A sharp slice of what matters in Scottish law
Scottish Edition
6th February 2026
 
THE HOT STORY
Bosses of polluters could be jailed
The Scottish Parliament has approved a Bill that could imprison the bosses of companies responsible for pollution. The proposed legislation would allow for both people and organisations to be convicted, with custodial sentences of up to 20 years and unlimited fines. Labour MSP Monica Lennon's proposal aims to establish the offence of ecocide, defined as acts likely to cause significant environmental harm. The Bill received support with a vote of 90 to 26 but concerns about its definitions and enforcement were raised. The government has pledged to work with Ms Lennon to ensure its passage before the parliamentary term ends.

 
PRISONS
Segregated trans prison wings 'could breach human rights'
The Scottish Government has told the Court of Session that transgender prisoners who identify as female have a right to live "fully as a woman", warning that placing them in separate transgender-only prison units or male prisons could heighten suicide risk and breach their human rights under the European Convention on Human Rights. The submission, made by Gerry Moynihan KC in a judicial review brought by campaign group For Women Scotland, defends case-by-case placement decisions that can allow biological men to be held in women's prisons following risk assessment. For Women Scotland, backed by the Equality and Human Rights Commission, argues that the policy undermines single-sex prison spaces and the privacy and dignity of women, and seeks to have the regime ruled unlawful.
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THE LAW
Terrorists exploiting ECHR for 'easy ride' behind bars
Jonathan Hall, the UK's Independent Reviewer of Terrorism Legislation, has warned that terrorists are exploiting the European Convention on Human Rights (ECHR) to manipulate prison regulations. He highlighted how Article 8, which protects private and family life, is being used by dangerous inmates to challenge their segregation, despite fears they could radicalise others. Mr Hall has warned that the "application" of Article 8 has "sprawled over the last few years." MPs, including Reform UK's Robert Jenrick, have expressed concern that the loophole could lead to significant taxpayer compensation for criminals, while Shadow Home Secretary Chris Philp said the ECHR lets criminals have an "easy ride" in prison. Justice Secretary David Lammy has ruled out leaving the ECHR but acknowledged the need for new laws to limit its application in prisons.
FIRMS
Pinsent Masons to launch in Poland
Pinsent Masons plans to open a new office in Warsaw by mid-2026, enhancing its European presence. The Warsaw team will consist of six partners with expertise in real estate, corporate/M&A, banking and finance, and construction. Bartek Kordeczka and Jakub Marcinkowski will lead the office. Andrew Masraf, senior partner at Pinsent Masons, stated: "Further scaling up our capabilities in Europe... remains a strategic objective for us."
TECHNOLOGY
AI disrupts legal tech landscape
The legal tech industry is experiencing significant disruption due to advancements in AI. The latest comes with Anthropic's new legal plugin which aims to assist in-house legal teams with various tasks, potentially saving firms substantial costs. Gregory Mostyn, CEO of Wexler AI, noted that the market is now recognising the risks posed by AI to traditional businesses.
REGULATION
FOS complaints fall following overhaul
Complaints to the Financial Ombudsman Service (FOS) fell to the lowest level in two years in Q4 2025. Between October and December, the FOS received 47,300 complaints compared to 68,400 in the closing quarter of 2024. The decline comes after an overhaul of rules from regulators and Treasury that means professional representatives now incur a £250 fee for cases beyond the first ten in a financial year. Under the new system, banks face a £650 fee after three complaints. The FOS said the changes have led to "better evidenced complaints" from professional representatives. Data shows that fewer cases are being withdrawn or abandoned. While nearly a third of complaints were withdrawn or abandoned in the last financial year, the rate fell to 19% from April to December. The Financial Conduct Authority's pause on motor finance complaints has also led to a fall in cases. 
EMPLOYMENT
AI's legal blind spot for employers
Mandy Armstrong, Director at Anderson Strathern, argues that UK employment law has failed to keep pace with the rapid adoption of AI, leaving employers exposed to legal risk because existing frameworks were not designed for algorithmic decision-making. She warns that AI can embed bias, create discrimination and unfair dismissal risks, and that employers remain legally responsible for AI-driven outcomes, requiring clear policies, transparency and human oversight. Without robust governance and safeguards, the unchecked use of AI could lead to serious legal, financial and reputational consequences for businesses.
GOVERNMENT
Government 'must stop trying to govern through courts'
Fiona Higgins, a Labour councillor in Glasgow, accuses the Scottish Government of relying on litigation to govern rather than making clear policy decisions. She highlights the recent Hamilton Enquiry FOI dispute, where the Scottish Information Commissioner initiated legal proceedings due to non-compliance. Higgins argues that this pattern of delay and escalation undermines accountability and judicial independence. She calls for the new Parliament to prioritise transparent governance, operational readiness, and respect for the judiciary, stating: "Govern clearly, govern sooner, and keep courts as a backstop - not a policy instrument."
INTERNATIONAL
Sanctions having 'significant impact' on Russian economy
David O'Sullivan, the EU's Sanctions Envoy, says sanctions are having a "significant impact" on the Russian economy, suggesting that it may be becoming unsustainable. He noted that oil revenues have halved, inflation is at 6%, and interest rates are at 16%. He added that while the EU has successfully countered some circumvention, China continues to support Russia.
ECONOMY
Bank of England holds rates at 3.75%
The Bank of England has held interest rates at 3.75%, with the Monetary Policy Committee voting 5-4 to keep the base rate at the lowest level since February 2023. The Bank has indicated that future rate cuts are "likely" due to a slowdown in inflation. Governor Andrew Bailey suggested that inflation, which currently stands at 3.4%, is likely to get closer to the Bank's 2% target in the coming months. He added: "All going well, there should be scope for some further reduction in the bank rate this year." While inflation is expected to drop, economic growth is forecast to be weaker, with unemployment projected to rise to 5.3%.
AND FINALLY...
King approves World Cup bank holiday
Buckingham Palace has announced that the King has approved a request from First Minister John Swinney for June 15 2026 to be designated a bank holiday in Scotland, to mark the beginning of the national team's World Cup campaign, its first in 28 years. Only some local authorities have so far announced whether they will treat the day as a public holiday for their workers - with councils in Fife, Edinburgh, Falkirk and the Scottish Borders so far saying they will not treat the day as a public holiday.

 

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