Over 900,000 people could benefit from new plans which include measures to crack down on bogus self-employment, says the Government.

Bogus self-employment is a practice whereby some businesses mislabel staff as self-employed to avoid statutory obligations.

However, the day-to-day reality is that many of these people are treated as workers, not self-employed. External estimates suggest that as many as 900,000 people may currently be affected by this and could be missing out on core employment rights.

The Government is consulting on proposals that it says could provide greater clarity to businesses and workers, levelling the playing field for those businesses who are already doing the right thing and clamping down on abuses. This could help workers such as parcel couriers, delivery drivers, hairdressers and gig economy workers.

As part of the same measures, the consultation will propose targeted new protections for people who are genuinely self-employed, including a right to a written statement about individual contracts they enter and extended protections against the practice of blacklisting.

The consultation can be found here. It will run until 8^th January 2027.

This feed was drawn from the Society of Solicitor Advocates website

The Serious Fraud Office (SFO) has strengthened its guidance for corporates on self-reporting suspected fraud, bribery and corruption, introducing a new route for legal representatives to communicate directly with the organisation’s Director of Legal Services.

The update, announced by Director of Legal Services and General Counsel Matthew Wagstaff at the International White Collar Institute in London, follows feedback from legal practitioners since the guidance was first revised in April 2025.

Under the change, corporate’s legal representatives will be able to discuss a potential self-report directly with Mr Wagstaff via a new dedicated email address, GeneralCounsel@sfo.gov.uk, before committing to a formal report.

The SFO’s Corporate Cooperation Guidance, first launched in April 2025, commits that corporates who report promptly and cooperate fully will, barring exceptional circumstances, be invited to enter negotiations for a Deferred Prosecution Agreement (DPA). The guidance sets out that the SFO will make contact within 48 business hours of a self-report, provide regular updates throughout the process, decide whether to open an investigation within six months, and aim to conclude investigations within a prompt timeframe.

Alongside the new route to the Director of Legal Services, the updated guidance also clarifies that corporates are expected to take a proportionate, risk-based approach to identifying the full extent of any criminal offending and confirms that the six-month period for concluding DPA negotiations runs from the point at which an invitation to negotiate is accepted.

Further details can be found here.

This feed was drawn from the Society of Solicitor Advocates website

Landlords must act fast on damp and mould under a new law that came into force on 6^th October.

The Investigation and Commencement of Repair (Scotland) Regulations 2026 – also known as Awaab’s Law – gives landlords strict timescales to investigate any report of damp or mould, provide written findings, and carry out necessary repairs.

Guidance for landlords and tenants was published by the Scottish Government ahead of the legislation going live. This outlines:

• landlords must ensure reports of damp or mould are investigated promptly - this includes reports made by tenants or issues landlords discover during unrelated visits such as inspections
• investigations and repairs must be carried out by someone with relevant skills and experience
• necessary repairs must tackle the root cause of the damp or mould, not just treat the symptoms.

"The vast majority of homes in Scotland are already free from damp and mould, but we're determined to protect everyone, which is why we're extending these safeguards to social and private tenants,” said Housing Secretary Shirley-Anne Somerville. “Shaped through close work with tenant and landlord representatives, we have published guidance giving landlords the clarity they need to comply confidently, while ensuring tenants are clear on their rights.”

Two other measures in the Housing (Scotland) Act 2025 also came into force on 6^th October. These are:

• The time that a qualifying person needs to have lived in a residential tenancy to inherit the tenancy on the death of a tenant will reduce from 12 months to six months.
• The amount that can be awarded by the First-tier Tribunal to a tenant where a tenant’s private residential tenancy has been wrongfully terminated will be increased to between three and 36 months’ rent.

Further details can be found here.

This feed was drawn from the Society of Solicitor Advocates website

First Minister John Swinney has announced an independent review into the roles of the Lord Advocate and Solicitor General, chaired by Lord Boyd of Duncansby.

The review of the two Law Officer posts will consider:

• Whether the roles of the Lord Advocate and Solicitor General are still the most appropriate and effective arrangements for Scotland
• The advantages and disadvantages of the Lord Advocate holding both roles as head of criminal prosecutions in Scotland and the principal legal advisor to the Scottish Government
• Alternative Law Officer models, including those used in other parts of the UK.

Lord Boyd will appoint a reference group to support his work, bringing a range of expertise to the review. It will begin in the new year and present its findings and recommendations to Ministers later in 2027.

“Over the centuries, the roles of the Law Officers have not remained static. They have changed alongside Scotland’s society, institutions and constitutional framework to meet the needs of the people that they serve,” said the First Minister. “The current system has ensured that Government policy is informed by expert legal advice and guided by the rule of law, while the Lord Advocate remains directly accountable to Parliament for the exercise of her prosecutorial functions.”

“However, no system, however long standing, should be beyond examination,” he said. “It is right that we consider whether the current arrangements continue to serve modern Scotland as effectively as they can.”

Further details can be found here.

This feed was drawn from the Society of Solicitor Advocates website

The Lord President, Lord Pentland, has launched a consultation on the ten objectives for regulators contained in the Regulation of Legal Services (Scotland) Act 2025.

The Act creates a modern framework for the regulation of legal services in Scotland. Among other things, it introduces ten new regulatory objectives for regulators which protect consumers, give clarity to legal professionals about how they will be regulated and ensure that the regulators are accountable.

As the ultimate regulator, the Lord President wishes to reflect on what these new regulatory objectives mean, and how they should be applied by the regulators.

The Lord President is seeking views on his draft regulatory statement before it is finalised. Anyone who has an interest in the regulation of legal services is encouraged to respond to this consultation, especially consumers, legal professionals and regulators. Responses should be emailed to LordPresidentConsult@scotcourts.gov.uk by 5pm on 2^nd December 2026.

“The regulatory objectives require all the regulatory authorities, including me, to carry out our functions in a way which protects and promotes the interests of consumers and the wider public interest. We must also communicate effectively with bodies who represent the interests of consumers,“ said the Lord President. “The enactment of the new objectives gives everyone the opportunity to consider their scope and help to shape how they should be applied. It allows me to consider how the regulatory authorities can work more effectively together. It is important that we look collectively at what continuous improvements can be made across the whole system.”

“I would encourage all who have an interest in the regulation of legal services to respond to this consultation, especially legal professionals, consumers of legal services, bodies which represent consumer interests and the regulatory authorities. All responses will be carefully considered,” he said.

Further details can be found here.

This feed was drawn from the Society of Solicitor Advocates website

People who lose a loved one or experience the heartbreak of pregnancy loss, will gain new rights to take time off work under major changes confirmed by the Government earlier this week.

Ministers will introduce a new right to bereavement leave, from April 2027, for employees who lose a spouse or partner, parent, adult child or sibling. This will bring the UK’s laws into the 21st century as it will also include step, half, adoptive, kinship care and foster relationships who currently have no legal right to bereavement leave.

The Government has also announced that women and their partners who experience a pregnancy loss before 24 weeks – including miscarriage, terminations and unsuccessful IVF embryo transfers - will be entitled to up to two weeks of unpaid leave. This gives people the necessary time and security to grieve during one of the hardest moments in their lives.

It follows powerful campaigning, including from grieving parents who had no formal recognition of their loss, to put an end to years of inconsistency and confusion.

Currently, in these circumstances, there is no legal right to bereavement leave despite it being estimated that one in five women in the UK experience a miscarriage throughout their lifetime.

“No one should have to fight for time to grieve. These changes back people going through some of the hardest moments of life, whoever they are and wherever they work,” said Minister for the Future of Work, Kate Dearden. “I want to thank the campaigners, whose courage and testimonies have made this change happen.”

Further details can be found here.

This feed was drawn from the Society of Solicitor Advocates website

A new report from the Mental Welfare Commission for Scotland has revealed that the proportion of emergency detention certificates (EDCs) authorised with the consent of a mental health officer (MHO) has fallen to 38.6%, down from 56.0% in 2014-15.

The Commission says that this marks a decade of decline in an important safeguard intended to protect the rights and liberty of individuals detained under mental health legislation.

In the announcement, the Commission says:

“The data from our 2024-25 report confirms that EDCs without MHO consent are no longer exceptional, contrary to Recommendation 12.8 of the Scottish Mental Health Law Review, which explicitly states that such instances should be rare.

“Regional disparities are pronounced. On the Scottish mainland, MHO consent rates during 2024-25 ranged from 27.0% in NHS Greater Glasgow and Clyde up to to 81.4% in NHS Dumfries and Galloway. Boards that previously demonstrated high performance have seen substantial declines since 2016: NHS Tayside fell from 80.0% to 47.6%; NHS Fife from 77.0% to 43.1%; and NHS Highland from 74.0% to 59.4%.

“Age-based disparities further compound concerns. Individuals under the age of 25 are the least likely to have an MHO involved, with a consent rate of just 32.0%, compared to 36.8% for those aged 25 to 64 and 44.5% for those aged 65 and over. The most vulnerable individuals requiring the protection of mental health legislation are therefore now less likely to benefit from independent scrutiny at the point of detention.”

Further details can be found here.

The full report is here.

This feed was drawn from the Society of Solicitor Advocates website

In historic ceremonies at the Court of Session, four new Senators of the College of Justice were sworn in last week.

It marks the first time people of south Asian heritage have been appointed as Senators, and the first time a solicitor advocate from a major firm of solicitors has been appointed direct to the Supreme Courts.

In four separate ceremonies, Lady Anwar, Lord Ewing, Lord Ghosh and Lady O’Neill, were all installed as Senators of the College of Justice. Lord Pentland, Lord President of the Court of Session, administered the Oath of Allegiance and the Judicial Oath before inviting them to take a seat on the bench.

“I warmly congratulate the new Senators and very much look forward to working with them,” said the Lord President. “Their diverse knowledge and experience will be a hugely beneficial addition to the bench and they will provide the high quality impartial justice the people of Scotland expect from their judiciary.”

“The senior judiciary must reflect the society we serve. Those thinking of becoming judges should take confidence that, no matter one’s background or path in the law, becoming a member of the senior judiciary is open to you and based solely on merit,” he said. “Like the appointment of Lady Cosgrove thirty years ago, these appointments mark a welcome and historic step in further broadening the diversity of the senior judiciary.”

The Lord President added, “Most people never find themselves in a court room, but they can be confident that if they do, they will be met by judges who are impartial, independent and committed to the rule of law.”

Further details can be found here.

This feed was drawn from the Society of Solicitor Advocates website

Legislation to extend candidacy rights at council elections to Commonwealth citizens with limited leave to remain has been introduced into the Scottish Parliament.

The Scottish Local Government Elections (Candidacy Rights of Commonwealth Citizens) Bill will rectify an issue concerning Commonwealth citizens in local government elections.

At present, while citizens from outwith the Commonwealth with limited leave to remain can stand for election to local councils, Commonwealth citizens with the same status cannot. For example, a United States citizen with limited leave to remain can stand in a Council election but a Canadian citizen with limited leave to remain cannot.

This group of people were unintentionally left out of the Scottish Elections (Representation and Reform) Act 2025 which extended candidacy rights to foreign nationals with limited leave to remain. The 2025 Act was passed unanimously by the Scottish Parliament.

There is no impact on candidacy rights for MSPs.

This feed was drawn from the Society of Solicitor Advocates website

His Majesty The King has approved the appointment of Lord Briggs of Westbourne as the next President of the Supreme Court.

The King made the appointment on the advice of the Prime Minister and Lord Chancellor, following the recommendation of an independent selection commission.

Lord Briggs will take up his new role in January 2027, when the current President, Lord Reed, retires. Lord Briggs will be the Court's fifth President since it was established in 2009.

“It is a great privilege to be appointed President of the Supreme Court and to serve the public by upholding the rule of law,” said Lord Briggs. “I look forward to working with colleagues across the Supreme Court and the Judicial Committee of the Privy Council to deliver justice of the highest quality, transparency and accessibility.”

The current President, Lord Reed of Allermuir, welcomed Lord Briggs’ appointment.

"I am very pleased that Lord Briggs has been appointed to be the next President of the Supreme Court,” he said. “He is a judge of the highest distinction, with previous experience of judicial leadership. He has also demonstrated his commitment to increasing the accessibility and efficiency of the Justice system, both in domestic cases and in those heard by the Judicial Committee of the Privy Council. I wish him well in his new role."

The announcement can be found here.

This feed was drawn from the Society of Solicitor Advocates website