A sharp slice of what matters in Scottish law
Scottish Edition
11th February 2026
 
THE HOT STORY
Scottish Government faces £540,000 legal bill
The Scottish Government has been ordered to pay £540,000 in legal costs to For Women Scotland (FWS) following a ruling by the UK Supreme Court. This decision stems from a case that clarified the definitions of "woman" and "sex" in the Equality Act 2010 as referring to biological terms. FWS confirmed it received a settlement of £392,500, contributing to the total costs incurred by the Scottish Government, which amount to at least £766,498.80. FWS plans to use these funds for ongoing legal challenges regarding the management of transgender prisoners. "We are eternally grateful for the overwhelming public support," FWS stated.

 
SENTENCING
Kerr criticises new sentencing guidelines
A Conservative MSP has criticised new Scottish sentencing recommendations as a "gift to criminals," warning that the man who once threatened his life would avoid prison under the proposed rules. The Scottish Sentencing and Penal Policy Commission has suggested judges be discouraged from issuing custodial sentences under two years, up from the current one-year minimum, as part of efforts to reduce Scotland's record-high prison population. But Stephen Kerr MSP says the proposals prioritise offenders over victims and risk undermining confidence in the justice system. Justice Secretary Angela Constance defended the approach, arguing that reducing short-term sentences is evidence-based and does not compromise public safety.
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PRISONS
SNP's prison policy risks voter backlash
The SNP's approach to prison overcrowding and the housing of trans women in female prisons may alienate voters ahead of the Holyrood election. The current prison estate, which accommodates around 8,000 inmates, is severely overcrowded. Justice Secretary Angela Constance's plan to release short-term prisoners early has raised public concerns about safety. Critics argue that this reflects a lenient justice system prioritising offenders over victims. Murdo Fraser, a Scottish Conservative MSP, warns that unless the SNP revises its prison policies, it risks losing support from traditional voters.
INDUSTRY
AI boosts lawyer productivity, but at what cost?
AI tools are enhancing productivity among junior lawyers, according to LexisNexis' Mentorship Gap report, which surveyed nearly 900 UK lawyers. While 58% of respondents noted faster work output, 72% identified a significant skills gap in legal reasoning. Concerns arise that reliance on AI shortcuts undermines essential skills developed through traditional methods. The report suggests AI should be viewed as a "thinking partner" rather than a replacement for legal reasoning. Mentorship remains crucial, the report adds, as ethical awareness and judgment are best learned through experienced guidance.
Law Society seeks nominations for Rising Star Award
The Law Society of Scotland has reopened nominations for its 14th annual In-house Rising Star Award, celebrating exceptional newly qualified solicitors and trainees. The awards, presented at the In-house Annual Conference on 22–23 April 2026, recognise individuals who have made significant contributions to their organisations and the wider legal sector. Nominations for the 2026 awards close on 10 March, with details available on the Law Society's website.
CASES
Inquiry into ambulance delay death begins
A Fatal Accident Inquiry will examine the death of Gerard Brown, 65, who reportedly waited nearly two days for an ambulance after a fall at his Glasgow home during the pandemic. The week-long inquiry, ordered due to "serious public concern," will focus on the circumstances of his death, particularly ambulance call handling and response times. Two expert witnesses, along with representatives from the Scottish Ambulance Service and a doctor, are expected to give evidence.
POLICING
Police plugging gaps in social services
Police Scotland officers are reportedly spending more time responding to social care and public safety issues than tackling crime, with around 80% of call-outs now unrelated to criminal activity. David Kennedy, head of the Scottish Police Federation, warned that officers are stretched thin, pulled from frontline policing to handle mental health crises, wellbeing checks, and child welfare duties, leaving communities at risk from serious crime. The force has seen a reduction of 1,000 officers since 2013, and critics argue that legislative changes under the SNP have increased responsibilities without boosting officer numbers. Without additional investment, Kennedy and other officials warn, Police Scotland will struggle to balance crime-fighting with its expanding social support role.
CORPORATE
Aberdeen Investments upgrades Glasgow office
Aberdeen Investments is advancing refurbishment works at 151–155 St Vincent Street in Glasgow, including a full fit-out of the fifth floor, following the letting of the entire fourth floor to Addleshaw Goddard on a 10-year lease. The upgrades will enhance sustainability, amenities, and flexibility for occupiers.
TAX
Scottish SMEs face tax turmoil
According to a recent survey by Rathbones, a quarter of Scotland's small and medium-sized enterprises (SMEs) have had to reduce their workforce due to rising tax and cost pressures. The survey revealed that 51% of SMEs view increasing taxation and regulatory burdens as significant threats. Kindar Brown, senior financial planner at Rathbones, stated: "This double whammy makes it extremely difficult to plan, invest and build for the future." Additionally, 69% of respondents believe policymakers do not understand their needs, highlighting the urgent call for support amid declining business confidence.
OTHER
Licences suspended following golden eagle's disappearance
NatureScot has suspended general licences to control wild birds at Raeshaw Estate and Watherston Wood in the Scottish Borders for three years, following allegations of wildlife crime. The decision comes after the disappearance of satellite-tagged golden eagle Merrick in October 2023, with blood, feathers, and shotgun cartridge wadding found near her last known location. NatureScot said the suspension, agreed in consultation with Police Scotland, is a proportionate measure to protect wild birds while allowing essential land management, though Raeshaw Estate has vowed to appeal, denying any responsibility for Merrick's disappearance.

 

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