A sharp slice of what matters in Scottish law
Scottish Edition
8th April 2026
 
THE HOT STORY
Prisons abolition row sparks political clash
Comments by Kate Nevens suggesting Scotland could move towards abolishing prisons have been criticised by John Swinney, who described the idea as "ludicrous". Nevens, a Scottish Greens candidate, said she supported a prison-free society, despite earlier indicating custody should remain a last resort. Swinney rejected the proposal, arguing prisons are necessary for serious offenders, though he acknowledged alternatives may be appropriate for minor crimes. The debate comes amid overcrowding pressures in Scotland's prison system, with high remand levels and early release measures in place. The Scottish Government is investing in new facilities, including HMP Glasgow and HMP Inverness, as part of efforts to address capacity and modernisation challenges.

 
TAX
Second-home tax hikes spark policy debate
Second-home owners in Scotland face steep council tax increases after new powers allowed local authorities to raise premiums without limits. Midlothian Council has introduced charges of up to 500%, meaning some owners could pay bills exceeding £27,000. The policy applies on a sliding scale depending on how long a property has been used as a second home. Council leaders argue the move will help free up housing for local residents, while critics say it adds financial pressure during the cost of living crisis. The changes contrast with concerns in parts of England, where similar policies are reportedly being reconsidered due to potential impacts on local economies and property markets.


Inksters are supporting the ABS Scotland Group as founding members and with Brian Inkster being a member of the committee.

The Group was born out of frustration with the Law Society of Scotland’s delays in implementing Alternative Business Structures (or Licensed Legal Service Providers) in Scotland.

By 2025, there had already been a 15-year delay in implementation following on from the Legal Services (Scotland) Act 2010. There was hope that the Regulation of Legal Services (Scotland) Act 2025 would speed the process up. However, instead, the Law Society of Scotland announced a freeze of at least another two years on doing anything at all on ABS.

The main objective of the Group is to encourage and facilitate the introduction of ABS to Scotland.

You can join the ABS Scotland Group by completing the membership application form.

 
EMPLOYMENT
OpenAI calls for tax on AI jobs
OpenAI has proposed a tax on automated labour to address potential economic risks from artificial intelligence (AI). In its report, "Industrial Policy for the Intelligence Age," the company suggests that major economies should shift from payroll-based taxes to increased taxes on corporate profits and capital gains. OpenAI pointed to the need for wage-linked incentives to help retain and retrain workers amid fears of rising unemployment due to automation. The firm stated: "While we strongly believe that AI's benefits will far outweigh its challenges, we are clear-eyed about the risks."
PRISONS
Prison drug gangs operating with little consequence
The HM Inspectorate of Prisons has called for major drug dealers to be isolated and managed like extremist offenders to curb widespread drug activity in jails. Chief inspector Charlie Taylor warned organised criminals are operating "consequence-free", fuelling violence, debt and disorder. MPs found drug use "endemic", with many inmates able to access substances easily, often via drones delivering contraband. Taylor urged stricter searches, separation units and behavioural controls. Concerns were also raised about prison capacity, recall policies and risks to public safety, with critics warning the system may be failing to prevent reoffending despite increased government investment in security measures.
CASES
Surge in legal claims from Cape Verde holidays
The number of British holidaymakers pursuing legal action over severe illness claims in Cape Verde has reached 1,700, including families of eight deceased individuals. Jatinder Paul, a partner at Irwin Mitchell, represents the claimants in a lawsuit against Tui, linked to all-inclusive holidays since January 2023. Notable cases include Elena Walsh, 64, who died after illness at Riu Cabo Verde resort. Tui stated: "Customer health and safety is always our highest priority," while Riu Hotels claimed adherence to strict health standards.
FIRMS
Shoosmiths strengthens planning team with new partner
Sarah Fitzpatrick has been appointed as partner and head of planning at Shoosmiths, enhancing the firm's UK planning team. With over 25 years of experience, she previously served as a partner at Norton Rose Fulbright. Fitzpatrick's expertise includes regeneration, compulsory purchase, and large-scale developments. Matt Nixon's promotion to partner in London and Steven Stewart's appointment in Scotland further strengthen the team.
Harper Macleod promotes Bobby Murray to partner
Bobby Murray has been promoted to partner in the dispute resolution team at Harper Macleod, based in Edinburgh. He focuses on insurance-backed disputes, contentious construction, and negligence cases. His expertise includes contractual interpretation and complex commercial matters.
PLANNING
Scottish Government halts windfarm expansion
Scottish Government ministers have rejected a windfarm proposal near Loch Ness, citing significant negative impacts on the landscape and local amenities. The plan included eight 200m turbines and a battery storage system at Culachy. Community groups, including the John Muir Trust and the RSPB, expressed concerns about the development's effects on local wildlife, particularly the Golden Eagle population. Mike Wilcox from Walkerburn Community Council welcomed the decision, remarking: "It is heartening that... the Scottish Government has accepted the legitimate concerns of local people and environmental groups." Community councils are now calling for a moratorium on major energy developments.
FRAUD
Brits lose £1,675 to fraud every minute
In 2025, Brits lost £879.8m to investment fraud, averaging £1,675 every minute. The City of London Police reported a 31% increase in fraud reports, driven by economic uncertainty and sophisticated scams. Detective Superintendent Oliver Little said: "Investment fraud continues to have a devastating impact on victims." The average loss per person was £25,612, often involving pension savings. Older adults, particularly those over 60, are most affected. Police warn of AI-generated scams and 'finfluencers' glamorising risky investments, which can mislead inexperienced investors.
ECONOMY
UK economy faces stagflation threat
The UK economy is facing stagflation as growth in the services sector stagnated in March, according to S&P Global. The ongoing conflict in the Middle East has contributed to the slowest output growth since April, while input price inflation has surged. Tim Moore, economics director at S&P Global, said: "Stagflation risks appear to have increased." Thomas Pugh from RSM warned that a recession is becoming more likely. Business confidence has plummeted, and firms are struggling with rising costs, particularly in energy and raw materials, as they await President Trump's next moves regarding Iran.

 

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