Legal Matters Scotland
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22nd October 2025

A free early morning round up of news for legal professionals across Scotland.
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CASES
Lord Bracadale resigns as chair of Sheku Bayoh inquiry
Lord Bracadale has resigned as chair of the Sheku Bayoh inquiry, more than two months after initially refusing to step down amid criticism over his impartiality. The Scottish Police Federation had raised concerns over private meetings he held with Mr Bayoh's family, arguing they created an appearance of bias and prompted a judicial review challenge. In his resignation letter, Lord Bracadale defended the meetings as necessary to maintain the family's engagement, but acknowledged that confidence in his leadership had been irretrievably lost among key participants. The Scottish Government said it would urgently appoint a new chair, while the Bayoh family vowed to continue seeking answers over the death of the 31-year-old, who died after being restrained by police in 2015. The inquiry, which began in 2020 and has already heard all evidence, will move to closing submissions once a new chair is appointed. The Bayoh family's lawyer Aamer Anwar described the situation as "unprecedented," telling BBC Scotland News: "It has never, ever happened in any public inquiry in the United Kingdom."
Biffa seeking £166m over DRS collapse
Biffa has begun its legal battle against the Scottish Government at the Court of Session, seeking £166m in damages over the collapse of Scotland's Deposit Return Scheme (DRS). The waste management firm, appointed in 2022 as logistics provider under a 10-year contract, argues it lost £51.4m in upfront investment and £114.8m in expected profits after the scheme was delayed and ultimately abandoned. Biffa accuses ministers of negligence and misrepresentation, claiming they failed to secure or disclose the need for UK Internal Market approval and misled the company about the scheme’s viability. The Scottish Government rejects the allegations, insisting Biffa took a commercial risk and that no duty of care was owed.
Castle owner in council row can challenge its dissolution
Barrister Samantha Kane, owner of Carbisdale Castle, has won permission to challenge the dissolution of the Ardgay and District community council at Scotland's Court of Session. Kane, who was ousted from the council amid accusations of disruptive behaviour, claims the process to remove her was discriminatory and undemocratic. She is seeking £20,000 in damages for reputational and financial harm, with a one-day judicial review hearing scheduled for January. Separately, Kane has asked Highland Council to establish a new community council specifically for her castle and estate.

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REGULATION
FCA takes charge of AML supervision
The UK Government is reforming anti-money laundering (AML) supervision by appointing the Financial Conduct Authority (FCA) as the Single Professional Services Supervisor (SPSS). The move reduces the roles of the Solicitors Regulation Authority (SRA) and HMRC. The FCA will now oversee legal, accountancy, and trust services, aiming for more consistent supervision. City minister Lucy Rigby MP said: "This change will align the supervision of professional services firms with other similar parts of the economy." But David Gordon, the Convener of the Law Society of Scotland's Regulatory Committee, said: "We are frustrated and disappointed with this decision, which imposes a finance sector focused AML regulator on law firms and all other professional services. It also flies in the face of other changes made here in Scotland which actually granted the Law Society new and strengthened regulatory powers over law firms."
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INDUSTRY
Reeves targets lawyers, GPs and accountants with tax raid
The Chancellor is expected to use the Budget to impose a new charge on people who use limited liability partnerships, such as lawyers, family doctors and accountants, as she seeks to address a £30bn gap in public finances. Partners are treated as self-employed, so they are not subject to employer’s national insurance, which is levied at 15% and they also pay a lower rate of employee national insurance – a situation Rachel Reeves reportedly considers unfair. A solicitor in a partnership earning the average £316,000 would face a charge of £23,000 under proposals drawn up by economists, equivalent to an average tax rate of 7.3%. Commenting on the proposals, Arun Advani, the director of CenTax, said: "Exempting partners from any equivalent to employer NICs is very regressive and simply means higher taxes for everyone else."
POLICING
Police Scotland collecting less biometric data from children
Dr Brian Plastow, the Scottish Biometrics Commissioner, has commended Police Scotland for a 7.5% reduction in biometric data collection from children. Following his 2023 review, the force implemented a new policy in March 2024, capturing biometrics only from children arrested for violent or sexual offences. In 2023-2024, 2,003 children had biometrics taken, decreasing to 1,851 in 2024-2025. Dr Plastow stated: "This better reflects the interests of children and the policy position in Scotland." He also expressed support for live facial recognition, provided it meets necessary legal safeguards.
PLANNING
Planning changes threaten pubs and clubs, industry warns
Music industry figures have warned that Scottish Government plans to expand permitted development rights to make it easier for commercial properties to be converted into housing could create new threats for pubs, clubs and other venues that are already under growing pressure. Geoff Ellis, the head of promoter DF Concerts, says that if the plans go ahead, new homes created without planning permission could result in large numbers of noise complaints and demands for expensive soundproofing at long-established venues. "Grassroots venues and pubs are where artists find their voices, and their Scottish fans", he said, warning that if "these changes go ahead without safeguards, we risk losing the deep-rooted foundations that makes Scottish music thrive."
THE LAW
Charity's ruling delay sparks criticism
Scottish Women's Aid (SWA) has been criticised by women's rights campaigners for delaying compliance with a Supreme Court ruling defining "woman" by biological sex under equalities law. Campaign group Sex Matters and the Women's Rights Network Scotland called SWA's inaction "reprehensible," warning it risks the safety of survivors in domestic abuse refuges. SWA says it is awaiting detailed guidance from the Equality and Human Rights Commission before implementing the ruling across its 33 local member organisations.
INDEPENDENCE
Independence push 'playing into Putin’s hands,' says minister
Labour defence minister Luke Pollard has claimed the SNP's push for Scottish independence undermines the UK's nuclear deterrent and could play into the hands of Russia. Pollard argued that unilateral disarmament and a weakened defence posture threaten national security, jobs, and the economy. The SNP rejected the accusations as "unbelievably crass," with defence spokesman Dave Doogan emphasising Scotland's strong conventional forces and the potential for an independent defence sector.
ENERGY
Wind farm approved despite rival's objections
A new wind farm near Keith has been approved despite objections from Koehler Renewable Energy. Legal representatives Addleshaw Goddard said Koehler's turbines just 450 yards away would lose wind due to a "wake effect." EDP Renewables (EDPR) countered that Koehler's demands were "excessive and arguably perverse," arguing that the commercial interests of another firm were not the council's concern. Burness Paull described Koehler's complaint as "de minimis."
 


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