Legal Matters Scotland

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COURTS
Scotland's sexual offences court established
Scotland is set to establish a specialist Sexual Offences Court, aimed at improving the prosecution of sexual crimes and enhancing the experience of victims. Audrey Nicoll, convener of Holyrood's criminal justice committee, said: "I welcome the opportunity to create a bespoke court which is trauma-informed." The initiative follows the introduction of the Victims, Witnesses, and Justice Reform (Scotland) Bill in April 2023, addressing concerns over low conviction rates for rape and the re-traumatisation of victims during trials. The new court will handle serious sexual offences, including rape, and will require judges and defence lawyers to complete specialist training. Lady Dorrian's review group recommended the dedicated court to minimise trauma for victims and ensure a consistent approach across Scotland's judicial system.


 
THE LAW
Legal challenge against trans toilet guidance
The Good Law Project (GLP) has initiated a legal challenge against the Equality and Human Rights Commission (EHRC) regarding its interim guidance on trans individuals' access to toilets. Following a Supreme Court ruling that defined "woman" and "sex" in biological terms, the EHRC stated that trans women should not use women's facilities. GLP argues that this guidance "authorises and approves unlawful discrimination" and is "wrong in law." Jolyon Maugham KC, GLP's founder, described the Government's stance as "needlessly cruel," forcing trans individuals to use inappropriate facilities. The EHRC plans to consult on a more detailed code of conduct by June, but GLP insists the guidance is irrational and breaches the UK's obligations under the Human Rights Act 1998.
Medics free from assisted dying duty
In a significant development, MPs in England and Wales have approved a change to the Terminally Ill Adults (End of Life) Bill, ensuring that "no person", including medical professionals, is obliged to participate in assisted dying. This amendment extends the existing opt-out for doctors to include pharmacists and social care workers. The debate, which lasted nearly five hours, saw supporters argue that the Bill now has stronger safeguards, while opponents raised concerns about insufficient protections. Dame Esther Rantzen, who is terminally ill, called for MPs to support the Bill, describing it as a "crucial reform". Labour MP Kim Leadbeater emphasised the need for legalisation to prevent desperate actions by terminally ill individuals. The Bill, applicable only to England and Wales, would allow terminally ill adults with six months left to live to seek assistance in ending their lives, subject to approval from two doctors and an expert panel.



 
CASES
M&S faces class action over data breach
Marks & Spencer is preparing for a significant legal challenge following a cyber attack that compromised the personal data of thousands of Scottish customers. Thompsons Solicitors is set to initiate a class action lawsuit against the retailer, which has acknowledged that sensitive information, including phone numbers, addresses, and dates of birth, may have been accessed by hackers. M&S has reassured customers that no payment details were compromised. The potential compensation claims could exceed £100m, with M&S already experiencing a decline in share prices and sales. Patrick McGuire, senior partner at Thompsons, stated: "The law in this matter is very clear and it beggars belief that an institution like M&S did not have the robust systems that law demands to prevent the real risk of identity theft and fraud."
Tax dodger faces legal action
Paul Baxendale-Walker, a struck-off solicitor linked to the Employee Benefit Trusts (EBTs) used by Rangers, has been warned of potential prosecution for promoting tax avoidance schemes. He has received two Stop Notices, marking the first instance of such notices being issued to an individual rather than a company. HMRC believes the schemes involve artificial arrangements aimed at claiming tax deductions without genuine business purposes. Jonathan Smith, HMRC's Director of Counter Avoidance, stated: "The courts have already concluded that Mr Baxendale-Walker designed and sold multiple tax avoidance schemes that don't work as claimed." Baxendale-Walker was previously involved in advising Rangers on the EBT scheme, which led to the 'Big Tax Case' against the club.
INDUSTRY
Aberdeen City Council's £1m law bill revealed
Aberdeen City Council has incurred over £1m in legal fees in the past two years, primarily due to controversies surrounding library closures and park redevelopment. A Freedom of Information request by The Herald disclosed that the council spent £1,050,817 on external legal services since January 2023. Protests erupted when the council announced plans to close six libraries, leading to legal action from residents who claimed the council violated the Equality Act. Additionally, plans to redevelop St Fittick’s Park have sparked further legal challenges, with campaigners arguing the project breaches the Equality Act.
HOUSING
Investors voice concerns over housing law
The director of Firethorn, Marcus Weeks, has expressed significant concerns regarding the recent amendments to housing law affecting student accommodation in Scotland. As the Housing (Scotland) Bill progresses, the inclusion of rent cap legislation for purpose-built student flats has raised fears of stalled investment. Weeks noted: "Recent years have seen Edinburgh consistently ranked as a prime city for residential investment," but warned that the new regulations could lead to a decline in development and increased rents. A report by the Scottish Property Federation and Savills highlighted a nearly 30% year-on-year drop in build-to-rent accommodation delivery due to previous rent controls. Living Rent, a tenants' union, has called for stronger rent controls to combat rising student homelessness and affordability issues.
POLICY
MPs call on PM to classify IRGC as terrorists
Over 550 MPs and peers have urged Sir Keir Starmer to classify Iran's Islamic Revolutionary Guard Corps (IRGC) as a terrorist organisation due to escalating national security concerns. This call follows the recent court appearance of three Iranian former asylum seekers accused of espionage for Tehran. A letter to the PM says: "Appeasing this faltering regime betrays democratic values." The IRGC is linked to various regional proxies, and the letter highlights the worsening human rights situation in Iran, with 901 executions reported in 2025, according to Volker Türk, the UN's human rights chief.
CRIME
Farage calls for child abuse inquiry
Reform UK councillors are set to demand a national inquiry into child sex grooming gangs, particularly focusing on the abuse of mainly white girls by men of Pakistani heritage in areas like Rotherham and Oldham. Reform UK leader Nigel Farage said: "We're putting the Government on notice: Reform councils will never sweep abuse by rape gangs under the carpet." The Government has resisted calls for a national inquiry, preferring local investigations, which Reform claims have been obstructed by Labour councillors. Justice Secretary Shabana Mahmood has promised a "moment of reckoning" for those who ignored the scandal.
POLICING
Police chief suspended after disturbance
Chief Superintendent Pat Campbell has been suspended by Police Scotland following a disturbance in Airdrie on April 20. The 54-year-old was arrested and charged, later released on an undertaking to appear at Airdrie Sheriff Court. Previously, Campbell served as the executive lead for organised crime and counter-terrorism. He was also the senior officer overseeing the investigation into Sheku Bayoh, who died in police custody in 2015. A spokesperson for Police Scotland confirmed the incident, stating, “A 54-year-old man has been arrested and charged in connection.” The case remains active as the Crown Office reviews the report.

 
STV
FINANCE
MSPs describe 'catalogue of failures' at water watchdog
A report from Holyrood's Public Audit Committee has highlighted a "catalogue of failures" of governance at the Water Industry Commission for Scotland (WICS), leading to the "inappropriate and unacceptable" use of public funds. With widespread reporting of "inappropriate and unacceptable" spending on training courses for senior staff, hospitality, and workforce benefits, the committee also found that there had been a "serious lack of oversight from the Scottish Government". The committee has called for the WICS board to undergo additional training, and for the Scottish Government to review how it identifies concerns with the running of public bodies in order to catch future issues more quickly.
EDUCATION
Primary pupil excluded over knife incident
South Ayrshire Council has confirmed that a seven-year-old pupil at Heathfield Primary School has been excluded after the pupil was found to have brought a knife to school. Police Scotland have said that officers were alerted to the incident, attending the school and providing "suitable advice". A spokesperson for the council said that at "no point were any pupils in the class or staff harmed or threatened, and the situation was resolved without disruption to the wider school". Parents, carers, and other relevant agencies were notified of the incident, the council said.
IMMIGRATION
PM's immigration speech a 'dog whistle to voters'
Former First Minister Humza Yousaf has criticised Prime Minister Sir Keir Starmer's recent speech on immigration reform - saying Sir Keir's "invocation of 'strangers' is a modern echo" of Enoch Powell, "a dog whistle to voters who blame migrants for every social ill, from stretched public services to the cost-of-living crisis". The speech, he argued, "betrays a failure to understand, or deliberately mask, the fact that Britain's prosperity depends on migration, on openness – not building walls", adding that under Labour's proposals neither Mr Yousaf's father or the father of Scottish Labour leader Anas Sarwar "would have been allowed into the UK to build prosperous lives, not only for their own families but for the hundreds, if not thousands, of people they have employed over the years".
INDEPENDENCE
Lord Gove: 'Overwhelming' support would justify second referendum
Former Conservative Cabinet minister Lord Gove has told BBC Scotland's The Sunday Show that while he does not believe a second independence referendum is "necessary at the moment", if there was an "overwhelming desire on the part of the Scottish people for one then we'd have to review the decision". Lord Gove, who entered the House of Lords this week, said supporters of the union should not "assume any degree of complacency", and argued that the current Governments should "retain confidence" by focusing on the economy, health and transport, rather than on the constitution.
INTERNATIONAL
Supreme Court halts rushed deportations
The Supreme Court in the US has ruled against the Trump administration's attempt to rapidly deport Venezuelan immigrants, citing a violation of due process. In a 7-2 decision, the justices said: "Under these circumstances, notice roughly 24 hours before removal... does not pass muster." The ruling emphasises that detained immigrants must have adequate time and information to seek legal counsel and contest their deportation.
 


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