A sharp slice of what matters in Scottish law
Scottish Edition
15th May 2026
 
THE HOT STORY
Concerns raised over timetable for sex purchase ban commission
Documents released under freedom of information laws show a leading candidate withdrew from consideration to chair the Scottish Government’s new commission on criminalising the purchase of sex over concerns about "very challenging timescales". The commission, now chaired by former Police Scotland deputy chief constable Fiona Taylor, was established after MSPs rejected Ash Regan’s prostitution bill earlier this year. The commission will examine how the purchase of sex could be criminalised "safely and effectively" in Scotland, with ministers supporting the principle but raising concerns about the original legislation. Campaign groups have also questioned the commission’s remit and timetable, with the final report expected within nine to 12 months of its first meeting.

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INDUSTRY
Bain resigns as Lord Advocate
Dorothy Bain, the current Lord Advocate, has announced her intention to resign, as confirmed by a Scottish government spokesperson. Appointed by Nicola Sturgeon in 2021, Bain's departure comes amid discussions about the dual role of the Lord Advocate as both chief prosecutor and government adviser. She previously served as principal advocate depute and was the first woman in that role. Bain's tenure included significant drug policy reforms and legal advice against a second independence referendum. First Minister John Swinney is now seeking a replacement for her position.
Law Society warns over anti-money laundering reforms
The Law Society of Scotland has warned that UK Government plans to centralise anti-money laundering regulation under the Financial Conduct Authority could weaken efforts to tackle economic crime. The proposals, expected in forthcoming legislation, would remove oversight powers from professional bodies. The Law Society said the reforms risk increasing costs, bureaucracy and regulatory complexity for Scottish law firms, particularly smaller practices, while undermining specialist sector knowledge and existing compliance systems.

 
THE LAW
Britain leads call for ECHR reform
Britain and 45 European nations are set to announce a political declaration aimed at reforming the interpretation of the European Convention on Human Rights (ECHR). This initiative seeks to clarify how the ECHR should be applied, particularly regarding deportations of failed asylum seekers and foreign criminals. Yvette Cooper, the Foreign Secretary, said: "We want to ensure that immigration systems can't be unfairly gamed" but insists that "absolute protections" will remain, despite concerns from the UN Committee Against Torture about the declaration's implications. Critics argue the declaration is non-binding and ineffective, while charities warn it could undermine human rights protections. The declaration is expected to address Articles 3 and 8 of the ECHR, which currently hinder deportation efforts. Ms Cooper and Lord Hermer, the Attorney-General, will represent the UK at a meeting of foreign ministers in Moldova where the declaration is due to be finalised.
SENTENCING
Consultation launched on Scottish domestic abuse sentencing guideline
The Scottish Sentencing Council has launched a 12-week public consultation on a draft guideline covering sentencing for domestic abuse offences. The proposed guidance aims to improve consistency in sentencing and provide greater clarity for victims and the public about how courts reach decisions. The draft highlights the lasting harm caused by domestic abuse, including coercive control, economic abuse and physical or sexual violence, and outlines aggravating factors that could lead to tougher sentences. It also covers the use of non-harassment orders. Responses to the consultation, which closes on 6 August 2026, will help shape the final guideline before submission to the High Court for approval.
Domestic abusers often evade prison
New figures from the Scottish Sentencing Council (SSC) reveal that 80% of domestic abusers north of the Border avoid prison, receiving lighter sentences like Community Payback Orders instead. There were 86,204 such disposals made by the courts between 2017/18 and 2023/24, with only 18% leading to prison. Critics argue this leniency undermines victims' rights. Liam Kerr, the Scottish Conservatives' justice spokesman, said: "It is shocking that too many domestic abusers are avoiding proper punishment."
CASES
Patients 'anxious' over Eljamel Inquiry delay
Lawyers for the Eljamel Inquiry said former patients of disgraced neurosurgeon Sam Eljamel were left "anxious and suspicious" after delays to evidential hearings were not publicly explained sooner. Hearings due to begin in April were postponed over fire safety concerns at the inquiry’s Edinburgh venue, which lawyers said could have prevented public attendance. Senior counsel Jamie Dawson KC criticised the lack of communication around the delay, saying it fuelled confusion and speculation among patients and families. The Scottish Government said it recognised the distress caused and was working to ensure future hearings remain accessible while resolving issues with the building.
Tetra Technologies faces hefty fine after tank failure
A chemical company has been fined £350,000 after a storage tank burst at Tetra Technologies UK’s Peterhead site, leaving contractor Philip Moir with life-changing injuries. The 62-year-old was swept through the yard by nearly 500,000 litres of calcium chloride solution after the corroded tank failed in June 2023. Investigators found corrosion problems had been identified a decade earlier but no remedial action was taken. Mr Moir suffered multiple fractures, internal injuries and chemical burns. The Health and Safety Executive described the incident as "completely preventable".
FIRMS
Burness Paull hits £100m turnover milestone
Burness Paull has achieved a significant milestone, surpassing £100m in turnover for the first time, with a 12% increase to £105.2m for the financial year ending March 31. Gross profit rose by 27% to £45.7m. The firm rewarded its employees with a 10% all-employee bonus, in addition to individual performance bonuses. Managing partner Mark Ellis stated: "Surpassing £100m turnover is a significant milestone." Chairman Peter Lawson noted increased demand in the M&A market and highlighted the firm's expertise in complex mandates and restructuring.
MFMac becomes legal supporter of Homeless World Cup Foundation
Morton Fraser MacRoberts has become an official legal supporter of the Homeless World Cup Foundation. The partnership will see the firm provide legal and advisory support to help the organisation manage its global operations and annual tournament. The Foundation supports football-led programmes tackling homelessness across 75 member countries and reaches more than 220,000 people annually.
TRANSPORT
Rail lines given red rating for anti-social behaviour
ScotRail figures obtained through a Freedom of Information request have revealed that, based on the operator's traffic light system, the Stirling to Arbroath and Edinburgh to Dunblane rail routes have the highest levels of anti-social behaviour in Scotland. ScotRail's travel safe team attended the most incidents on the two lines, responding to issues including intoxication, verbal abuse of staff, trespassing, youth anti-social behaviour, and "event-related disorder". Two Fife routes were given amber ratings due to reports including vandalism and assaults on staff. Customer operations director Phil Campbell said the team does "an excellent job in promoting a safe railway environment", and that ScotRail will continue to work with British Transport Police to tackle issues.
FRAUD
Scotsman sentenced for massive fraud scheme
Stuart Wilson, a 40-year-old Scot, has been sentenced to five and a half years in prison for a £700,000 fraud scheme that targeted 32 suppliers. Operating from a "boiler room" in Glasgow, Wilson created fake companies using real people's identities to obtain goods on credit. Prosecutor David McLean KC stated: "Orders were placed with those suppliers... obtaining the goods, then disappearing." Wilson has a history of fraud, with 11 previous offences since 2005.

 
STV
Accountant handed community sentence over VAT fraud
An accountant linked to Glasgow restaurateurs jailed over a £682,882 VAT fraud has received a community payback order after admitting recklessly submitting false VAT returns. Khalid Javid was ordered to complete 250 hours of unpaid work. The court heard he did not personally benefit from the fraud.
HOUSING
Glasgow could fail to meet homelessness requirement for years
The Herald reports that a Glasgow City Council strategy analysis has projected that the city will fail to meet its legal requirement to provide temporary accommodation for all homeless individuals and households until at least the eighth year of a ten-year recovery plan, following a sharp rise in demand and alongside rising costs and a shortage of available housing. The number of households applying as homeless has risen by a quarter in the last three years alone, from 6,742 in 2022/23 to 8,445 in 2024/25, and the council has said that work is ongoing "to mitigate against this shortage through exploring alternatives to bed and breakfast accommodation, including increased use of the Private Rented Sector".
OTHER
Rayner cleared by HMRC
Angela Rayner, the former Deputy Prime Minister, has been cleared by HMRC regarding her tax affairs. Ms Rayner resigned in September 2025 after admitting to underpaying stamp duty on an £800,000 flat in Hove. She says that she has settled the £40,000 she owed in unpaid stamp duty and has now been "exonerated."

 

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