Legal Matters Scotland
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10th March 2025

A free early morning round up of news for legal professionals across Scotland.
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INDUSTRY
Lawyers threaten boycott over fees
Lawyers in Scotland are poised to boycott the new Summary Case Management (SCM) initiative unless there is a "significant" increase in legal aid fees. Simon Brown, President of the Scottish Solicitors Bar Association (SSBA), indicated that this could lead to severe backlogs in sheriff courts. The SCM, which aims to streamline non-jury cases, has been piloted in five courts and is set to roll out nationally. However, the SSBA argues that the current fees have not kept pace with inflation, with the core fee remaining unchanged since 1999. Brown highlighted a "crisis in the funding of the Criminal Defence Bar," noting a significant drop in solicitors available for this work. The SSBA is currently negotiating with the Scottish Government, which has acknowledged the need for reform but has yet to offer an increase in fees.


 
THE LAW
Scotland urged to act on misogyny
The Scottish Government faces pressure to implement new laws addressing misogyny by next year's International Women's Day. The Greens, led by equalities spokeswoman Maggie Chapman, highlighted a "global revival of misogynistic behaviour" exacerbated by the Trump administration. Chapman remarked: "Women's hard-won rights are not immune to this dangerous agenda," emphasising the need for legislative action. Previous consultations proposed making it an offence to incite hatred against women and to send threatening messages related to sexual violence. Chapman urged that these laws must be in place, warning: "We cannot allow that to happen again," referring to the Scottish Government's previous withdrawal of a Human Rights Bill. She stressed that legislation is crucial in combating misogynistic abuse and violence, calling for broader cultural change alongside legal reforms.
Councils urged to enforce greyhound regulations
An investigation by animal welfare activists has revealed that Scots-based greyhound trainers are transporting dogs illegally, often on round trips exceeding 10 hours without the necessary licences. Critics argue that greyhounds are treated as disposable commodities, moved for racing and then abandoned when no longer useful. The Greyhound Board of Great Britain (GBGB) launched a welfare strategy in 2022 to protect racing greyhounds, and in 2019, greyhounds trained or racing in Scotland tested positive for banned drugs such as cocaine and amphetamine. The Scottish Greens MSP Mark Ruskell – whose bill to ban greyhound racing in Scotland will be voted on next month by MSPs in the Scottish Parliament – said welfare regulations should be able to protect greyhounds from harm if they are properly enforced, adding that “in the case of transportation, they are clearly not.”
Police told not to seize illegally owned XL bullies
Leaked emails have exposed Police Scotland's directive to refrain from seizing XL bully dogs without an exemption certificate, citing “financial implications.” Despite new legislation prohibiting the breeding and sale of these dogs, officers were instructed to act only if the dogs posed a direct threat to public safety. A senior officer's email revealed that a seized XL bully named Blue was returned to its owner after four months in kennels, despite lacking the necessary certificate. A source expressed concern, stating: "We are literally waiting for something terrible to happen before we take action."


 
HEALTH
Thousands dying on NHS Scotland waiting lists
Scotland's NHS waiting lists have seen a record 10,000 people die "in limbo" in the last year, with the number of deaths in the queue for specialist care more than doubling in a decade. The number of people dying while waiting for initial hospital consultations has risen more than 200% since 2014. Deaths while awaiting agreed-upon procedures, such as surgery, have increased by 21%, from 690 in 2013–14 to 2,151 in 2023–24. Over the same ten years, the number of deaths while awaiting initial outpatient consultations has increased to 8,153, the highest number ever.  Public Health Scotland warned that the figures were likely to be an underestimate. Issues have been flagged with the totals for three mainland health boards, with NHS Tayside and NHS Borders likely to have undercounted patient deaths. 
PROPERTY
More than 700,000 Scots homes are not fit for habitation
Over 700,000 homes in Scotland have been deemed unfit for habitation, with a significant rise from 54,000 in 2018 to 729,000 in 2023, representing 27% of properties. This increase is attributed to amendments in Scots law mandating smoke and carbon monoxide detectors in private rentals. Many homes also suffer from damp and mould, with 270,000 affected. Campaigners are urging the Scottish Parliament to adopt Awaab's Law, which would require landlords to address such issues promptly. The Scottish Tenants Organisation described the situation as "appalling and unacceptable," calling for urgent government action to improve housing standards.
HOUSING
Housing failings for Gypsy Travellers
The treatment of Gypsy Travellers in Scotland has been described as one of the "biggest scandals" in human rights violations, according to campaigner Rosanna McPhee. The historical injustices date back to the Tinker Experiment, which aimed to assimilate Gypsy Travellers into settled life, often resulting in substandard housing and the removal of children. Despite the official end of the experiment in the 1980s, McPhee asserts that "racial discrimination" persists today. Recent findings from the Scottish Housing Regulator revealed that Fife Council failed to meet housing standards, prompting calls for accountability and an apology from the Scottish Government. The Scottish Government has committed to improving conditions for Gypsy Travellers, with nearly £15m allocated for better accommodation.
CASES
Legal showdown over changing room rights
The Press and Journal reports that the employment tribunal involving nurse Sandie Peggie and Dr Beth Upton has drawn attention to workplace legislation regarding single-sex spaces. Peggie, who has served at the Victoria Hospital in Kirkcaldy for 30 years, was suspended after an incident in the female changing room on Christmas Eve 2023. She claims harassment under section 26 of the Equality Act 2010, citing indirect harassment, victimisation, and whistleblowing. The case has prompted the Equality and Human Rights Commissioner to remind NHS Fife and the Scottish Government of their obligations. Naomi Cunningham, representing Peggie, remarked that gender legislation "reignited" her passion for law, which she had considered retiring from.
CRIME
Spy ring exposed
In a significant counter-terrorism operation, six Bulgarians have been convicted of espionage for Russia, with their activities spanning nearly three years. The group, operating from a guesthouse in Great Yarmouth, was involved in spying on a US airbase in Germany and plotting to kidnap and murder opponents of the Kremlin. The spies used sophisticated technology, including hidden cameras and drones, and were financed by fugitive businessman Jan Marsalek. Their operations were cut short by British police raids in February 2023.
TECHNOLOGY
AI revolutionises the legal profession
Rob Aberdein, Group Managing Director of Simpson & Marwick, writes in the Scotsman that AI is becoming essential in both personal and professional realms. He points out that the legal sector, traditionally reliant on precedent, is at a pivotal moment as AI and machine learning tools advance. While some firms are already leveraging AI for efficiency and improved client transparency, others risk falling behind. Aberdein says the challenge lies in balancing technology with the human touch, necessitating investment in both tools and training. He adds that smaller firms can benefit from legal tech to compete with larger firms, while clients increasingly seek technologically adept legal services.
FIRMS
Scullion LAW's Stephanie Grieve honoured at Forces awards
Scullion LAW Senior Solicitor Stephanie Grieve has received the Military Values in Business Award at the Scottish Forces in Business Awards 2025. The accolade, often referred to as the 'Oscars of veteran employment', acknowledges the significant contributions of the Armed Forces community in business.
ECONOMY
Rising bills threaten local families
Millions of families are bracing themselves for a cost of living crisis as rents, council tax, water charges, and energy bills are set to rise next month. Prime Minister Keir Starmer is reportedly considering £6bn in cuts due to disappointing economic data. The Living Rent campaign group warns that thousands could face homelessness, while councils have announced significant increases in council tax, with some rising by 15.6%. Energy bills are also expected to rise, with the average household facing a £111 increase. The Scottish Government is aiming to introduce permanent rent regulations, but fears remain that landlords will exploit the interim period.
AND FINALLY...
Rugby players urged to join legal action
Rylands Garth has initiated an advertising campaign aimed at former rugby players, encouraging them to join a legal action against the sport's authorities. The ad says: "Played elite rugby? You could have brain damage," and offers a no win, no fee arrangement for those interested. It is noted that the Solicitors Regulation Authority is investigating allegations from former England prop Will Green, who claims he felt pressured to join the group action despite not suffering any injury.
 


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