Legal Matters Scotland
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6th March 2025

A free early morning round up of news for legal professionals across Scotland.
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INDUSTRY
Law firms ditch billable hours
As the costs of legal services soar, law firms are increasingly moving away from traditional billable hours to flat-fee billing systems. Research by Clio indicates that 54% of UK law firms expect fixed-fee billing to rise in the coming year. Sarah Murphy, general manager of EMEA at Clio, said: “Clients are pushing for more predictable pricing structures, and many firms are recognising that hourly billing doesn't always reflect the value of the work delivered.” The integration of AI into legal practices is a significant factor driving this change, with 62% of firms anticipating increased AI use. This shift aims to enhance client satisfaction and align with corporate budgeting needs, as general counsels express concerns over rising legal costs. Despite this trend, many top firms still maintain internal targets for billable hours, indicating a complex transition in the industry.


The Future of Law: Why Automation is No Longer Optional
Legal automation is transforming how firms operate, yet many are still slow to adapt. While some embrace workflow automation and digital case management to boost efficiency and client service, others risk falling behind. Firms leveraging automation are reducing errors, improving accuracy, and freeing up time for strategic work. It’s not just about efficiency—it’s about profitability, better client experiences, and smarter operations. From case management to document generation, the right technology eliminates bottlenecks, enhances collaboration, and ensures compliance. With solutions like Denovo’s case management platform, automation isn’t just an advantage - it’s a necessity. Is your firm ready?

Read the full article to find out.

 
POLICING
Police place escort adverts to catch paedophiles
Police forces are placing bogus online adverts offering escort services as part of efforts to catch paedophiles. The undercover tactic, labelled Operation Overview has led to the arrest of 58 men who are considered "high-harm" threats to Scottish children. Some 19 other men have been identified in England, Wales, and other jurisdictions. The force claims Operation Overview enhances their ability to respond more efficiently and effectively to high-harm online sexual abuse and exploitation threats within Scotland. The operation was launched two years after a police watchdog accused the force of failing to prioritise tackling online child sexual abuse. Former chief inspector of HMICS, Gillian Imery, said that a more robust proactive capability on the part of Police Scotland would reduce the opportunities for online child abuse activist groups to operate.
THE LAW
Abortion buffer zone law fails to stop vigils
The anti-abortion group 40 Days For Life is planning to hold vigils in Glasgow from March 5 to April 13, while adhering to a 200-metre exclusion zone around the Queen Elizabeth University Hospital. Mary Gilroy, an organiser for 40 Days For Life, confirmed the group would not breach the law. But Green MSP Gillian Mackay, who championed the Safe Access Zones Act, said: "The days ahead will be a real test of my Safe Access Zones Act." A Police Scotland spokesperson said: "We are aware of proposed protests and they will be policed accordingly."


 
CASES
Crossbow killer acquitted on health grounds
A man who used a crossbow to kill his mother because he believed she was poisoning his food has been acquitted of her murder, as well as the attempted murder of his sister, after a special defence was submitted on his behalf. Daniel Parker, 37, believed his family had betrayed him and that he was featuring in his own version of The Truman Show - the 1998 film about a man who discovers he is being filmed for a reality TV programme. Parker, now a patient at Carstairs State Hospital, was also found not guilty of breaching firearms legislation by having a stun gun in his possession. The advocate depute said that Parker was diagnosed with a "recurring personality disorder" in 2021 and that doctors described him symptoms as a "paranoid personality trait".
Rogue surgeon faces criminal charges
Victims of rogue surgeon Sam Eljamel say they feel "vindicated" after been told there is enough evidence for a criminal investigation into his actions during his tenure at NHS Tayside from 1995 to 2013. Eljamel, who is currently operating in Libya, is believed to have harmed around 200 patients, with many suffering severe consequences, including blindness and PTSD. Lord Advocate Dorothy Bain confirmed that the investigation could take 18 months to two years to commence. Detective Chief Superintendent Paul Livingstone acknowledged the impact of the case on victims and assured that the Major Investigation Team is now handling the inquiry with the necessary expertise. A public inquiry into Eljamel was announced in September 2023.
Royal Mail faces £1.2bn class action
The Competition Appeal Tribunal (CAT) has approved a £1.2bn class action against International Distribution Services (IDS), the owner of Royal Mail, for allegedly abusing its dominant position in the bulk mail market. Bulk Mail Claim Ltd, representing around 290,000 customers, claims that Royal Mail's anti-competitive practices led to inflated prices for bulk mail services since 2014. Andrew Wanambwa, a partner at Lewis Silkin, said: “Royal Mail's abuse of its dominant position in the bulk mail market resulted in the overcharging of hundreds of thousands of bulk mail customers.” This legal challenge comes amid a £3.57bn acquisition attempt of IDS by billionaire Daniel Křetínský's EP Group. Royal Mail has previously faced fines from Ofcom for similar violations.
TECHNOLOGY
Apple launches legal challenge to UK ‘back door’ order
Apple is challenging the UK Government's demand for a "back door" in its secure cloud storage systems by filing a complaint with the Investigatory Powers Tribunal. This legal action marks the first test of the 2016 Investigatory Powers Act, which allows UK authorities to break encryption. Apple received a "technical capability notice" in January targeting its Advanced Data Protection for iCloud, which it has since withdrawn from the UK. Despite this, the UK Government insists Apple has not complied with the order. US President Donald Trump has condemned the UK's demand, likening it to Chinese surveillance, while Tulsi Gabbard, US director of national intelligence, warned that accessing Americans' data would violate privacy agreements. The UK argues that breaking encryption is essential for public safety and combating terrorism.
EMPLOYMENT
Businesses brace for rising costs
New research indicates that four in five businesses anticipate increased costs due to the Government's Employment Rights Bill reforms. The bill allows the Fair Work Agency to pursue employment tribunal claims on behalf of workers, even if they choose not to sue. Peter Cheese, chief executive of the Chartered Institute of Personnel and Development, said employers are already reconsidering workforce plans in light of the bill. The Government's own estimates suggest a 5% rise in tribunal cases, with costs potentially reaching £208m over ten years, primarily affecting businesses. Dan Pollard, a partner at Charles Russell Speechlys, said: "This is brilliant news for employment lawyers, but sadly not for employers." He added: "This is frankly a draconian use of the power of the state and will place huge pressure on employers to settle disputes."
Employment law changes will prove a “growth killer”
John Hayes, managing partner at Constantine Law, warns that amendments to the Employment Rights Bill could severely harm the UK's flexible labour market. He describes the changes as a “growth killer” rather than a growth maker, particularly highlighting the proposal to extend “guaranteed hours” to agency workers. This could lead to rigidity in a market known for its flexibility, raising questions about who will bear the costs of cancelled shifts and how pay will be managed across different periods. The Government claims these changes aim to enhance job security, but Hayes argues: “The promise to guarantee a fixed set of hours to agency workers is the most damaging and dangerous for the economy.”
CORPORATE
SNIB urged to invest in arms
Stewart McDonald, a former SNP MP, has called for Scotland's National Investment Bank (SNIB) to invest in arms companies, arguing it would demonstrate Scotland's commitment to supporting Ukraine and enhance prospects for a future independence referendum. “The SNIB has a ban on investing in companies that produce munitions. That has to go,” McDonald said, adding that he believes that changing this policy could be achieved with a simple board vote, without the need for legislation.
OTHER
Lawyer fined for rude nicknames
Benedict Foster, a former senior solicitor at BNP Paribas, has been ordered to pay £31,000 to the Solicitors' Regulation Authority after admitting to using "rude" nicknames for colleagues, including "Pol Pot" and "Jabba the Hutt". The nicknames were uncovered during an internal inquiry by BNP Paribas in 2021.
 


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