A sharp slice of what matters in Scottish law

A joint review by HM Inspectorate of Prosecution in Scotland (IPS) and HM Inspectorate of Constabulary (HMICS) has called for modernising Scotland's "antiquated" witness citation process in sheriff courts. The report highlighted that most civilian witnesses are still notified by post, causing inefficiencies, trial adjournments, and significant demands on police resources, including £2.66m spent on overtime in 2024–25. Inspectors recommended adopting digital citation methods, better coordination of witness availability, and training for staff, alongside a trauma-informed approach to notices. The review also suggested a fully integrated digital trial scheduling system to reduce unnecessary citations and improve the efficiency and experience of witnesses.

 

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Sir Keir Starmer has hit back at attacks from the Trump administration over the UK’s decision not to support the US-Israel attack on Iran, declaring that he would never send UK forces into action if there was no legal basis. His statement came after President Trump criticised the PM for blocking him from using Diego Garcia and RAF Fairford to carry out strikes on Iran, citing international law. The UK later gave permission to use the bases. The spat has exposed divisions over international law itself, with Nigel Farage asking: "International law? It is what you want it to be, really. What is it? Who decides it?" There are also differing views over what constitutes an "imminent threat" or under what circumstances a country can act in "collective self-defence". Lord Biggar writes in the Telegraph on how international law can shield grave injustice, such as when the UN Security Council was unable to authorise international military intervention to stop the Serbian ethnic cleansing of Muslims in Kosovo because Russia would have vetoed it. So, according to the UN Charter, when NATO did go to war against Serbia, it acted illegally. He also cites the Chagos Islands case and describes the 1960 UN General Assembly resolution on the principle of non-partition as "nonsense". Because international law is so flawed, Biggar contends, "blind obedience to it is irresponsible".

 

Financial Times

The Daily Telegraph

The Guardian

The Times

 

Scotland's Chief Constable Jo Farrell has suggested that police officers must prioritise crime prevention over assisting individuals in mental health crises. She emphasised that mental health issues should not fall under police's responsibilities. David Threadgold, chairman of the Scottish Police Federation, supported her view, urging the force to focus on its core duties. He noted that police resources are stretched due to their involvement in health-related matters. Scottish Conservative justice spokesman Liam Kerr and Labour justice spokeswoman Pauline McNeill echoed concerns about police handling mental health crises, calling for better support from trained professionals.

 

The Scotsman

Police in Edinburgh arrested a man yesterday following a knife incident in the Calders area that left two people in hospital with non-life-threatening injuries. The suspect was involved in a standoff on the 11th floor of a flat for several hours before being safely removed by officers. A man was treated for stab wounds, while a woman sustained a head injury not believed to involve a knife. Police have confirmed the incident is not terror-related and reassured the public there is no ongoing risk.

 

BBC News

The UK Government is considering reforms to non-compete clauses, which restrict employees from joining competitors after leaving a job. Proposed changes include a three-month cap on these clauses or potentially banning them altogether. However, the Employment Lawyers Association (ELA) argues that the current system balances employer and employee interests. Andrew Czechowski from Simkins warned that limiting non-competes could lead to longer notice periods and increased use of gardening leave, which may ultimately restrict employee mobility. He went on to warn that this would have cost implications as companies will face higher expenses to prevent talent from joining rivals. Hedge funds have also criticised the plans with Jack Inglis, the chief executive of the Alternative Investment Management Association (Aima), warning that the "radical" plans could "weaken firms' confidence" in Britain. Mr Inglis said: "The UK should not take risks with the strength of the City at a time when competition between financial centres for talent and investment has never been tougher."

 

City AM

The Daily Telegraph

Christian leaders in Scotland are urging Members of the Scottish Parliament (MSPs) to reject the Assisted Dying for Terminally Ill Adults (Scotland) Bill. They argue that the legislation could lead to coercion of vulnerable individuals, including the elderly and disabled. Rt Rev Rosemary Frew and Bishop John Keenan are among the leaders advocating for enhanced palliative care instead. They said: "True compassion does not mean helping someone to die, but committing ourselves to care for them in life." The final vote on the Bill is scheduled for March 17.

 

STV	Daily Mail

Lee Milne has been convicted of culpable homicide following the death of his wife, Kimberley Milne, who jumped from a bridge onto the A90 in Dundee. Prosecutors told the High Court in Glasgow that Kimberley, 28, had endured sustained domestic abuse over 18 months, including choking and physical assaults, which contributed to her death. Milne was also found guilty of a course of abusive conduct towards her, marking a landmark prosecution in Scotland. He will be sentenced in April, with police and prosecutors highlighting the case as an example of tackling domestic abuse and holding perpetrators accountable.

 

STV

Adam McManus, a former police officer, has been sentenced to one year in prison for sending sexual messages to an undercover officer posing as a 12-year-old girl. The 40-year-old, who worked at Cumbernauld police station, was caught during a covert operation targeting online child sexual abuse.

 

BBC News

Brodies has strengthened its corporate crime practice with the appointment of partner Neil Hay. He joins from Levy & McRae, alongside legal director Andrew Seggie and senior solicitor Hannah Baxter. Elsewhere, Donna Strong has joined BTO as a partner in the firm's Real Estate team, based in the Glasgow office. This appointment follows Partner John Dunlop joining the firm's Edinburgh office last year.

 

Press Release

The Competition and Markets Authority (CMA) is investigating three major hotel chains - Hilton, IHG Hotels, and Marriott - over potential breaches of competition law related to sharing sensitive market data. The CMA noted that while using data analytics tools is standard, sharing competitively sensitive information can reduce uncertainty among competitors. This may lead to coordinated behaviour, affecting competition. The CMA stated: "At this stage, no assumptions should be made about whether the law has been broken," but it may issue a statement of objections if violations are found.

 

Financial Times

City AM

London Evening Standard

The Guardian

In an opinion for The Scotsman, Alexander Johnson, an associate at Harper Macleod, argues that Scotland is well placed to become a leading European hub for sustainable data centres, provided its environmental strengths are matched by continued government support. He highlights Scotland's surplus renewable energy, cool climate, and strong grid and fibre connectivity as major advantages for operators seeking low-carbon infrastructure. Large regeneration projects and ambitious private investments, alongside supportive policies such as National Planning Framework 4, strengthen the country’s appeal. However, he warns that grid capacity constraints, planning uncertainty, and supply chain pressures may hinder progress.

 

The Scotsman

Scotland has become the first UK country to legalise water cremations, also known as alkaline hydrolysis, offering families an environmentally friendly alternative to burial or traditional cremation. The process dissolves the body in a heated mixture of water and chemicals, producing powdered remains that can be returned to relatives, while generating significantly less CO₂ than conventional cremation. The Scottish Government expects the first procedures to take place this summer, subject to planning and regulatory approvals, with funeral providers emphasising that the option is about giving families more choice. Public Health Minister Jenni Minto highlighted that the method meets the same care and dignity standards as existing funeral practices.

 

BBC News

Daily Mail