A sharp slice of what matters in Scottish law
Scottish Edition
5th August 2026
 
THE HOT STORY
Scotland expands High Court capacity to tackle case backlog
Scotland will increase the number of High Court venues from 10 to 14 by early 2027 in response to a sharp rise in serious criminal cases. The expansion will allow up to 26 High Court trials a day, up from 16 at the start of the decade, with new venues in Edinburgh, Glasgow, Dunfermline and Airdrie. The Scottish Courts and Tribunals Service said indictments are expected to exceed 2,000 this year, driven by complex cases, historical sexual offences and organised crime. Court leaders said further digital investment and justice system reform will be essential to reduce delays for victims and witnesses.

 
THE LAW
Single-sex spaces guidance comes into force
Updated guidance on single-sex spaces has come into force across Britain, more than a year after the Supreme Court's ruling on biological sex. The Equality and Human Rights Commission's code explains how the Equality Act applies to toilets, changing rooms and other single-sex facilities, providing guidance that can be relied on in court. The code does not create new law but is expected to influence legal challenges and the operation of public and private services.

 
CASES
Judge questions watchdog over councillor's free speech defence
A Court of Session judge has questioned whether the Standards Commission for Scotland can fairly assess Glasgow councillor Fiona Higgins' free speech defence after excluding evidence she says underpins her social media comments about proposed teacher cuts. Lord Sandison repeatedly challenged the watchdog's decision, suggesting it was difficult to assess proportionality while ignoring relevant documents. Higgins argues the emails and budget papers are central to her defence under Article 10 of the European Convention on Human Rights, while the commission maintains the material is unnecessary.
Murrell's legal aid costs taxpayers
Taxpayers are funding legal aid for Peter Murrell, the former SNP chief executive sentenced to five years for embezzling £400,310.65. Murrell's legal aid was granted despite his substantial assets being frozen under the Proceeds of Crime Act 2002. The Scottish Legal Aid Board stated that it cannot consider frozen assets when assessing eligibility. Stephen Kerr, justice spokesman for the Scottish Conservatives, called the situation an "insult" to taxpayers, emphasising that public funds should support victims, not criminals. Murrell's trial has already cost £4,831 in legal assistance fees.
INDUSTRY
Scottish legal panel names new chair
Former MP and minister Ann McKechin has been appointed chair of the Scottish Legal Services Consumer Panel as it takes on expanded powers under the Regulation of Legal Services (Scotland) Act 2025. The panel will represent consumer interests across legal services regulation, commission research, advise regulators and recommend improvements. McKechin said she aims to ensure consumers' voices are embedded in decision-making across Scotland's legal sector.
POLICING
Rise in protests having 'significant impact' on police
Police Scotland have warned that the "intensive and consistent" rise in the number of demonstrations is having a "significant impact" on the welfare of police officers, with more than 2,888 rest days cancelled since last August, and with £1.1m of overtime paid out to officers policing protests in 2025/26. Scottish Police Federation chair David Threadgold described the rise in protests as a "relatively new" demand on policing, adding: "We didn't have this level of pre-planned protests two or three years ago, so the service is having to respond to it. The consequences of the delivery of policing these protests across the country has a huge ripple effect." Scottish Government figures also show that the number of police officers has fallen to the lowest level in two years, with 16,402 full-time equivalent officers at the end of June.
EMPLOYMENT
Employers lag in harassment prevention measures
Employers in the UK are struggling to implement effective measures against workplace harassment, according to a survey by Pinsent Masons. While nearly 75% of employers claim to take "all reasonable steps" to prevent sexual harassment, less than 25% have systems to monitor the effectiveness of their training. The new legislation, effective from 1 October 2026, will require employers to take comprehensive steps to prevent harassment, including third-party claims. Susannah Donaldson, a partner at Pinsent Masons, emphasised the importance of ongoing risk assessments to identify and mitigate harassment risks.
FIRMS
Anderson Strathern boosts team with new partner
Anderson Strathern has appointed Sarah-Jane Macdonald as a partner in its dispute resolution team, enhancing its contentious trusts and estates practice. Macdonald, a Law Society of Scotland accredited specialist, brings over a decade of experience in private client law. She noted a growing trend in Scotland for challenging wills and estate administration, driven by financial pressures and increased awareness of rights.
LICENSING
Councillors to face no confidence vote over taxi scandal
A special meeting of Highland Council, originally intended to review a licensing committee decision to allow convicted rapist David Brown to retain his taxi operator's licences, has gone ahead despite Mr Brown's surrendering of the licences ahead of the meeting. Members attending instead voted unanimously to support a motion describing the "unprecedented action" to review the decision as "justified", while convener Cllr Bill Lobban also announced that the five councillors who backed the original decision will face a vote of no confidence next month - with the sixth, Willie Mackay, having already resigned from the council.

 

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