Legal Matters Scotland
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10th December 2025

A free early morning round up of news for legal professionals across Scotland.
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PRISONS
Scotland's early prisoner release sparks debate
Justice Secretary Angela Constance said that up to 84 prisoners were released early on Tuesday as part of Scotland’s response to severe overcrowding, acknowledging the move would be "cold comfort" for victims. Only inmates nearing the end of their sentences were eligible, excluding those convicted of domestic abuse or sexual offences, with prison governors able to veto cases. More than 400 prisoners have already been released, and up to 990 could be freed over five months after the prison population hit a record high. Constance said high remand levels and delays to new prison construction have intensified pressure, stressing that early release is a short-term measure alongside longer-term reforms.

 
INDUSTRY
Legal sector revenue hits record
Total revenue from legal activities in the UK reached a record £52.3bn in 2024, marking an 11% increase from 2023, according a TheCityUK report put together in partnership with Barclays. The analysis shows that legal services sector contributed £38bn to the UK economy, about 1.6% of GDP. The research shows that the City of London hosts over 200 foreign law firms, including offices for all of the world’s top 50 law firms. The sector employs 364,000 people, with almost two-thirds based outside London. The proportion of solicitors working in-house has risen, hitting 25%. While women make up 53% of practising solicitors in private practice, they account for only 32% of full equity partners.
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CASES
Caldwell family decries justice betrayal
The family of Emma Caldwell say they feel "betrayed" after Police Scotland was excluded from the remit of the forthcoming public inquiry into failures surrounding her 2005 murder investigation. Although the inquiry, led by Lord Scott, will examine what went wrong in the original Strathclyde Police inquiry and decisions by the Crown Office, the family argue Police Scotland should also be scrutinised, as it took over the case in 2013 and Packer was not convicted until 2024. Their lawyer claims a culture of misogyny and missed opportunities allowed Packer to continue offending for years. Justice Secretary Angela Constance said the terms are broad enough to examine wider issues.
Lamppost collapse resulted in 'life-changing injuries'
Glasgow City Council has pled guilty to health and safety breaches at Glasgow Sheriff Court after a man was left with "serious life-changing injuries" after a lamppost collapsed on him outside Kelvinside Academy in June 2023. The council accepted that the lamppost was still in operation twice over its expiry service life of 20 to 25 years, and had failed an inspection in March 2022 due to significant corrosion. While the lamppost was scheduled for replacement in 2024, the council said that if it "knew that the lamppost posed a risk, then it would have been removed".
NHS Fife ruling may face appeal
Nurse Sandie Peggie may successfully appeal a tribunal ruling that found NHS Fife harassed her after she raised concerns about a transgender doctor in a women-only changing room. Although Peggie won her central claim, other allegations were dismissed. Employment lawyer Peter Daly stated the judgment contains "irredeemably flawed" reasoning. He believes Peggie has a strong chance of winning an appeal. Joanna Cherry, KC, and Susan Smith also expressed concerns about the ruling's clarity and legal implications, particularly regarding the definition of a woman under the Equality Act.
Rogano's legal battle heads to Supreme Court
The owners of Glasgow's iconic restaurant, The Rogano, are taking their legal battle to the Supreme Court on March 2, 2026. The restaurant, which closed during the pandemic, suffered significant water damage from flooding. The owners claim the landlord, Pontegadea UK Ltd, must cover repair costs and lost profits. Aimee Gibbons, a commercial property partner at Thorntons Solicitors, noted that the case is complicated by the tenant's structure, as the trading company is separate. The Supreme Court will decide if Forthwell Ltd can claim for loss of profit, while repair obligations remain unresolved.
Mother jailed for poisoning toddler
Laura Docherty, 35, has been sentenced for attempting to murder a toddler by administering adult medications, including Amitriptyline and Dihydrocodeine. The High Court in Edinburgh found her guilty after a trial, where Judge Michael O'Grady KC condemned her actions as "utterly wicked." He noted the evidence was "deeply troubling" and highlighted the child's suffering, stating: "It is impossible to forget the sight of a young child... desperately struggling to breathe."
THE LAW
MPs demand action on online grooming
Nearly 50 Labour MPs are urging Ofcom to intensify efforts against online grooming of children. They argue that the media regulator must prevent predators from exploiting poorly moderated areas of the internet. The Online Safety Act 2023 grants Ofcom new powers, but critics claim these are not effectively utilised. The NSPCC reported a 93% rise in online grooming cases in England and Wales from 2017/18 to 2023/24. Ofcom acknowledged the need for tech firms to enhance their measures, saying: "The foundations have been laid this year."
TRANSPORT
Judges reject appeal against Aberdeen bus gates
A panel of judges have ruled at the Court of Session that there was "no merit in any of the grounds of appeal" against Aberdeen City Council's decision to install bus gates restricting traffic in the city centre, rejecting an appeal by local retailer Norman Esslemont that was supported by a number of other local businesses and residents. Mr Esslemont said he hoped the council "recognises the strength of feeling and understands we need a thriving city centre which depends on genuine engagement with the business community", while the council said in a statement that it looks forward "to continuing to work with businesses and communities to make the city centre an even better place to live, work, invest, and visit".
TECHNOLOGY
EU probes Google over AI summaries
The European Commission has launched an investigation into Google regarding the AI summaries that appear above search results. The inquiry will assess whether Google used data from websites without proper compensation to publishers. It will also examine the use of YouTube videos in enhancing its AI systems and whether creators could opt-out. A Google spokesperson warned that the probe "risks stifling innovation."
CORPORATE
Scotland's investment hits new heights
Scotland’s latest Productivity Index shows business investment has risen above 10% of GDP for the first time in 20 years, though long-term challenges persist. Compiled by the Fraser of Allander Institute and sponsored by Addleshaw Goddard, the report highlights gains in digital infrastructure, education and EV charging. However, weak exports, low entrepreneurship and rising long-term ill-health continue to limit productivity. CBI Scotland urged all parties to deliver a clear economic plan ahead of the 2026 election, warning that progress is not yet translating into stronger growth.
TAX
OECD flags UK's heavy tax burden
A new report from the Organisation for Economic Co-operation and Development (OECD) shows that the UK's property tax burden is the fourth heaviest among the 38 countries analysed. The UK's property taxes, including business rates and stamp duty, account for 10.5% of GDP, compared to the OECD average of 5.1%. Analysts argue that these taxes hinder property purchases and construction. The report on government revenue levels also highlights that UK income taxes are higher than in several European countries. Overall, the tax burden for the UK was marginally higher than across the OECD, with it ranked in 22nd place in terms of overall government revenue as a share of GDP. The overall tax burden is expected to rise significantly by 2031 and the Office for Budget Responsibility anticipates a peak of 38.3% of GDP.
FIRMS
WJM relocates to new Edinburgh office
Wright, Johnston & Mackenzie LLP (WJM) has relocated to a new office in Edinburgh, following its merger with Davidson Chalmers Stewart. The firms will now share the Hope Street location, alongside the expanding personal injury team from Irwin Mitchell. Fraser Gillies, managing partner at WJM, stated: “Working together in a collaborative environment can only help our firms strengthen and grow.”
FRAUD
Pandemic fraud report says most of £10.9bn loss is unrecoverable
A new report by Covid Counter Fraud Commissioner Tom Hayhoe says that £10.9bn in taxpayer money lost to fraud and error during the pandemic is now largely unrecoverable. Mr Hayhoe says the speed and scale of emergency spending left many public bodies unprepared, with weak accountability, poor data and flawed contracting. Employment support schemes such as furlough and help for the self-employed saw £5bn of fraud, while PPE procurement became overwhelmed, with losses of around £10bn from over-ordering - plus £324m in fraud. The report said the schemes "left the front door open" to fraud and lacked adequate safeguards. Mr Hayhoe notes that the Conservative government knowingly accepted high fraud risks to deliver support quickly. 
WESTMINSTER
Mahmood mulls police force shake-up
Home Secretary Shabana Mahmood is considering a significant overhaul of police forces in England and Wales. Reports suggest that the current 43 forces could be reduced to 12 larger entities. This proposal aims to address concerns that smaller forces lack the capacity to tackle modern challenges like cyber-crime and terrorism. A Government source said a White Paper "will propose a generational reform that will have a real impact on efficiencies." Metropolitan Police Commissioner Sir Mark Rowley has advocated for mergers, citing that the existing system has been inadequate for over two decades.

 
ECONOMY
Bank of England: Budget will cut inflation
The Bank of England predicts that measures set out in the Budget will reduce the UK's headline inflation rate. Appearing before the Treasury Select Committee, Bank staff agreed with the Office for Budget Responsibility that measures announced by the Chancellor would strip 0.5 percentage points off headline inflation by mid-2026. Clare Lombardelli, a deputy governor at the Bank and a member of the rate-setting Monetary Policy Committee, voiced concern about high inflation expectations among consumers and businesses, saying this could push price growth higher than forecasts suggest. Saying that she worries about the "upside risks to inflation," she noted that "we are seeing pressure on resources in the economy." The Bank is expected to cut interest rates next week, with financial markets predicting that borrowing costs will be cut to 3.75%, down from 4%.
AND FINALLY...
US teen arrested over school bomb hoax
Police in Brooklyn Park, Minnesota, have arrested a 16-year-old boy in connection with a bomb hoax made against Auchmuty High School in Glenrothes earlier this year. US police said the boy was initially arrested following a hoax bomb threat involving a Minnesota school, but that a forensic review of his devices had established a link to the Glenrothes hoax. Fife Council responded to the initial threat in March, saying police had been "satisfied" that there was no threat to safety.
 


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