Legal Matters Scotland
Sign UpOnline Version
15th December 2025

A free early morning round up of news for legal professionals across Scotland.
Sign up here for your free daily edition

INDUSTRY
Lawyers reiterate concerns over scrapping of not proven
Scotland's criminal justice system will undergo significant changes on January 1, 2026, with the abolition of the not proven verdict. The Law Society of Scotland has expressed concerns about the impact of this reform, which is part of the Victims, Witnesses and Justice Reform (Scotland) Act. Stuart Munro, convener of the Law Society's Criminal Law Committee, said that the new conviction threshold will be "significantly less" than in England and Wales, requiring at least 10 out of 15 jurors for a guilty verdict. The Law Society will monitor the effects of these changes closely. In addition to abolishing the not proven verdict, the Act will establish a Victims and Witnesses Commissioner for Scotland, create a specialist sexual offences court, and grant victims of sexual offences an automatic, lifelong right to anonymity.
Judges warned over AI as usage increases
The Telegraph looks at how lawyers and judges increasingly rely on AI to speed up research, but says errors have repeatedly emerged when content is not properly checked. Several barristers in the UK have been criticised for citing fake or irrelevant cases generated by AI, and courts have warned senior lawyers to prevent such misuse. Similar problems have occurred in the US, where a lawyer was fined after submitting AI-generated fictitious case law. Legal experts stress that AI must only be used as a starting point and always verified against original sources. Ethical concerns centre on lack of training, insufficient transparency, and the risk of serious consequences for clients and the justice system if AI errors go unnoticed. The Judicial Office has issued guidance allowing AI for tasks like summarising text or administration, but warning that the technology is unreliable for legal research and can invent cases or quotations.
Mulholland returning as Law Society president-elect
Falkirk-based criminal lawyer John Mulholland has been named president-elect of the Law Society of Scotland for 2027/28, becoming the first person in the Society's history to hold the role twice. Mulholland, a former president in 2019/20 and long-serving Council member, will focus on supporting the Society's work for its 13,000 members and the wider public. Law Society President Patricia Thom praised his experience and leadership, noting his previous term navigated significant challenges during the Covid pandemic.

 
THE LAW
MP slams 'cruel' amendments to Assisted Dying Bill
Kim Leadbeater, the MP behind the Assisted Dying Bill, has condemned over 1,000 amendments proposed by the House of Lords as "cruel and unnecessary." She believes these amendments - which include a requirement for terminally ill people to be filmed as they undergo an assisted death - are attempts to sabotage the Bill. Ms Leadbeater commented: "It's looking increasingly like people who are fundamentally opposed to a change in the law... are trying to prevent the law passing." While some peers defend their actions as necessary scrutiny, Ms Leadbeater argues that many amendments are excessive and hinder progress on this significant legislation. Baroness Grey-Thompson, a crossbench peer opposed to the proposals, said peers were being forced to fill "massive gaps" in the legislation to make it safe. Meanwhile, Lord Charlie Falconer predicts that the Terminally Ill Adults (End of Life) Bill will be legalised next year, despite opposition. He said: "I'm absolutely sure that in 2026 we'll see an act of parliament that legalises assisted dying."
Inkster Banner


 
HOLYROOD
SNP ministers face backlash over investigation refusal
SNP ministers have been accused of protecting Justice Secretary Angela Constance after rejecting calls for an investigation into claims she misled Holyrood over comments attributed to grooming gangs expert Professor Alexis Jay. Education Secretary Jenny Gilruth defended Constance, saying her remarks were general and accurate, and urged critics to "move on". The row follows emails from Professor Jay clarifying she did not oppose further inquiries into child sexual exploitation in Scotland. Opposition figures accused the SNP of double standards and "closing ranks", while Constance faces a no-confidence vote. Gilruth is due to outline the Government’s approach to reviewing grooming gangs in parliament this week.
CASES
Inquiry into Caldwell murder faces criticism
Lord Scott KC will chair an inquiry into the 2005 murder of Emma Caldwell, whose death has been linked to prolific sex offender Iain Packer. Caldwell's mother, Margaret, claims the inquiry is "set up to fail" and criticises the terms of reference. Packer, who was not convicted until 2024, had been a suspect for years. Retired detective Gerry Gallacher expressed concerns that the inquiry may only cover eight years of events, leaving 11 years potentially unaddressed and significant questions unanswered about Police Scotland's role.
Humza Yousaf's brother-in-law acquitted
Ramsay El Nakla, brother-in-law of former First Minister Humza Yousaf, has been acquitted of extortion and drug charges during a high court culpable homicide trial in Edinburgh. The Crown accepted his not guilty pleas, and he will now give evidence as a prosecution witness in the ongoing trial of co-accused Stephen Stewart, Jennifer Souter, and Victoria McGowan. The trio face charges relating to the intimidation and death of Ryan Munro at a Dundee flat in January 2024.
POLICING
Terrorism charges may collapse in Scotland
Arrests made in Scotland under the Terrorism Act following the proscription of Palestine Action may be vulnerable to collapse after guidance from Counter Terrorism Policing indicated that commonly used protest signs and displays within private homes do not constitute offences. The advice suggests such cases may fail to meet the legal threshold for "reasonable suspicion" of support for a banned organisation, raising concerns over wasted public funds and potential legal challenges. Around 20 people in Scotland currently face charges, despite similar cases in England and Wales being deemed non-prosecutable. The Crown Office has declined to comment on ongoing proceedings but confirmed that prosecutions are assessed independently and on a case-by-case basis.
Extra patrols for Scots synagogues
Police Scotland has intensified patrols around synagogues following a mass shooting in Sydney that killed 15 people, including British rabbi Eli Schlanger. Assistant Chief Constable Steve Johnson stated there is no specific threat in Scotland but urged vigilance. The attack occurred during a Jewish celebration, prompting concerns within the community. Johnson said: "We are actively communicating with faith leaders and community leaders." The incident has drawn widespread condemnation, with leaders expressing solidarity with the Jewish community. Timothy Lovat, chair of the Jewish Council of Scotland, affirmed the community's commitment to celebrating Hanukkah despite the attack.
TECHNOLOGY
CCTV cuts hinder Glasgow crime detection
Glasgow's police chief Chief Superintendent Emma Croft has reported that unmanned CCTV cameras are hindering crime investigations. The detection rate for robberies dropped from 79% to 60.9%, with 87 robberies recorded this year. Hate crimes also increased slightly, with a detection rate of 67%. Croft noted that the council's CCTV is only monitored from 3pm to 3am, limiting identification of suspects during daylight hours. She noted: "That is something that I will call out." The council reduced staffing levels to save £50m in February 2023, despite Glasgow having the largest public space CCTV system in the UK.
Law firms must evolve or perish
Rob Aberdein, Managing Director of Simpson & Marwick, argues that the legal profession's slow modernisation stems from outdated leadership practices. He emphasises that senior lawyers often lead with old methods, hindering progress. Younger lawyers and clients demand flexibility and purpose, not the traditional grind. Aberdein stresses that technology alone won't solve these issues; a cultural shift is essential. He advocates for continuous improvement in leadership and communication, stating: "Modernisation isn't a one-time project. It's a mindset." The profession must take personal responsibility for its evolution, he concludes.
FIRMS
AI law firm wins landmark case
A healthcare worker in the UK has made history by winning a legal battle with the help of Grapple Law, the first AI-operated legal practice. After being placed on a Performance Improvement Plan, she sought assistance from the AI firm due to financial constraints. Within weeks, she secured £30,000 without needing a tribunal or human lawyer. She commented: "The AI helped me understand I had a strong case." Grapple CEO Alex Monaco highlighted the significance of this case, noting it empowers individuals with affordable legal support.
SOCIAL
Alcohol ban in football challenged
Scotland's ban on drinking alcohol at football matches is being challenged as outdated, with industry groups urging the Scottish Government to allow sales at stadiums. The Scottish Beer and Pub Association has called for a season-long trial, arguing that recent pilots show alcohol can be sold safely while improving the matchday experience and boosting club revenues. Aberdeen FC is set to become the first Premiership club in more than 40 years to trial alcohol sales in a stadium concourse, following similar tests at lower-league grounds. The Scottish Government said its position has not changed, noting that any pilots must operate within the existing legal framework.
REGULATION
Nationwide fined £44m over crime control failings
Nationwide Building Society has been fined £44m by the Financial Conduct Authority (FCA) for failing to manage financial crime risks from October 2016 to July 2021. The FCA found that Nationwide lacked adequate anti-financial crime systems, allowing customers to misuse personal accounts for business activities. This oversight led to missed opportunities in detecting £27.3m in fraudulent pandemic-related furlough payments. Therese Chambers, the FCA's joint executive director, said: "Nationwide failed to get a proper grip of the financial crime risks lurking within its customer base." Nationwide acknowledged the shortcomings and has since improved its controls.
CRIME
MSPs unite to tackle puppy trade
MSPs have called for an end to Scotland's illegal puppy trade after meeting rescued dogs at the Scottish Parliament. Organised by the Scottish SPCA, the event highlighted the suffering linked to low-welfare breeding. MSP Emma Harper stated: "It is crucially important to make sure the message is shared to policy-makers." The Scottish SPCA reported 2,143 calls about suspected puppy farms in the last five years, with 220 logged this year alone. The charity is calling for a National Animal Offenders Register and reforms to the Animal Health and Welfare (Scotland) Act 2006 to combat this issue.
TAX
Rates revaluation threatens local tourism
Five major tourism and business organisations in Scotland have raised alarms about a proposed rate revaluation that could devastate self-catering businesses. The Association of Scotland's Self-Caterers, the Scottish Tourism Alliance, and others warn of potential rate increases between 120% and 300%. Former Minister Fergus Ewing MSP described the situation as "the day of the Jackal" for small businesses. The joint letter to Minister for Public Finance Ivan McKee urges immediate intervention and a review of the valuation approach, highlighting the severe impact on rural economies and the stress faced by operators.
 


Legal Matters Scotland is designed to help you stay ahead, spark ideas and support innovation, learning and development in your organisation.

The links under articles indicate original news sources. Some links lead directly to the source material. Others lead to paywalls where you may need a subscription. A third category are restricted by copyright rules.

For reaction and insights on any stories covered in Legal Matters Scotland, join the discussion by becoming a member of our LinkedIn Group or Business Page, or follow us on Twitter.

 

Follow us on FacebookFollow us on XFollow us on Linkedin

This e-mail has been sent to [[EMAIL_TO]]

Click hereto unsubscribe