Legal Matters Scotland
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8th December 2025

A free early morning round up of news for legal professionals across Scotland.
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INDUSTRY
Rape victims face renewed distress
The Supreme Court's recent ruling has raised concerns for rape victims, according to Lord Advocate Dorothy Bain, KC. She warned that the decision to relax rules on jurors learning about a victim's past could cause "alarm and distress" for complainers. This change follows appeals from convicted rapists David Daly and Andrew Keir, who argued their human rights were violated by existing rape shield laws. Bain acknowledged the ruling's potential impact on victims, stating that the Crown Office and Procurator Fiscal Service is working to minimise disruption while maintaining safeguards for complainers' dignity and privacy. Rape survivor Ellie Wilson remarked: "Far too often defence lawyers cross the line of what is legal."
Scotland's personal injury claims surge
Scotland's personal injury litigation has evolved significantly over the past decade, particularly with the establishment of the All-Scotland Sheriff Personal Injury Court (ASPIC) in 2015. In 2024/25, ASPIC handled 6,893 cases, far exceeding the 652 cases at the Court of Session. The introduction of Qualified One-way Costs Shifting (QOCS) in 2021 has further increased access to justice, with personal injury cases rising from an average of 9,055 to 9,700 annually. Vikki Melville, a partner at Clyde & Co, noted that while QOCS has benefits, it may also lead to more questionable claims. The Scottish Government is reviewing QOCS, with potential changes expected by 2026.

 
THE LAW
Assisted dying Bill faces delays
The progress of the Terminally Ill Adults (End of Life) Bill has been delayed in the House of Lords due to over 1,100 amendments submitted by peers. This volume of amendments has raised concerns about motives beyond fair scrutiny, according to eight pro-assisted dying peers, including former civil service head Gus O'Donnell. They argue that such tactics threaten Parliament's reputation. The Bill, which passed the Commons with a majority of 23, is set for further debate on Friday. The group of peers emphasised the need to respect the Commons' decision, saying: "For this Bill to fall not on its merits but due to a deliberate procedural quagmire in the unelected chamber jeopardises the reputation of Parliament as a whole."
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CRIME
Badenoch pushes for grooming gangs inquiry
Conservative leader Kemi Badenoch will present draft terms for a national grooming gangs inquiry this week. These terms, developed with input from abuse survivors, will focus on non-familial abuse and the characteristics of perpetrators. The Conservatives are urging the national inquiry into grooming gangs to examine the role of ethnicity and religion among abusers. The inquiry has faced criticism, with claims that Labour is obstructing progress to avoid political fallout. The establishment of the inquiry has faced delays, with previous chair candidates withdrawing. 
CASES
NHS Fife prepares for tribunal ruling
NHS Fife has engaged Lighthouse PR to provide presentation skills training for its executive team and non-executive directors ahead of the Sandie Peggie employment tribunal outcome. The health board stated that the training was necessary under procurement rules but did not disclose the cost, citing commercial interests. NHS Fife clarified that no external communications assistance was sought during the tribunal hearings. Meanwhile, Peggie's legal team has also hired Media House to manage media inquiries. The tribunal ruling is expected before Christmas. NHS Fife's chief executive, Carol Potter, is set to retire early amid controversy over a press statement issued during the tribunal.
POLICING
Police Scotland reports death in custody
Police Scotland has reported the unexplained death of a 39-year-old man in custody to the Police Investigations and Review Commissioner (Pirc). The incident occurred on Berkeley Street in Glasgow during a disturbance on Friday morning. Emergency services pronounced the man dead at the scene. Additionally, a 27-year-old man and two women, aged 25 and 40, were taken to hospital with non-life-threatening injuries. A spokesperson for Police Scotland stated: "The circumstances of the incident have been referred to Pirc for further investigation."
SOCIAL
Poverty undermines human rights in Scotland
Professor Angela O'Hagan, chair of the Scottish Human Rights Commission (SHRC), highlights the urgent need to address poverty's impact on human rights in Scotland. The upcoming "State of the Nation" report reveals that many citizens lack access to essential services like housing, healthcare, and education. O'Hagan states: "Poverty is a human rights violation," emphasising that the government must prioritise human rights in budget decisions. She warns that the erosion of rights is a consequence of political choices, urging a collective response to ensure dignity and respect for all citizens.
WORKFORCE
Councillors to get severance pay
Scottish councils are preparing to introduce severance payments for departing councillors from 2027, offering up to £26,000 to those who lose their seat or step down. The proposal, developed by Cosla, aims to strengthen local democracy by encouraging a wider range of people - particularly those from under-represented groups - to stand for election. Cosla argues the payments would remove financial barriers and help councils better reflect their communities. The plan follows recommendations from the Scottish Local Authority Remuneration Committee, which suggested resettlement grants similar to those given to MPs and MSPs. With around 40% of councillors typically leaving office at each election, the estimated cost could reach £9.75m, though councils say the investment supports diversity, renewal and effective local governance.
TAX
MSPs face £400m tax code blunder
MSPs in Scotland have uncovered significant issues in recent legislation, including a £400m error in the tax code. This mistake allowed many businesses to avoid paying rates they were legally required to. Public Finance Minister Ivan McKee noted that the error was overlooked by various legal experts. Additionally, MSPs are facing delays in implementing laws, such as the female genital mutilation protection orders, which remain inactive five years after passage. As the election approaches, concerns grow over the quality and efficiency of lawmaking in Holyrood.
Stirling Council to vote on tourist tax
Stirling Council will vote next week on plans to introduce a seasonal "tourist tax" on overnight stays, following extensive consultation under powers granted by the Visitor Levy (Scotland) Act 2024. The revised proposal suggests a 3% levy applied only between April and October, reduced from an original 5% after businesses raised concerns about low-season impacts. More than 860 survey responses and multiple drop-in events informed the changes. Council officers estimate the levy could raise over £2m annually to support local services and tourism infrastructure. Alternatives include keeping the 5% rate or not introducing a levy. Further national legislation may allow fixed-rate charges in future.
FRAUD
Covid fraud costs taxpayers £11bn
The upcoming report by Covid Counter Fraud Commissioner Tom Hayhoe reveals that nearly £11bn was lost to fraud and error in COVID-19 support programmes. Mr Hayhoe will address MPs, highlighting how fraudsters exploited rapid financial aid rollouts initiated by the previous Conservative government. The report criticises the lack of anti-fraud controls, saying: "Accepting a high level of fraud risk, without plans for managing or mitigating this risk." Chancellor Rachel Reeves has tasked Mr Hayhoe with recovering lost public funds, following previous findings of £1.4bn in undelivered PPE contracts.
SNP accused of ignoring benefit fraud
The Scottish Conservatives have accused the SNP Government of failing to tackle benefit fraud after figures obtained through freedom of information showed Social Security Scotland (SSS) identified 29 fraudulent claims over two-and-a-half years. The agency recorded two cases in 2023–24, 12 in 2024–25 and 15 so far in 2025–26. Conservatives argue that applying the UK Department for Work and Pensions’ estimate—around 2% of benefit payments being fraudulent—would imply tens of thousands of cases in Scotland. Tory MSP Alexander Stewart said SSS should be doing more to prevent fraud, while Social Security Scotland has been approached for comment.
Pandemic fraud costs taxpayers £10.9bn
The Covid Counter Fraud Commissioner, Tom Hayhoe, has revealed that the Conservative Government's pandemic measures resulted in £10.9bn lost to fraud. A report highlights the lack of anti-fraud controls in hastily implemented schemes, creating opportunities for fraudsters. A government source stated: "Tory ministers handed fraudsters a golden opportunity through schemes so lax they may as well have left the door wide open." The Labour Party's Anna Turley demanded an apology, pointed to the need for accountability and recovery of taxpayer money.
TRANSPORT
Glasgow taxis meet LEZ rules
Nearly all taxi drivers in Glasgow comply with low emission zone (LEZ) rules. Out of 1,217 vehicles, only 44 do not meet the standard. Eight of these have been retrofitted and await checks before returning to service. Glasgow City Council aims to achieve zero-emission taxis in the city centre by March. The licensing committee ensures compliance, with penalties for breaches. Since the LEZ's introduction in June 2023, almost 30,000 penalty notices have been issued, generating over £750,000 in fines. The data was presented in a report to the Operational Performance and Delivery Scrutiny Committee.
INDEPENDENCE
Swinney urges fresh start for Scotland
First Minister John Swinney will use a Glasgow speech to place Scottish independence at the centre of the SNP’s Holyrood election campaign, arguing that separation is essential to protect Scotland’s economy and industrial base. He will claim that decisions made at Westminster — under both Labour and Conservative governments — have prevented Scotland from benefiting fully from its economic contribution to the UK. Swinney is expected to accuse Sir Keir Starmer of failing to safeguard key Scottish industries and warn that continued UK control risks a "second wave" of 1980s-style deindustrialisation. He will argue that independence offers a "fresh start", allowing Scotland to control its own wealth and improve living standards. Scottish Labour deputy leader Jackie Baillie said the SNP is using independence to distract from domestic issues such as the NHS, education and council services.
 


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