Legal Matters Scotland
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25th April 2025

A free early morning round up of news for legal professionals across Scotland.
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CASES
Lord Scott appointed to head Emma Caldwell inquiry
Lord Scott, a high court judge, has been appointed to lead the public inquiry into the murder of Emma Caldwell, who was killed in 2005. Iain Packer was convicted last year of her murder, 19 years after he was first identified as a suspect. The Scottish government initiated this inquiry to scrutinise the original police investigation, which faced criticism for not pursuing Packer sooner. Margaret Caldwell, Emma's mother, expressed her support for Lord Scott, stating: "I'm happy with this decision - I'm hoping things will get going now." Justice secretary Angela Constance stressed the inquiry's importance, stating it would "provide answers to the victims and survivors involved." Aamer Anwar, the family's lawyer, said. "For the last year there has been an impasse because the family wanted a judge from outside the Scottish jurisdiction. Today the family are grateful to the Scottish government and, especially, the new lord president, Lord Pentland, in reaching a pragmatic solution."
Teenage girl faces terrorism charges
A 15-year-old girl from Dundee has been charged with six terrorism offences, including belonging to or claiming affiliation with a terrorist organisation. The charges, brought under the Terrorism Act 2000 and the Terrorism Act 2006, also include expressing support for such a group and inviting support for a terrorist organisation. The girl made no plea during her private hearing and has been granted bail pending further examination. As reported, she demonstrated "recklessness regarding whether her actions might encourage others to support the organisation." The case highlights serious concerns regarding youth involvement in terrorism-related activities.

 
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THE LAW
Findlay calls for prison changes after Supreme Court ruling
Following the Supreme Court's ruling that biological sex defines a woman under the Equality Act, First Minister John Swinney has confirmed the Scottish Government will issue updated guidance on single-sex spaces. Although a meeting with the Equalities and Human Rights Commission (EHRC) to develop the guidance has been postponed, Swinney stated public bodies are expected to act within the law. The EHRC has urged institutions to begin applying the court's ruling without waiting for formal revised guidance. Swinney has also been urged to remove male prisoners from women's prisons following the Supreme Court ruling. Scottish Tory leader Russell Findlay has called for immediate action, claiming that female prisoners are at risk due to the current policies.
Few schools fully compliant with lavatory guidelines
Taxpayers in Scotland face a multimillion-pound cost to remove mixed-sex lavatories from schools after a court confirmed such facilities are unlawful under longstanding regulations. Lady Ross KC ruled that all state schools must comply with the 1967 requirement to provide separate toilets for boys and girls, following a judicial review brought by parents against Scottish Borders Council. Research from For Women Scotland shows that only 13 of 243 responding state high schools are fully compliant with the 1967 rules. The installation of mixed-sex toilets had been previously endorsed by the Scottish Government’s transgender inclusivity guidelines and promoted by LGBT Youth Scotland through its charter scheme. First Minister John Swinney has since acknowledged that the ruling will require policy changes across the public sector.


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FIRMS
Collapsed firm's clients in home ownership battle
Clients of the defunct law firm McClure have spoken out about the financial and legal turmoil they have faced in trying to reclaim ownership of their homes, following the firm's collapse in 2021. McClure, which specialised in wills and trusts, is believed to have set up around 18,000 family protection trusts across England and Wales, many of which left clients unable to sell their properties or facing steep legal bills. Among them is Judi Brown, who paid over £3,000 to establish a trust aimed at safeguarding her home from inheritance complications, only to later incur additional costs to dissolve it. While she was ultimately successful in unwinding the arrangement, she expressed concern that many others may not be as fortunate. Police Scotland have stated that no criminality has been identified in connection with McClure’s activities.
TECHNOLOGY
Ofcom unveils new codes to protect children
Ofcom has released its final version of the Children's Codes of Practice, which firms must comply with by July. The codes, established under the Online Safety Act, mandate that social media and internet platforms block children's access to harmful content or face significant penalties. The codes require robust age verification for sites hosting adult content and algorithms to filter harmful material from children's feeds. Technology Secretary Peter Kyle said: "The Children's Safety codes should be a watershed moment – turning the tide on toxic experiences on these platforms – with the largest social media companies now having to prioritise children's safety by law." However, Ian Russell, chairman of the Molly Rose Foundation, said the new codes were "overly cautious" and that Ofcom's "risk averse approach […] will fail to prevent more young deaths like my daughter Molly's."
UK bans video game exports to Russia
The UK has banned the export of video game controllers to Russia, as they can be repurposed for piloting drones used in attacks on Ukraine. The ban is part of a broader package of approximately 150 trade sanctions announced by the Foreign Office. The sanctions also target other technology items, including software for oil and gas exploration, and various electronics and machinery.
TAX
Billionaire property investors, Goldman Sachs banker join UK exodus
The billionaire property investors Ian and Richard Livingstone have relocated to Monaco following a slew of tax hikes targeting the wealthy. Labour has scrapped inheritance tax breaks for overseas trusts and abolished the non-dom status, replacing it with a new residence-based system that requires the wealthy to pay tax on their global incomes. Bloomberg reports that the British siblings have a combined fortune of about $8.5bn. Meanwhile, City AM broke the news that top Goldman Sachs banker Richard Gnodde is moving to Milan to avoid changes the Chancellor made to the non-dom regime and foreign-held trusts. Gnodde’s departure is the first example of a senior banker moving to work in a different country, sparking fears the exodus is spreading to the top levels of the City. Milan, Monaco and Dubai are the chief destinations for the super-wealthy fleeing the UK, with experts estimating that over 11,000 millionaires have left London in the past year.
ECONOMY
Bailey alert to growth shock
The Governor of the Bank of England has expressed concerns over a "growth shock" affecting the UK economy due to Donald Trump's trade policies. Andrew Bailey said that while he was hoping the UK could strike a trade deal with the US, as it is an open economy it would still be hit by a slowdown in global growth. Speaking to CNBC television, Bailey added that the Bank's policymakers will have to weigh the risks to growth against an expectation of rapidly rising inflation. "We've got to balance those two. But I think the trade issue is the new part of that story," he said.
 


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