability, while the Scottish Government insists decisions were properly documented in line with legal requirements.

 

Daily Mail (Scot)

 

The Auditor General for Scotland and His Majesty's Inspectorate of Constabulary in Scotland (HMICS) released a report indicating a decline in public confidence in local policing. While the report praises the management and leadership within the police, it highlights the need for significant reforms and better resource utilisation. Craig Naylor, His Majesty's Chief Inspector of Constabulary, stated: "Policing must constantly adapt to new forms of crime." The report also noted that only 45% of the public rated their local police as doing an "excellent" or "good" job, down from 61% a decade ago.

 

Daily Mail (Scot)

The Herald

The Press and Journal

Sir Tom Hunter, one of Scotland's leading businessmen, has warned that Scotland’s higher income tax regime is damaging recruitment, investment and growth, with consequences for both businesses and public services overseen by Scottish Government. Launching an entrepreneurs’ manifesto via his foundation, Hunter called for income tax cuts, alignment with UK bands, and an end to what he described as punitive marginal rates that deter professionals from working in Scotland. He also urged a "bonfire of quangos", consolidation of enterprise agencies and reduced red tape to free resources for business support. Other proposals include reform of non-domestic rates, faster planning for major developments, and greater energy investment. Hunter argues these measures could create jobs, improve competitiveness and increase the tax base, with implications for Holyrood budgets and council-led services.

 

The Times (Scotland)

Daily Mail (Scot)

The Scotsman

HM Revenue and Customs (HMRC) is implementing a new penalty points system aimed at habitual tax offenders. The system will replace the existing penalties for some taxpayers who fail to meet self-assessment deadlines. Instead of an immediate £100 fine for a missed return, taxpayers will receive a penalty point. At a certain threshold of points, £200 will be charged. Liam Coulter, tax director at Wilson Nesbitt, said: "HMRC’s change to a points-based system appears to be a fairer alternative to the automatic fines administered previously, with the new system designed to penalise persistent offenders rather than those who have made honest mistakes."

 

The Daily Telegraph

Family farms in Scotland will face significant tax increases due to a new policy from the Scottish Government. Starting April 1st, properties that allow shooting will lose eligibility for the small business bonus scheme (SBBS), which currently provides tax relief. Sarah-Jane Laing, chief executive of Scottish Land & Estates, warned that this change could "inflict real damage" on rural communities. The Scottish Finance Secretary, Shona Robison, confirmed that while some rates will remain unchanged, businesses involved in shooting will be excluded from the SBBS. The Scottish Greens claim credit for this policy shift.

 

The Daily Telegraph

Seven Kenyan workers cannot pursue compensation claims against Browns Plantations Kenya, formerly James Finlay (Kenya) Ltd, for injuries sustained on its plantation. The Scottish court ruled that the claims must follow the Work Injury Benefits Act (WIBA) rather than common law. Sheriff Christopher Dickson stated that the Supreme Court of Kenya would likely apply WIBA, which limits the workers' ability to claim for pain and suffering. The ruling means the workers must seek compensation through the Kenyan administrative process instead of the courts.

 

The Herald

The Italian Sea Group (TISG) has filed a €456m (£397m) lawsuit against Angela Bacares Lynch, widow of tech tycoon Mike Lynch, claiming negligence led to the sinking of the superyacht Bayesian. The lawsuit alleges that the crew failed to follow safety protocols during a storm, resulting in significant financial losses for TISG. A source close to the Lynch family described the claim as "cynical" and highlighted unresolved questions about the yacht's design. TISG claims it has not sold a single yacht since the incident, suffering a "ruinous" loss of revenue.

 

The Daily Telegraph

Barbara and Douglas Daniel, aged 80 and 75, are facing allegations of cruelty towards seven children in their care from 1986 to 1991. A key witness, now 53, testified that she endured severe punishments, including being forced to stand with geese and sleep on stairs. The woman reported lasting emotional effects and nightmares from her experiences. The Daniels, now residing in Kent, deny the charges, and the trial continues under Sheriff Louise Arrol KC.

 

STV

West Lothian Council is tightening its inspection regime for council houses to address the issue of void homes. These empty properties cost the council over £500,000 annually to refurbish, with each requiring more than £10,000 to prepare for re-letting. Councillor Angela Doran-Timson emphasised the importance of regular inspections, noting: "It's about protecting homes, supporting tenants and ensuring families waiting for homes aren't left waiting for years." The council aims to enhance measures to prevent property abandonment and improve tenant responsibility.

 

The Daily Record

Glasgow City Council will begin implementing new 20mph speed limits across approximately 3,700 streets starting in March. The initiative aims to enhance road safety and is expected to be completed by Autumn 2025. Councillor Angus Millar commented: "We absolutely want to reduce deaths to zero and the number of injuries as far as possible." The project aligns with the Government's Vision Zero plan to eliminate road deaths by 2050. Data from Edinburgh shows a significant reduction in crashes after similar limits were introduced. However, enforcement may be challenging due to police resource constraints.

 

Glasgow Evening Times

Two secondary schools in Edinburgh have begun a pilot scheme restricting mobile phone use. The City of Edinburgh Council is consulting on expanding this initiative to all schools, with feedback from parents, pupils, and staff due by March. Portobello and Queensferry high schools currently use lockable pouches to limit phone access. Councillor James Dalgleish clarified: "We want these new measures to be brought in as soon as is practical." The council aims to ensure that the restrictions address concerns while promoting a positive learning environment.

 

Glasgow Evening Times

Edinburgh Evening News

The Daily Record

The Scotsman

West Lothian Council has passed a motion urging a ban on the manufacture and sale of loud fireworks. Conservative councillor Alison Adamson described current firework legislation as "a toothless tiger" and highlighted the distress caused by noise to various community members, including pet owners and vulnerable individuals. She noted the pressure on emergency services due to firework misuse and mentioned a Private Members Bill aiming to reduce firework noise limits. Fellow councillor Peter Heggie supported the motion, stating that fireworks have become associated with anti-social behaviour.

 

Edinburgh Evening News

The Daily Record

Labour politicians have voted to remove protections for Northern Ireland veterans, leading to accusations of betrayal. The vote, which passed 373 to 106, rescinded measures that barred civil actions against the UK Armed Forces. Former SAS commander Richard Williams stated: "In years to come, I am convinced the country will look upon veterans hounded into very old age by the Government's unchecked and despicable lawfare much as it now regards shell-shocked soldiers executed by firing squad during World War One." The Government argues the Legacy Act was rejected by both Unionist and Nationalist communities.

 

Daily Mail (Scot)

The opening of a new divorce law firm in Milan suggests that former UK non-doms may be regretting their relocation. Maria Fiorito, a partner at Vardags, noted a significant increase in clients with ties to both the UK and Italy. The firm has seen a surge in requests for divorce proceedings, with many clients realising they prefer the UK’s more favourable divorce courts. Fiorito stated: "The majority of these decisions are driven by tax and tax planning." The trend highlights the complexities faced by wealthy individuals navigating new tax regimes and personal relationships.

 

City AM

UK inflation rose to 3.4% in December, up from 3.2% in November, according to the Office for National Statistics. The rise was driven by higher tobacco prices due to excise duty increases, as well as rising airfares and food costs. Analysts had forecast a rise to 3.3%. Yael Selfin, chief economist at KPMG UK, said: "Today’s data likely closes the door on a February interest rate cut by the Bank of England but rate cuts later in the year are still expected." Elsewhere, Thomas Pugh, chief economist at RSM UK, said the bump in inflation was temporary and he expected it to "step down to 3% in January, before dropping to around 2% in the second quarter."

 

Sky News

Bloomberg

Financial Times

The Guardian