A sharp slice of what matters in Scottish law
Scottish Edition
21st August 2026
 
THE HOT STORY
£62m investment sought as High Court backlog worsens
Scotland’s courts service says around £62m of investment is needed over five years to modernise the justice system as High Court delays continue to grow. High Court indictments are expected to exceed 2,700 this year, compared with 935 in 2023/24, driven partly by historic sexual offences and serious organised crime. Average waits from court registration to trial could reach 135 weeks by 2028-29. Four additional High Court venues will operate from January 2027, increasing capacity to 26 trials a day. The Scottish Courts and Tribunals Service wants investment in digital case management and redesigned court processes. The Law Society of Scotland said significant investment was essential, while Victim Support Scotland warned lengthy delays were exacerbating trauma and increasing the risk of witnesses withdrawing from cases.

 
STV

 
FAMILY
Judge allows doctors to treat children without parental consent
A Court of Session judge has ruled that doctors can provide potentially life-saving treatment to children despite parental objections. Lord Braid authorised treatment in three cases where parents had refused consent, including blood transfusions for two children and tetanus protection for another. He concluded that courts could use their protective powers where children faced serious injury or death, without requiring child protection orders that would unnecessarily remove otherwise loving and responsible parents from their care.

 
STV

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THE LAW
Scotland’s business rates law questioned after zero prosecutions
Scotland’s non-domestic rates legislation is facing scrutiny after Freedom of Information requests found no criminal cases registered under section 29 of the Non-Domestic Rates (Scotland) Act 2020 between January 2024 and July 2026. The provision criminalises knowingly giving false or misleading information to councils or assessors, with fines of up to £1,000, but does not cover simple tax avoidance. Police Scotland said breaches are generally addressed through council-imposed civil penalties, while Edinburgh Council pursues unpaid rates through the Sheriff Court using measures including asset seizures and bank arrestments. Scottish Greens councillor Claire Miller called for the law to be reviewed amid concerns about business "phoenixing". Conservative and Liberal Democrat MSPs also demanded clearer enforcement and stronger action against companies avoiding liabilities.
TECHNOLOGY
Facial recognition to tackle football violence
Live facial recognition technology may be implemented in Scotland to prevent banned football supporters from attending matches. Craig Naylor, in his annual report, highlighted the need for modern solutions following violent incidents during the Rangers vs Celtic match in March. He called for a collaborative approach among clubs, authorities, and police to manage high-risk fixtures. Police Scotland is considering the use of this technology, ensuring compliance with data protection laws. The Scottish Government supports strengthening football banning orders to enhance safety at matches.
Lawyers cash in on social media advice
Lawyers are increasingly monetising their advice on social media, offering mentorship to aspiring candidates. Paul Leamy, a solicitor at Temple Bright, criticises this trend as exploitative, suggesting that it creates additional barriers to entering the profession. He noted that while 27,150 students were accepted into law courses last year, fewer than 3,000 training contracts were available. 
SOCIAL
Highland Council denies refuge review is cost-cutting exercise
Highland Council has insisted its review of women’s refuge provision is focused on protecting survivors rather than reducing spending. Inverness and Ross-shire Women’s Aid, which operate the region’s only refuge services, have raised concerns about funding stability and possible closures. The review, launched in 2024 to examine outreach, refuge provision and emergency support for high-risk domestic abuse cases, has been delayed but is expected to conclude by the end of August. Existing funding for both refuges will continue until March 2027. Councillor Richard Gale claimed the process appeared primarily focused on saving money, noting that approximately £100,000 had already been saved from the two organisations.
TAX
Highland council unveils tourist tax plan
Highland Council has proposed a tourist tax of £5 per night for hotels, guesthouses, B&Bs and short-term lets, with a reduced £2 rate for hostels and campsites. Unlike percentage-based schemes planned in Edinburgh, Glasgow and Aberdeen, the Highland levy would be a fixed charge and operate for nine months annually, excluding December to February. Accommodation providers could retain 5% to cover administration, while the council estimates its own annual costs at £550,000. The levy could generate up to £9.8m a year, with half allocated to visitor infrastructure, 20% to culture and heritage, and the remainder divided between community projects and tourism-sector development.
FIRMS
Aberdein Considine promotes two to partner
Aberdein Considine LLP has promoted Danny Anderson and Shilpi Jairath to partner. Anderson, previously a senior associate in the corporate and business advisory team, has over a decade of experience and is known for his work on mergers and acquisitions. Ritchie Whyte, head of corporate and business advisory, praised Anderson's reputation and commitment. Jairath, who served as operations director for the lender services practice group, brings over 22 years of experience in contractual recoveries.
Anderson Strathern expands in Orkney
Anderson Strathern has relocated its Orkney team to a new office in Kirkwall, enhancing its legal services in the region. The firm first established a presence in Orkney in summer 2024 and has now moved to 31–33 Bridge Street, close to local amenities. Sheila Tulloch, partner at Anderson Strathern, stated: "This move allows us to engage more directly with the community while underlining our long-term commitment."
Woodward joins Addleshaw Goddard
Gillian Woodward has joined Addleshaw Goddard as a partner in the construction litigation team, moving from Pinsent Masons. With over 20 years of experience, she has developed a strong reputation in UK construction and infrastructure disputes. Woodward will work from the firm's new Edinburgh office, marking the fourth partner addition in 2026.
Scullion LAW backs historic horse race
Scullion LAW has become the title sponsor of the Lanark Silver Bell Racenight, set for tonight at Hamilton Park. The event celebrates the rich history of Scottish horse racing, particularly the Lanark Silver Bell, which was moved to Hamilton Park in 2008.
CASES
Protesters face court over Arbroath march
Fourteen individuals from various Scottish towns, including Aberdeen and Inverurie, have been charged for participating in an unauthorised anti-immigration protest in Arbroath on June 20. The group allegedly ignored police orders to disperse during the procession, which blocked several streets. Some accused face additional charges, including assaulting a police officer.
Rapist challenges conviction and sentence
Three appeal judges are considering whether convicted rapist Charles Sutherland suffered a miscarriage of justice. His lawyers argue changes in the law would have allowed greater questioning of his victims and could have affected the verdict. They also claim his 11-year prison sentence was excessive.
Conman jailed for cancer fraud
Joseph Gibson, 35, has been sentenced to three years and two months in prison for defrauding victims out of £68,000. He falsely claimed to be a special forces soldier and a multimillionaire cancer patient. Gibson admitted to four counts of fraud involving three women and one man between July 2020 and October 2021.
IMMIGRATION
French police stop 61% of attempted Channel crossings
The French Government says it has prevented 185 small boats from crossing the Channel in the three months since a £660m deal to patrol its coast was approved, preventing 4,312 migrants from reaching Britain. This represents 61% of attempted crossings, a slight increase from last year. However, 130 boats evaded patrols, allowing 8,916 migrants to arrive. Shabana Mahmood, the Home Secretary, said the deal with France is "already having a real impact, stopping crossings before they happen and disrupting the criminal gangs behind them." However, Chris Philp, the Shadow Home Secretary, has highlighted figures showing that the number of migrants prevented from crossing the Channel by French police had more than halved to 14,462 in the past 12 months, from 30,012 in the previous year. 
AND FINALLY...
Ferry faces closure due to outdated laws
The MV Glenachulish, the last manually operated turntable ferry, faces financial challenges due to an outdated law. This law requires the ferry company to pay 5% of its annual income to the owner of Kylerhea Estate, Richard Oliphant of that Ilk, who received £10,000 last year. The payment cannot be lower than the previous year, adding to the financial strain. Local residents have reached out to MPs and MSPs for support in changing this law.

 

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