A sharp slice of what matters in Scottish law
Scottish Edition
19th January 2026
 
THE HOT STORY
Milly's Law aims for accountability
Scottish Labour leader Anas Sarwar has pledged to introduce "Milly’s Law" following a major admission by NHS Greater Glasgow and Clyde that hospital environments were causally linked to infections. The Scottish Hospitals Inquiry is examining the Queen Elizabeth University Hospital and the Royal Hospital for Children in Glasgow after deaths including that of ten-year-old cancer patient Milly Main. NHSGGC now accepts that problems with the hospital water system were more likely than not connected to bloodstream infections between 2016 and 2018, reversing its earlier stance. Sarwar described the admission as a turning point, accusing NHS managers and SNP ministers of failing families and whistleblowers. Milly’s Law would create an independent public advocate with powers to investigate serious healthcare incidents and establish accountability.

 
INDUSTRY
Legal aid funding crisis deepens
The Scottish Government's recent budget reveals a below-inflation increase in legal aid funding, raising concerns about access to justice. Roddy Dunlop KC, Dean of the Faculty of Advocates, stated that legal aid practitioners are leaving the profession in "droves." The budget allocates £195m to legal aid, but only £170.5m is for client services, a mere 3% increase. Ian Moir, co-convenor of the Law Society of Scotland's legal aid committee, expressed frustration over the disparity in funding. He warned that without urgent reforms, access to justice will become an aspiration rather than a right.
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THE LAW
Digital assets ownership defined in Scotland
The Scottish Government has clarified the ownership of digital assets through the Digital Assets (Scotland) Bill. Daniel Johnson, convener of the Economy and Fair Work Committee, stated that this legislation could "open up economic opportunities." The Bill confirms that certain digital assets are legally recognised as objects that can be owned. While the committee approved the general principles of the Bill, they noted that further legal adjustments may be necessary in the future. The Bill specifically defines a digital asset as something that is rivalrous.
Government pulls amendment to Hillsborough Law after backlash
The Government has withdrawn an amendment to its Hillsborough Law following a backlash from campaigners and some Labour MPs. The proposed law aims to make public authorities and officials more accountable for failings, but the Government’s amendment sought to make cooperation by intelligence officers subject to the approval of the head of their service. This angered campaigners and risked a rebellion from around 30 Labour MPs. A spokesman for the Government said it will instead work with campaigners and the bereaved to bring forward amendments when it reaches the Lords "to make sure the bill is the strongest it can possibly be, without compromising national security".
Holyrood committee backs school restraint bill
MSPs on Holyrood's education, children and young people committee have unanimously voted to support the general principles of the Restraint and Seclusion in Schools Bill, proposed by Scottish Labour's Daniel Johnson. Committee convener Douglas Ross said the Bill would be a "vital tool in ensuring the safety of children and young people in Scotland's schools", noting that committee members had heard "disturbing evidence about the use of restraint and seclusion", a practice that "is being carried out inconsistently and, worryingly, sometimes parents are not even aware restraint and seclusion have been used".

 
STV
HOLYROOD
Scottish Government faces court contempt risk
The Scottish Government risks contempt of court after failing to meet a deadline for releasing files related to an investigation into former first minister Nicola Sturgeon. The Scottish Information Commissioner, David Hamilton, stated that the Government informed him of their decision just before the deadline. Hamilton previously ruled that the Government improperly withheld information regarding Sturgeon’s dealings with Alex Salmond. He warned that if the Government does not comply by 22 January 2026, he will refer the matter to the Court of Session, which may treat the failure as contempt of court.
PRISONS
Scotland's prisons face drug crisis
Scotland's prisons are grappling with a severe drug crisis, according to a report from the Criminal Justice Committee. The inquiry revealed systemic health failures, including overcrowding and inconsistent treatment. The committee emphasised the need to view substance misuse as a public health issue rather than a justice one. Committee convener Audrey Nicoll warned: "Substance misuse in Scotland's prisons is not simply a justice issue, it is a public health one." The report calls for dismantling barriers between health and justice to improve recovery outcomes and reduce reoffending.
Scottish prison policy faces legal challenge
Rhona Hotchkiss, a former governor of HMP Cornton Vale, has condemned the Scottish Prison Service's (SPS) transgender policy ahead of a judicial review scheduled for February. She argues that there are effectively no women's prisons in Scotland, stating that if the policy continues, these facilities should be termed "mixed units." Hotchkiss asserted: "If the prison service doesn't get these biological males out of women's prisons, they cannot call these women's prisons." The review follows significant public backlash over the housing of transgender individuals in women's facilities.
TAX
Scots face tax squeeze as budget bites
Donna Brennan, a partner at Weightmans, writes in the Scotsman, that the Scottish Budget has confirmed rising tax burdens on income, wealth, and property for many Scots. She says the unique legal and tax position in Scotland is often overlooked, complicating financial planning for families. Inheritance tax, based on UK-wide assumptions, does not align with Scotland's distinct legal system. Brennan adds that with a cap on Agricultural and Business Property Relief set for 2026, more estates may face new tax challenges. She stated: "Tax policy should support stability and growth, not undermine it."
FIRMS
Thorntons strengthens Aberdeen team with new hires
Thorntons, a Dundee-based law firm, has expanded its Aberdeen team by hiring Jennifer Young and Sarah Stuart from Ledingham Chalmers. Young, a construction law specialist with over 20 years of experience, has held significant roles, including chair and managing partner. Stuart, dual-qualified in English and Scots law, focuses on commercial contracts in the energy sector.
TRANSPORT
Scots law under scrutiny after tanker seizure
Scotland's Lord Advocate, Dorothy Bain, is investigating the legal implications of the Russian-flagged oil tanker Marinera entering Scottish waters. The US military seized the vessel, claiming it is part of a shadow fleet violating sanctions. First Minister John Swinney expressed frustration over the UK Government's lack of communication regarding the tanker’s arrival. He stated: "There could well be implications for the exercise of Scots law." The investigation will assess whether Scots law is being followed and the welfare of the crew, which includes 17 Ukrainians and two Russians.
TECHNOLOGY
Most Highland schools have introduced phone bans
A report in the Press and Journal reveals that more than 60% of schools in the Highland Council area have now introduced some form of ban on mobile phones for pupils. Of the region's 163 primary schools, 101 have now introduced phone bans, while the same is true of 17 of the region's 31 secondary and special schools. Cllr Michael Gregson said he was "delighted" with progress on bans, saying: "I asked the question a couple of months ago in the council about how well it was progressing and far too many schools were at a vague decision. So the number that have taken action now, it is encouraging."
Ofcom hires security amid online abuse
Ofcom has engaged a security consultancy to protect its staff following online harassment during an investigation into Elon Musk's X. The media regulator's online safety team faced a wave of abuse, including offensive images generated by X's Grok bot. Ofcom previously hired Control Risks, a firm founded by ex-SAS officers, to enhance employee safety. The recent tender specifies "bespoke external online security checking" to identify and mitigate risks for staff. Ofcom has not commented on the situation.
CORPORATE
Biffa compensation bid over deposit scheme fails
Court of Session judge Lord Sandison has rejected waste management firm Biffa's claim for £51.4m of compensation for losses it claims to have incurred after the Scottish Government's bid to introduced a deposit return scheme was blocked by the UK Government. Lord Sandison said the court had not been "concerned with the question of who (if anyone) ought to be regarded as bearing political responsibility for the failure of the Scottish deposit return scheme to launch in August 2023", but was "only concerned with the legal questions of whether the defenders owed a duty of care to the pursuer in either of the regards contended for, and, if so, whether any such duty was breached and loss was thereby caused to the pursuer".
CalMac must co-operate with probe, says committee head
Edward Mountain, the convener of Holyrood's transport committee, has urged Scottish Government ministers to ensure that ferry operator CalMac co-operates with an official investigation into allegations that an alleged £150,000 'golden goodbye' payoff to former chief executive Robbie Drummond breached public sector severance rules. Mr Mountain welcomed the investigation, but said that CalMac's "lack of public comment, even to indicate that they would co-operate with the civil service's probe, shows that they are aware they should have consulted ministers on the ridiculous sum". "CalMac has a history of mishandling public funds", he added, "so this incident will do nothing to improve the confidence the public has in how their money is being spent."
BREXIT
More Scots would vote to rejoin EU
A new poll conducted by Survation for True North Advisors has found that 73% of voters in Scotland would vote to rejoin the European Union if given the opportunity, up from the 62% who voted Remain in 2016, compared to just 27% who would vote to remain outside the EU. There was clear majority support for rejoining the bloc among SNP, Scottish Green, Scottish Labour and Scottish Liberal Democrat voters, while 43% of Scottish Conservative voters and 34% of Reform UK voters would vote to rejoin. Andrew Liddle from True North Advisors said the figures mean "efforts by Sir Keir Starmer's government to reset relations with Brussels are likely to be welcome, even if many are likely to think they do not go far enough".

 

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