Pensions analysis: The Deputy Pensions Ombudsman has partly upheld a complaint about splitting pension assets and maladministration in a SSAS. Martin Scott of gunnercooke LLP looks at the decision.

The Scottish Sentencing Council (SSC) has announced that from 1 July 2024, new legislation comes into force, under which time spent by offenders on electronically monitored (EM) bail will be treated as time served for sentencing purposes. The measures will be introduced by the Bail and Release from Custody (Scotland) Act 2023 and will mean courts must have regard to the time spent on EM bail while awaiting trial or sentence when making a sentence of imprisonment or detention.

The Scottish Sentencing Council (SSC) has identified seven priority areas for new sentencing guidelines development, including sexual offences, domestic abuse, guilty plea considerations, environment and wildlife offences, mental health issues, modern slavery and human trafficking, and addressing unwarranted sentencing disparities. The announcement follows the completion of the Council's second national survey on public perceptions of sentencing and its May 2025 research symposium co-hosted with the Scottish Centre for Crime and Justice Research and the Sentencing Academy. The Council has also recently published an Issues Paper on judicial perspectives of mental health in sentencing and commissioned an external literature review on stalking sentencing in Scotland.

The Scottish Sentencing Council (SSC) has published its report on the first stage review of the sentencing young people guideline, which has been in effect since 26 January 2022. The review, covering the first year of implementation, analysed sentencing data for offenders aged 24 and under, with comparisons to those aged 25 and over. Key findings indicate no unintended consequences and a more significant drop in custody rates for the 21–24 age group, although causal links to the guideline cannot be definitively established. The Council acknowledges the need for a more comprehensive dataset and qualitative research to fully understand the guideline's impact. A wider-ranging review covering 2023–2025 is set to commence, aiming to provide a more detailed picture of the guideline's practical application and effects on sentencing practices.

The Scottish Sentencing Council (SSC) has published a detailed information pack to educate the public, particularly victims, on Scotland's court sentencing process. This resource provides clear explanations of sentencing procedures, roles and responsibilities of those involved, decision-making processes, types of sentences available, as well as an overview of prison release arrangements.

The Scottish Sentencing Council (SSC) has published a literature review, commissioned by the legal scholars from the University of Glasgow, examining the sentencing of modern slavery and human trafficking offences in Scotland. The review highlights the complexity and diversity of these offences, the low conviction rates under the Human Trafficking and Exploitation (Scotland) Act 2015, and the challenges posed by transnational elements, organised crime, and victim vulnerability. It compares Scotland’s legal and sentencing framework with that of England and Wales, where detailed guidelines exist, and underscores the potential value of incorporating victim perspectives and ancillary orders into sentencing practice. The report concludes that while sentencing is a critical component in addressing modern slavery and human trafficking, it must be situated within a broader systemic response. Effective investigation, prosecution, and victim support are essential to ensuring accountability and protection.

The Scottish Sentencing Council (SSC) has published its Annual Report for 2023–2024 which was laid before Parliament on 23 October 2024. The report highlights the Council's achievements throughout the year, including its guideline on statutory offences of causing death by driving in October 2023 which was Scotland’s first guideline on specific offences. SSC Chair and Lord Justice Clerk , Lady Dorrian, commented that significant progress has also been made with other guidelines including those addressing sexual offences, domestic abuse and rape offences.

CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 7 November 2016; it is no longer maintained. See further, timeline. Case facts Outline Ofgem Article 102 TFEU/Chapter II investigation into SSE plc in relation to an alleged abuse of dominance related to impeded competition in the market for connecting new developments to SSE’s electricity distribution networks. Latest developments On 7 November 2016, Ofgem formally accepted commitments from SSE and, as a result, closed its investigation (without determining whether there was a breach of competition law). In summary, under the commitments accepted from SSE: • there will be a a broad equivalence of quotations and charges between point of connection and all-works quotations issued by SSE for the same site• all SSE quotations are to be clear and transparent; to be facilitated by the functional separation of SSE's connections team in a non-contestable connections team and a contestable connections team • any discrepancy in comparable quotes will be recorded by SSE along with an explanation; this will be available to the independent auditor,

CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 10 October 2018; it is no longer maintained. See further, timeline. Case facts Outline UK merger investigation into the anticipated merger between SSE Retail and Npower. The transaction involves horizontal overlaps in markets for energy for domestic retail customers. Latest developments On 10 October 2018, the CMA issued its final report, clearing the transaction unconditionally after an in-depth phase 2 investigation. Parties SSE Retail comprises the household energy and services business in Great Britain of SSE plc (SSE). Npower Group plc (Npower) is a British household and business energy supply company owned by innogy SE (innogy). Market(s) Provision of electricity and gas in Great Britain. Background Under the transaction, announced on 8 November 2017, SSE Retail and Npower are to merge into a new company that will be 65.6% owned by SSE’s shareholders and 34.4% owned by innogy. The merged company will be an independent energy company. The parties notified the CMA, with the phase 1 investigation starting on 27

Public Law analysis: This case dealt with two claims for judicial review brought by individuals detained at the notorious Brook House Immigration Removal Centre. Under Article 3 ECHR, the Home Secretary has an obligation to put in place a legislative and regulatory system of protection (the ‘systems duty’). The court considered the operation at Brook House of Rule 35 of the Detention Centre Rules 2001, the mechanism by which vulnerable detainees are reviewed by a medical practitioner. Mrs Justice Jefford found that the Home Office’s failure to produce a Rule 35 report with respect to the claimants in this case was demonstrative of systemic failures at Brook House which constituted a breach of the ‘systems duty’. That duty extended to ensuring that the system in place is working. Written by Kyran Kanda, barrister at St Philips Chambers.

The Senior Salaries Review Body (SSRB), under commission from the Lord Chancellor in May 2025, has launched a Major Review of the Judicial Salary Structure to examine fundamental issues affecting judicial pay, including recruitment shortfalls, attractiveness of judicial offices, and organisation and leadership. The questionnaire, combining quantitative and qualitative questions, seeks insights into systemic challenges facing the judiciary and will inform Evidence Gathering Phase 1, which is underway from September 2025 to February 2026. The SSRB encourages individual responses from fee-paid and salaried judges in their personal capacities, rather than through judicial associations, which will provide separate written submissions. The SSRB also plans for stakeholders, including judicial appointment bodies, justice departments, and the heads of the UK judiciary, to submit written evidence by 27 February 2026 as part of this wide-ranging review. The call for evidence closes on 30 January 2026.

The Social Science Research Network (SSRN) has published an article titled International Arbitrators as a Profession by Professor, Catherine A. Rogers, offering a landmark analysis of how international arbitration has evolved into a fully-fledged transnational profession. Moving beyond state-based definitions of professional status, Rogers argues that arbitrators now constitute a cohesive global community, unified by specialised expertise, ethical norms, and reputational accountability.