A sharp slice of what matters in Scottish law
Scottish Edition
20th February 2026
 
THE HOT STORY
Swinney defends Lord Advocate over Murrell briefing
John Swinney has voiced "absolute confidence" in Dorothy Bain, after Scottish Conservative leader Russell Findlay suggested the Lord Advocate's memo to the First Minister regarding criminal charges against former SNP chief executive Peter Murrell "smacks of corruption." The controversy centres on Bain's January email detailing Murrell's alleged embezzlement of nearly £460,000, weeks before it became public, which critics claim risked breaching her neutrality and advantaging the SNP politically. Bain and Swinney defended the communication as necessary to prevent ministers from commenting on live proceedings, with senior legal figures describing the accusations as baseless and "shameful." Swinney insisted he had "absolute confidence" in Bain, who he described as an "outstanding" lawyer of "unimpeachable service".

 
INDUSTRY
Lord Advocate office 'long past time to reform'
Jim Gallagher in the Times argues that the Office of Lord Advocate is outdated and suffers from inherent conflicts of interest because it combines the roles of Scotland's chief prosecutor and the Government's principal legal adviser. He notes that the dual role can create situations where the Lord Advocate must recuse themselves from politically sensitive prosecutions, while also advising the government on legislation that may conflict with prosecutorial priorities. Gallagher adds that the office's medieval origins and ministerial status further complicate independence, and past cases - such as the handling of Alex Salmond and Peter Murrell - highlight the risks of perceived or actual political influence.
Lawyers wary of AI's legal prowess
New research reveals that only 20% of lawyers have high trust in AI-generated legal work. A survey by Paragon of over 250 legal professionals found that 67% have corrected AI outputs, and 58% are uncomfortable submitting AI-drafted documents to regulators or courts. Nearly half (47%) reported internal conflict over AI automation. While lawyers are open to automating lower-risk tasks, they remain cautious about critical decisions. Concerns include accuracy (57%) and data security (51%). To boost confidence, 41% want mandatory human sign-off, yet 15% feel nothing will change their scepticism.
Law firms face fierce talent battle
The legal sector is experiencing a talent war as law firms compete with tech companies for skilled lawyers. The rise of legal tech has intensified this competition, particularly for those with technological literacy. Nick Woolf, partner at Woolf&Co, said: "What we're seeing is less about technical proficiency and more about technological literacy." Many lawyers are leaving private practice for in-house roles, seeking flexibility. Legal tech firms are actively recruiting experienced lawyers, with 90% of legal engineers at Legora being former lawyers. This trend suggests a shift in career aspirations within the legal profession.


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.

 
CASES
Andrew Mountbatten-Windsor arrested
Andrew Mountbatten-Windsor was arrested at his home in Sandringham on Thursday on suspicion of misconduct in public office. The arrest follows allegations the former duke shared sensitive documents with Jeffery Epstein while he was the UK’s trade envoy. Mountbatten-Windsor was released under investigation nearly 11 hours after his arrest. The King said in a statement released hours after Mr Mountbatten-Windsor’s arrest that “the law must take its course” but that he would not comment further.
PRISONS
One in four early release prisoners accused of re-offending
Nearly a quarter of prisoners released early under a Scottish Government policy have been accused of re-offending, according to Jo Farrell, Police Scotland Chief Constable. She reported that of nearly 300 early releases in November and December, 71 individuals faced allegations, with shoplifting being the most common offence. The policy, aimed at reducing overcrowding, excludes serious offenders. Scotland's prison population reached a record high of 8,431 in November last year, prompting the need for immediate action from Justice Secretary Angela Constance.
THE LAW
Holyrood committee faces backlash over ecocide bill
The Holyrood net zero, energy and transport committee has been accused of disregarding parliamentary intent regarding legislation that would outlaw ecocide in Scotland. Edward Mountain, the committee's convener, suggested pausing the bill, citing concerns over rushed legislation. MSPs previously voted in favour of the bill, which would criminalise severe environmental harm. Monica Lennon, the bill's sponsor, expressed concern at the committee's decision, stating: "The will of Parliament is clear with 90 MSPs backing the Bill at Stage 1." She urged the committee to reconsider its stance before the session ends.
GOVERNMENT
PM blocks Trump from using RAF bases for Iran attack
The UK is blocking a request by the US to use RAF bases for an attack on Iran claiming that doing so would be in breach of international law. The refusal to allow the US use of RAF Fairford in Gloucestershire and Diego Garcia - which have runways suitable for long-range bombers - prompted Donald Trump to condemn the UK’s deal to hand over the Chagos Islands to Mauritius on Wednesday. The Telegraph points out that under a treaty between the US and the UK, the US would only need to "notify" the UK of its intention to use Diego Garcia. Legislation that would enshrine the UK's agreement on the Chagos Islands with Mauritius into British law has stalled in the House of Lords after the Conservatives intervened.
TAX
Scotland's property taxes soar to £23,350
Scotland's Land and Buildings Transaction Tax (LBTT) revenue reached £753.6m in 2025, a 17.8% increase from 2024. This averages £2.06m collected daily, with significant contributions from landlords and second home buyers. The 8% Additional Dwelling Supplement (ADS) raised £235.7m, nearly a third of total revenue. The average tax per transaction was £20,760, with £23,350 on a £500,000 property. This compares to £15,000 in England. David J Alexander, CEO of DJ Alexander Scotland Ltd, noted that while the market remains strong, high taxes may deter long-term investment: "The current LBTT policy will, in the long term, reduce investment activity."
INTERNATIONAL
Amazon faces lawsuits over suicide claims
The Washington Supreme Court has ruled that Amazon must face lawsuits from families whose relatives died by suicide after using a chemical purchased on its platform. The court rejected a lower court's decision that deemed suicide a superseding cause, allowing the families to pursue negligence claims under Washington state product liability law. The families allege that Amazon has long been aware of the chemical's link to suicide yet continued to sell it without restrictions. The court's ruling was unanimous.
OTHER
SFA lawyers probe racial abuse claim
Livingston F.C. manager Marvin Bartley says lawyers from the Scottish Football Association have spoken to Jeremy Bokila as part of an investigation into alleged racial abuse during last month's match against Aberdeen. Bokila, who was sent off in the 6-2 defeat, was left distressed after the incident, which Aberdeen says the accused player strongly denies. Bartley said the club is fully supporting Bokila while the matter is now in the hands of the SFA.

 

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