Legal Matters Scotland
Sign UpOnline Version
17th April 2025

A free early morning round up of news for legal professionals across Scotland.
Sign up here for your free daily edition

THE LAW
Supreme Court backs 'biological' definition of woman
The UK Supreme Court has unanimously ruled that under the Equality Act 2010, the terms 'woman' and 'sex' refer to biological sex, not legal sex as defined by a Gender Recognition Certificate. The decision concludes a high-profile case brought by campaign group For Women Scotland against the Scottish Government. The ruling means organisations will have legal backing to protect single-sex spaces such as changing rooms, lavatories and women's shelters on the basis of biological sex. The court also emphasised that while the ruling affirms sex-based protections apply to those born female, it does not diminish legal protections for transgender individuals under the characteristic of gender reassignment. First minister John Swinney said his Government accepted the court's judgment. He added: "We will now engage on the implications of the ruling. Protecting the rights of all will underpin our actions." Baroness Falkner, chairwoman of the Equalities and Human Rights Commission, said the result of the ruling "cannot be overstated" and her organisation would review its guidelines as a matter of urgency.


 
INDUSTRY
Law Society to promote sustainable practices
The Law Society of Scotland has partnered with the Legal Sustainability Alliance (LSA) to promote sustainable practices among solicitors and law firms in Scotland. The partnership offers reduced-fee access to the LSA's extensive network and resources, complementing the Law Society's sustainability hub initiatives. The LSA will support the Law Society's initiatives to inform, equip, and empower legal professionals to adopt a net-zero approach in their personal, professional, and operational capacities. The partnership aims to help Scottish law firms measure, manage, and reduce their emissions, benefiting from the resources and experience of the LSA network. The LSA is hosting a free online event for Law Society members on 23 April to celebrate the partnership.
Private equity fuels law firm growth
Research from Hazlewoods reveals that law firms backed by private equity are experiencing growth rates double that of the average legal profession. Over the past two years, these firms saw a revenue increase of 30%, compared to 15% for the UK's largest firms. Andy Harris, a partner at Hazlewoods, said: "Rather than seeking to disrupt the industry, private equity is taking a careful approach." With over £1.2bn invested in UK law firms since the Legal Services Act 2007, private equity is reshaping the sector. Zulon Begum from CM Murray noted that private equity investors are "driving operational efficiencies," while Neil Lloyd of Lawfront described the legal market as "a fragmented, early stage consolidation opportunity." However, concerns remain about the sustainability of growth and the impact on traditional partnership models.
Judicial guidance on AI unveiled
This week, updated judicial guidance on the use of AI in courts was released, addressing common pitfalls and best practices for judicial office holders, including court clerks and judges. The document highlights signs that AI may have been used, such as unfamiliar case names and American spellings. It warns that AI-generated content may appear persuasive but could contain significant errors. The guidance states: "AI may be the only source of advice or assistance some litigants receive," stressing the need for caution. Additionally, it discusses the risks of deepfake technology and advises against relying on AI for legal research based on US law. Microsoft's AI tool, Copilot, is now available on judges' computers, although its use is not explicitly encouraged. This guidance comes amid increasing AI adoption by lawyers and litigants-in-person.


Hatch new plans this Easter and join the list for Plug & Play Law

Plug & Play Law gives you more of the fees you generate; complete freedom of how, where and when you work; and allows you to focus on doing the legal work that you love to do. Are you thinking of hatching new plans this Easter for your next move in legal practice? If you complete the Easter Plug & Play Law Scorecard, you will find out if Plug & Play Law is a good fit for you. You are then on our list and we will be in touch soon to see if we can hatch plans together in 2025.Time to spring into action and complete the Plug & Play Law Scorecard now!

Read more

 
CASES
Google faces £5bn class action lawsuit
Google is facing a class action lawsuit in the UK, seeking up to £5bn in damages for allegedly abusing its dominance in the internet search market. The claim, filed by competition law expert Or Brook, accuses Google of overcharging businesses for advertisements by restricting competition through preinstalled apps on Android devices and paying Apple to make its search engine the default on iPhones. Brook stated: "Regulators around the world have described Google as a monopoly," pointing out that businesses have limited options for advertising. The Competition and Markets Authority is currently investigating Google's search services and their impact on advertising markets, noting that Google accounts for 90% of searches in the UK.
NHS Fife urged to concede Sandie Peggie case
NHS Fife is under pressure to concede an employment tribunal case involving a transgender doctor's use of a female changing room, following yesterday's Supreme Court ruling clarifying the legal definition of a woman. Conservative MSP Murdo Fraser claims the judgment leaves the health board with no defence. Nurse Sandie Peggie was suspended after objecting to Dr Beth Upton, a trans woman, using the female space, and has since filed a claim citing the Equality Act. NHS Fife has acknowledged the ruling and said it will carefully consider its implications.
Businessman guilty of stalking
Michael Paton, a 76-year-old businessman, has been found guilty of stalking a woman after a single date, causing her fear and alarm through repeated unwanted contact. Despite being asked to stop, Paton continued to message Muriel Guthrie, turned up at her home with flowers, and approached her at work. He also made extravagant offers, including trips to Spain, Australia, and shopping for a Rolls-Royce. At Perth sheriff court, he was fined £800 and issued a three-year restraining order.
COURTS
Sheriff notes prevalence of ADHD claims among young criminals
Sheriff Paul Haran has expressed concerns over the increasing number of young offenders claiming to suffer from ADHD, noting that he hears this claim "almost daily" in court. During the sentencing of 21-year-old Callum Forsyth for drug offences, Haran remarked that it seems the entire 19 to 25 age group is being diagnosed with the condition. Forsyth, who had been found with £62,000 worth of cannabis edibles and 4.7kg of herbal cannabis, admitted to the charges. This case highlights a broader trend of rising ADHD diagnoses and prescriptions in Scotland, with NHS prescriptions for ADHD medication increasing seven-fold over the past decade.
POLICING
Government urged to review policing in Edinburgh after stabbings
The Scottish Government has been urged to take action following two alleged stabbings in Edinburgh, which left three teenage boys and a 47-year-old man hospitalised. Labour MP Chris Murray voiced concerns over what he described as "inadequate and insufficient" police resources, particularly in the Portobello area, where he has received numerous reports of anti-social behaviour. The incidents involved a blade attack on three boys on Saturday and a separate stabbing in Abbeyhill on Monday, leading to two arrests. Murray has called for an urgent review of policing capacity in the city by Justice Secretary Angela Constance.
OTHER
US consulate in Edinburgh could be closed under Musk cuts
The US consulate in Edinburgh, which has operated for over 200 years, is at risk of closure due to proposed budget cuts of 48% to the US State Department under Donald Trump's administration. The cuts, driven by Elon Musk's Department of Government Efficiency, could affect nearly 30 diplomatic missions worldwide. While the State Department says operations are continuing as normal, the Scottish Government has pledged to do all it can to preserve ties with the US.
 


Legal Matters Scotland is designed to help you stay ahead, spark ideas and support innovation, learning and development in your organisation.

The links under articles indicate original news sources. Some links lead directly to the source material. Others lead to paywalls where you may need a subscription. A third category are restricted by copyright rules.

For reaction and insights on any stories covered in Legal Matters Scotland, join the discussion by becoming a member of our LinkedIn Group or Business Page, or follow us on Twitter.

 

This e-mail has been sent to [[EMAIL_TO]]

Click hereto unsubscribe