Legal Matters Scotland
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9th December 2025

A free early morning round up of news for legal professionals across Scotland.
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INDUSTRY
Justice system faces upheaval after ruling
Lord Advocate Dorothy Bain KC has warned of significant "disruption" to Scotland’s justice system following a Supreme Court ruling that found long-standing interpretations of rape shield laws risked breaching defendants’ right to a fair trial. The court held that Sections 274 and 275 of the Criminal Procedure (Scotland) Act had been applied too restrictively since 2013, preventing defence teams from presenting evidence that could challenge a complainer’s credibility. Bain said courts must now take a more "flexible and nuanced" approach, acknowledging fairness may at times require admitting intrusive evidence. She anticipates delays as prosecutors are retrained and defence lawyers submit many more Section 275 applications, including revisiting previously refused evidence. The ruling is also expected to trigger a wave of appeals from individuals convicted of sexual offences dating back to 2013, with further referrals likely from the Scottish Criminal Cases Review Commission.

 
CASES
NHS Fife faces tribunal defeat over harassment
A Scottish nurse who objected to sharing a women’s changing room with a transgender doctor has partially won her employment tribunal against NHS Fife. The tribunal upheld Sandie Peggie’s harassment claim but dismissed her discrimination, victimisation and all claims against the doctor involved. The ruling found the health board acted unreasonably by allowing continued shared changing-room use and by taking an excessive time to investigate separate allegations. Peggie’s solicitor, Margaret Gribbon, welcomed the harassment finding but said aspects of the judgment were "hugely problematic for women", arguing it placed the onus on female staff to assert their privacy rights. A later hearing will determine any remedy.
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THE LAW
Lammy and Hermer in ECHR call
Attorney General Lord Hermer and Justice Secretary David Lammy will argue at a summit this week that the right to NHS care should not hinder deportations. They will join ministers from nine EU countries to discuss how the European Convention on Human Rights (ECHR) is interpreted too broadly, protecting the "wrong people" and limiting deportations of violent offenders. Mr Lammy and Lord Hermer will call for a reevaluation of Articles 3 and 8, which protect migrants' rights against inhumane treatment.
Badenoch: Grooming gangs inquiry ‘must consider ethnicity'
Conservative leader Kemi Badenoch has insisted that the national inquiry into grooming gangs must address ethnicity, religion, and cultural factors.
POLICING
Police watchdog faces overwhelming workload
The Police Investigations and Review Commissioner (PIRC) is overwhelmed by a 375% increase in investigations over 12 years. Laura Paton, the PIRC, reported a 68% rise in individual complaints and a 239% increase in court-ordered investigations. A projected 250% surge in public review applications adds to the backlog. Paton warned that the rising pressure "risks compromising the service we provide to the public." With only 97 staff members, the PIRC struggles to manage the complex cases it oversees. Justice Secretary Angela Constance affirmed the Government's commitment to support the PIRC.
Body cameras boost police transparency
Scottish Borders police force will soon implement body worn video (BWV) cameras to enhance public confidence and officer safety. Chief Inspector Stuart Fletcher stated that BWV provides transparent evidence of police interactions, improving court evidence quality and expediting justice. Additionally, a new Service Delivery Hub (SDH) will relieve frontline officers from non-urgent calls, allowing them to focus on critical incidents. Fletcher also announced the refurbishment of Hawick Police Station to improve working conditions.
HEALTH
Scottish Conservatives tackle bed-blocking crisis
The Scottish Conservatives have proposed a "fast track to care" policy aimed at reducing Scotland’s long-running bed-blocking crisis by moving medically fit patients into care homes with spare capacity. The plan would fund 600 care-home beds in pilot areas and require transfers within 48 hours of discharge clearance. The party also wants legal changes to allow patients lacking capacity, such as those with dementia, to be discharged to suitable care homes. Bed-blocking figures continue to rise, despite previous government commitments to end delays. Care-home providers say the proposal is a practical solution, while ministers highlight existing investment and efforts to tackle discharge bottlenecks.
TAX
Edinburgh Council stands firm on tourist tax
Edinburgh Council leader Jane Meagher confirmed the city will maintain its 5% Visitor Levy, set to launch in July 2026. This percentage-based tax applies to most paid overnight accommodations and is projected to generate £100m in its first three years. Meagher argued that a percentage system is "future-proofed" against inflation and fairer for different accommodation types. Meanwhile, Highland Council may postpone its proposed 5% tourist tax on holiday accommodation. The council analysed over 4,000 consultation responses, with local chambers of commerce warning that the tax could deter visitors. Councillors will discuss this recommendation in an upcoming meeting.
FIRMS
Barnett Waddingham opens in Edinburgh
Barnett Waddingham has launched a new office in Edinburgh, enhancing its UK presence. The consultancy, which employs around 1,700 staff, aims to strengthen its service to Scottish clients. Senior partner Andrew Vaughan stated: "Edinburgh is one of the UK's leading financial centres," highlighting the city's vibrant financial community. Meanwhile, Wright, Johnston & Mackenzie has also relocated to a new office in Edinburgh, merging with Davidson Chalmers Stewart.
Brodies expands with new Leeds office
Brodies is expanding into England by opening a new office in Leeds. The firm has hired Bill Barton, a partner with over 30 years of experience in construction law, along with his team of eight lawyers from Barton Legal. This move aims to enhance Brodies' construction practice, which serves clients across the UK.
Law firm closure leaves clients stranded
Brunton Miller Solicitors, a Glasgow-based law firm, has abruptly closed, leaving clients with unresolved cases and significant financial losses. The Law Society of Scotland confirmed the closure and appointed Fiona Watson as judicial factor due to concerns over the firm's accounting practices.

 
STV
WORKFORCE
Breaking barriers in construction leadership
Louise Chambers, Commercial Real Estate Partner at Burness Paull, highlights the importance of mentorship and networks like Female Leaders in Construction (FLIC) in supporting women. Writing in the Scotsman, she notes that while barriers persist, younger professionals demand diversity and inclusion. Chambers emphasises the need for visible role models and the urgency of supporting women in mid-career stages. Burness Paull has signed the Pathways Pledge to enhance equal access to opportunities for women, fostering a more inclusive industry.
EDUCATION
Government criticised over school absence crisis in Fife
Local MSP Roz McCall has criticised the SNP-led Scottish Government's "shameful inaction" regarding the crisis of school absences in Fife, emphasising the lack of new strategies or interventions since March. Attendance data reveals that 41.8% of secondary pupils in Fife were persistently absent, with 27.8% in primary schools, despite an overall attendance rate of 90.21%. McCall argues that the Government's failure to address the issue risks leaving an entire generation behind.
MEDIA
STV journalists vote for strike action
Journalists at STV have overwhelmingly voted for strike action in response to proposed job cuts and the elimination of the dedicated news programme in northern Scotland. The National Union of Journalists (NUJ) reported that 94% of members supported the strike, with an 82% turnout. STV plans to make 60 staff redundant, affecting half of the newsroom. STV's chief executive, Rufus Radcliffe, called the ballot result "disappointing" and emphasised ongoing efforts to minimise compulsory redundancies.
EMPLOYMENT
Jobs market set to rebound
The UK jobs market is expected to recover following the recent Budget, according to recruitment experts. A survey by ManpowerGroup indicates that firms are ready to resume hiring after a six-month slowdown. The Employment Outlook Survey revealed a net 13% of firms plan to hire in early 2026, signalling renewed optimism. The jobless rate has risen to 5%, partly due to increased employer National Insurance costs, while there was a slowdown in hiring amid uncertainty over whether the Budget would deliver measures that could add to pressure on businesses.
INTERNATIONAL
X blocks EU ads after fine
X has blocked the European Commission from advertising on its platform after receiving a £105m fine over its verified user system. The EU claimed X's blue tick system was misleading and failed to verify users adequately, exposing them to scams. X has 60 days to address these concerns or face further penalties. Nikita Bier, a senior figure at the social media site, accused the European Union regulator of trying to "take advantage" of "an exploit" in its advertising system to promote a post about the fine.
 


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