Legal Matters Scotland
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24th April 2025

A free early morning round up of news for legal professionals across Scotland.
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CASES
Prison and health board face prosecution over Covid death
Scotland's first criminal prosecution of a private prison has been announced following the death of Calum Inglis, a 34-year-old inmate who died alone in his cell at HMP Addiewell after contracting Covid-19 in 2021. The Lord Advocate has instructed proceedings against both Sodexo Ltd, which operates the prison, and NHS Lothian, over alleged failures to provide adequate medical care during Inglis’s isolation, despite his repeated pleas for help. Inglis, who was asthmatic and unvaccinated, deteriorated rapidly over 12 days, texting family about coughing blood and losing the ability to walk, before being found dead on October 24. His family and solicitor Aamer Anwar described the prosecution as "historic," marking one of the first legal actions in connection with Scotland’s 6,000 reported Covid-related deaths, and the first involving a private prison.
Scottish schools must provide single-sex lavatories
A Scottish judge has ruled that schools must provide single-sex toilets, following a landmark legal challenge against Scottish Borders Council's decision to install only gender-neutral facilities at a primary school. Parents Sean Stratford and Leigh Hurley brought a judicial review over their concerns around the policies at Earlston Primary School, where their son was a pupil. The case, supported by campaign group For Women Scotland, comes in the wake of the Supreme Court ruling affirming the legal definition of sex in equalities law. Lady Ross KC announced she would issue a declarator, c, making legal obligations on Scottish state schools clear.
Four linked to Glasgow restaurant empire accused of VAT fraud
Four individuals linked to a restaurant empire are accused of being "knowingly concerned in the fraudulent evasion of VAT" amounting to £1.1m between November 2011 and October 2016. Antonio Carbajosa, Kevin Campbell, Mary Carbajosa, and Khalid Javid denied the allegations during a hearing at the High Court in Glasgow. The indictment claims that they failed to register companies for VAT and suppressed sales figures, with Javid allegedly helping to "systematically reduce" sales figures. Additionally, they are accused of diverting revenue from food delivery apps into personal accounts to conceal income. A fifth individual, Georgia McArthur, faces charges of attempting to pervert the course of justice.


 
THE LAW
Law Society condemns Chapman’s 'bigotry' accusation
The Law Society of Scotland has condemned Green MSP Maggie Chapman for her remarks accusing the Supreme Court of "bigotry" following the recent ruling on the legal definition of woman. Susan Murray, President of the Law Society, said it is "entirely unacceptable for any politician to discredit the work of our judges." First Minister John Swinney also labelled Chapman’s comments as "wrong," asserting the importance of judicial independence. Chapman defended her stance, claiming the court did not consult any trans individuals during its deliberations. Meanwhile, JK Rowling accused politicians including Prime Minister Keir Starmer of showing a "lack of accountability or remorse" in the wake of the ruling.
London law firm takes on Scottish football
The London law firm Gunnercooke has become the latest force pressing for reform in Scottish youth football, as it prepares a potential competition law challenge against the SFA and SPFL. Acting pro bono on behalf of campaign group Real Grassroots and the Children’s Commissioner, the firm argues that current academy rules - including restrictive registrations, 'no-poach' agreements and development fees - breach UK competition law. Lawyers Alexander Waksman and Mahesh Madlani say the regulations form a de facto cartel, limiting young players’ movement and discouraging clubs from improving facilities. Though the Competition and Markets Authority has yet to act on the complaint due to limited resources, Gunnercooke remains optimistic that the case will proceed, insisting the current system harms both aspiring professionals and the future of the Scottish game.


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INDUSTRY
Lawyer of the Week: Lindsay McCosh
Lindsay McCosh, a solicitor at Balfour & Manson, is the Times' Lawyer of the Week. This comes after she played a key role in the Supreme Court case representing For Women Scotland. The court unanimously ruled that under the Equality Act 2010, a woman is defined by her biological sex. Ms McCosh has highlighted the challenges of maintaining objectivity in such a divisive case, said: "Maintaining legal independence and objectivity in such a high-profile and controversial case was challenging but essential." In an interview with the paper, Ms McCosh notes that she admires Beatrice Mtetwa, a human rights lawyer from Zimbabwe, and advocates for changes to legal aid eligibility to improve access to justice.
PROPERTY
Rent cap blamed for Scottish construction fall
The number of rental homes under construction in Scotland has fallen by 26% over the past year, according to data from the Scottish Property Federation and Savills.
CORPORATE
Corporate insolvencies increase
The number of corporate insolvencies in Scotland has increased, with 1,175 cases reported for the year 2024-2025, up from 1,168 the previous year and marking a rise of nearly 4% from 2022-2023. Tim Cooper, President of R3 and Partner at Addleshaw Goddard, noted that many firms are prioritising survival over growth due to rising costs and economic uncertainty. He stated: "The prospect of having to navigate the rises in National Insurance and Minimum Wage... was too much for some directors." Meanwhile, personal insolvencies decreased to 7,412, down 8.3% from the previous year. Meanwhile, nearly half of Scottish businesses are reducing recruitment in response to tax increases introduced by the Chancellor, according to the Fraser of Allander Institute.
INTERNATIONAL
Apple and Meta hit by €700m EU fines
The EU has ordered Apple and Meta to pay a combined €700m in fines, with the penalties the first under legislation designed to limit the power of tech giants. Apple was handed a €500m fine to Apple over its App Store, while Meta must pay €200m over issues related to consent for data collection. Meta hit out at the penalty, accusing the EU of "attempting to handicap successful American businesses," while Apple said it was being "unfairly targeted." Henna Virkkunen, an EU Commissioner, said officials "have a duty to protect the rights of citizens and innovative businesses in Europe."
ECONOMY
Government borrowing hits £151.9bn
The Government borrowed more than expected last year, with Office for National Statistics (ONS) data showing that the difference between spending and income from taxes came in at £151.9bn in the year to March. This was up £20.7bn from the year before and exceeds the £137.3bn that had been forecast by the Government’s official forecasters, the Office for Budget Responsibility. Official figures also show that the debt interest paid by the Government increased by £1.3bn to £4.3bn last month. James Smith, a markets economist at ING, told BBC Radio 4's Today programme that the cost of borrowing created a "very challenging environment for the Government," while Ruth Gregory, deputy chief UK economist at Capital Economics, said the borrowing data increases the chance of the Chancellor having to increase taxes or cut spending. Darren Jones, chief secretary to the Treasury, said Rachel Reeves' self-imposed rules on borrowing were "non-negotiable," with the Chancellor having vowed not to borrow money to fund day-to-day spending.
OTHER
Scottish Greens call for King to lose stamp duty exemption
The Scottish Green party has proposed amendments to a housing bill that would require King Charles to pay stamp duty on property purchases in Scotland, ending a long-standing exemption for British monarchs. Ross Greer, the Scottish Greens' finance spokesperson, stated: "The Scottish Greens would obviously scrap the monarchy in a heartbeat, but even royalists must agree that this is an absurd and undeserved perk for someone more than capable of paying his fair share towards our public services."
 


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