Inner House sends wind farm application for reconsideration after finding reporter did not consider project splitting issue appropriately

By Mitchell Skilling

Raeshaw Farms Ltd challenged the decision of the reporter for the Scottish ministers on the grounds of inadequate reasons for not considering a potential issue of project splitting, and separately irrationality. The developer, Energiekontor UK Ltd, appeared as an interested party having previously successfully appealed to the respondent over the initial refusal of planning permission by Scottish Borders Council.

The appeal was heard by the Lord President, Lord Pentland, with Lady Wise and Lord Ericht. The appellant was represented by J de C Findlay KC and K Young, advocate, the respondent by Crawford KC and McLean, solicitor advocate, and the interested party by Burnet KC and McKenna, advocate.

Salami slicing

On 15 December 2022, the interested party, a renewable energy development company, submitted a planning application to Scottish Borders Council for the erection of eight wind turbines and associated infrastructure, to be sited about 1.3 kilometres to the northeast of the village of Heriot and to be known as Wull Muir Wind Farm. The appellant, which operated a farm near the proposed development, objected to the application, which was initially refused. On an appeal by the interested party, the respondents appointed a reporter, who issued a decision on 14 January 2025 to grant planning permission subject to various conditions.

In allowing the interested party’s appeal, the reporter concluded that the proposal would make a “worthwhile and relatively early contribution to Scottish Government targets for the supply of renewable electricity and the reduction in greenhouse gas emissions”. They noted the appellant’s assertion that the interested party had not detailed the full grid infrastructure necessary to connect the proposal, but disagreed that this made it impossible to assess the full environmental impact.

The reporter dismissed a reference by the appellant to the “salami slicing” of the project, which he referred to as an attempt to circumvent the Environmental Impact Assessment Directive by dividing what was in reality a single project into separate parts, saying that any grid connection would require its own assessment. The parties noted previous consideration of the issue of project splitting in European Union cases and two Outer House decisions including Wildland v Highland Council (2021), where it was held that there was obvious uncertainty about aspects of the project which meant that no impermissible division had taken place.

Counsel for the appellant submitted that it would be wrong to assess the proposal without reference to the necessary grid connection. The reporter’s response to this argument was opaque and did not address the critical issue of whether they constituted the same project for the purpose of EIA assessment. Moreover, the authorities were clear that intention to salami slice was not the relevant benchmark, what mattered was the effect a project was likely to have on the environment.

Focused too narrowly

Delivering the opinion of the court, Lady Wise said of the issue of project splitting: “We reject the submission made at the hearing before us by senior counsel for the respondents that any error by the reporter on this point was not a material one. This was a material error. Further, and also materially, the reporter misdirected himself in relation to the definition of ‘salami slicing’ in a way that resulted in a failure to focus on the fundamental question of the interrelationship between the two phases of development and whether they both required an EIA at this stage.”

She explained further: “By focusing too narrowly on the way in which the application was framed rather than considering what was the true nature and scope of the project, the reporter failed to show that he understood the central issue in contention. In contrast with the situation in Wildland the reporter proceeded on the basis that it was unknown whether planning permission would be required for the future work not included for assessment in the EIA. That lack of knowledge was relevant to the correct approach that should have been taken to the project splitting issue.”

Considering the irrationality challenge, Lady Wise said: “Specific reference was made to the predicted generating capacity of the development once operational. In R (Ashchurch RPC) v Tewkesbury BC (2023) the road bridge that was part of a wider residential development had been the subject of an EIA that did not include the wider development. The Court of Appeal considered that this was irrational, Andrews LJ stating that whilst ‘it was open to the decision-maker to treat the prospective benefits of the wider development as material factors, it was irrational to do so without taking account of any adverse impact that the envisaged development might have, to the extent that it was possible to do so’.”

She concluded: “We consider that there is force in the submission that the approach in this case was similarly irrational. The respondents’ answer to the point was that the reporter was entitled to assess the proposed development on its own merits and on the assumption that a grid connection would be provided at a later date. That does not, with respect, address the irrationality of addressing only the merits and not the demerits of the anticipated completed development.”

The court therefore quashed the reporter’s decision of 14 January 2025 and remitted the matter to a different reporter for a fresh decision.

Bain rejects corruption accusations amid calls to resign

Ms Bain wrote to John Swinney in January informing him that Mr Murrell had been accused of embezzling almost £460,000 from the party – weeks before the information was made public.

Mr Murrell, 61, is accused of embezzling £459,000 from the SNP between 2010 and 2023. He has yet to enter a plea. A preliminary hearing is scheduled for 25 May.

Ms Bain rejected allegations of impropriety, telling Holyrood she had acted to safeguard, not influence, the judicial process.

The lord advocate, whose role violates the separation of powers by being functionally identical to both an attorney general and director of public prosecutions, was questioned after her email to Mr Swinney was first reported in the Scottish Sun.

During an urgent question, Labour’s Michael Marra asked why the details of the charge were included in a memo that was also circulated to senior civil servants and special advisers. He said the information “conferred clear political advantage” on the first minister and suggested “political interference” in the prosecution.

Mr Marra argued that the positions of both the first minister and the lord advocate had been “compromised”.

The Scottish Conservative leader, Russell Findlay, said the move “smacks of corruption”. He claimed it had given the SNP a “clear” advantage ahead of May’s Holyrood election and “endangered the lord advocate’s position of neutrality”.

Asked by Mr Findlay whether she was considering stepping down, Ms Bain replied: “I am not considering my position.”

She added: “I have had no involvement in this case and any suggestion that I am corrupt or my position is compromised I roundly reject.”

Ms Bain said the memo had not been requested by ministers and insisted they had not been granted “preferential access”. She also denied that the email conferred any “political advantage” on the government.

The Crown Office and Procurator Fiscal Service has repeatedly stated that Ms Bain is not involved in the Murrell case because it concerns politicians.

Addressing MSPs, the lord advocate said the purpose of her email was to confirm the indictment and the nature of the charge, to reiterate that she was not involved in the prosecution and to remind ministers to avoid “speculation and inappropriate commentary”.

She described it as “normal practice” to share such information with the first minister, adding that decisions were taken on a case-by-case basis.

However, when pressed for examples of similar instances, Ms Bain said she would respond in writing.

She also told the chamber that the memo had been sent in the knowledge that the indictment would become public – which it did on 13 February, almost a month later.

Scottish Conservative MSP Douglas Ross said that after the first minister’s office had received the email, the Crown Office had been telling journalists that only the date of the preliminary hearing could be reported.

Thorntons announces strong growth and new Dundee HQ

Turnover rose to £50.1 million, up from £43.9m, for the year ending 31 May 2025, marking a 14 per cent increase. The firm continued to grow its national footprint, with standout progress in Glasgow, where the office has rapidly scaled from a small base to nearly 50 people, with revenues increasing at close to 50 per cent year on year.

As it continued to expand its national footprint, Thorntons capitalised on the recovery in the property market, delivering a 24 per cent increase in associated revenue alongside a robust pipeline of corporate deal flow, private client work and international referrals. The firm also delivered strong growth in sectors critical to the Scottish economy such as energy, healthcare, tech and agriculture.

Operating profit held steady at £11.6m (£11.8m). This reflects Thorntons’ strategic investment during the year in its office locations, technology and people, setting up the firm for sustainable future growth.

This momentum underpins the firm’s decision to relocate its headquarters to James Thomson House, a flagship £26m waterfront development by Dundee City Council. Thorntons will occupy the top three floors of the Grade A building, reaffirming its long‑term commitment to Dundee, where it was founded.

The new HQ will provide modern workspaces, high-spec client areas, collaboration and event spaces and cutting-edge digital infrastructure. Designed to the highest sustainability standards, it includes BREEAM Excellent and EPC A credentials, alongside facilities supporting active travel.

Managing partner, Lesley Larg, said: “This is a seismic moment for Thorntons. In the past year we have expanded into new markets, welcomed exceptional talent and delivered sustained revenue growth across our full-service offering.

“Our growth across Scotland, combined with our new headquarters in the heart of Dundee, reflects our long-term confidence in the city and in the future of our firm. Dundee is our home and it will remain so. We want Dundee to benefit from the wider success of Thorntons. Our new HQ gives us a modern base to attract talent, embrace innovation and deliver even more for individual and business clients across the country.”

Councillor Mark Flynn, leader of Dundee City Council, said: “Thorntons is a home-grown success story. The firm has expanded significantly in recent years and remains proud of its heritage. The new premises will enable it to progress its ambitions, especially around emerging technologies.”

Elaine Sutherland: Let’s not raise the minimum age for marriage and civil partnership – at least, not yet

In the closing days of 2025, the Scottish government published its long-awaited Consultation on Family Law. One of the issues it explores is whether the minimum age for entry into marriage and civil partnership should be raised from the current 16 years old to 18; a difficult question on which I confess to being somewhat conflicted.

A striking feature of Scots law is that it empowers children and young people and holds them responsible for their actions at different ages in different contexts. For example, a young person is viewed as being mature enough to have possession of an air rifle at 14 years old (Firearms Act 1968, s.23) but is not trusted behind the wheel of a car until reaching 17 (Road Traffic Act 1988, s.101). A 16-year-old is regarded as ready to participate in shaping the future of the country by voting in Scottish elections (Representation of the People Act 1983, s.2(1A)), yet account will be taken of his or her youth and immaturity while under the age of 25 in sentencing following a criminal trial (Scottish Sentencing Council, Sentencing Young People: Sentencing Guideline, 2022).

This inconsistency in the law is sometimes the result of historical accident and sometimes the product of deliberate policy but, whatever the reason, a thorough review of the Scots law on age, capacity and responsibility is long overdue. Were further support for such a review required, the United Nations Committee on the Rights of the Child (the CRC Committee) recommended taking that step in its most recent Concluding Observations on the UK in 2023 (para.18(a)).

The minimum age for marriage and civil partnership

It is familiar territory that a young person acquires the capacity to marry or register a civil partnership in Scotland at the age of 16 (Age of Marriage (Scotland) Act 1977, s.1; Civil Partnership Act 2004, s.86). In the Consultation on Family Law, the Scottish government asks the question, “Should the Scottish government legislate to raise the minimum age of marriage and civil partnership to 18?” While it simply outlines some of the arguments for and against doing so, one is left with the impression that it is hoping that respondents will answer “Yes”.

At the outset, let me make clear that I do not think that getting married or registering a civil partnership at 16 or 17 is a good idea. In common with most other adults, it is my view that doing so would usually be premature and unwise.

That, however, is not the point. Raising the age for marriage would mean taking a fundamental right – one guaranteed by the European Convention on Human Rights, art. 12 – away from young people, albeit temporarily. Removing any right is a step that should only be taken where a strong case has been made for doing so, balancing protection and autonomy.

What, then, are the arguments advanced for and against raising the age?

Harms associated with early marriage

There is an abundance of evidence that marrying young is associated with a range of adverse consequences, particularly for young women, including dropping out of school; early childbearing and associated infant and maternal health issue and mortality; physical and mental health problems; and an increased risk of domestic abuse. However, much of the research on this was undertaken in jurisdictions in sub-Saharan Arica and on the Indian sub-continent where socio-economic conditions are very different to those prevailing in Scotland. What happens in these countries does not necessarily translate into the domestic setting here.

Were marriage to become unavailable to young people under 18, some would simply cohabit and all the same harms as flow from marriage would follow. In Mexico, for example, raising the age for marriage to 18 led to a reduction in child marriages, but many young women simply lived with their partners, had babies and abandoned formal education (C. Belles-Obrero and M. Lombardi, “Will You Marry Me, Later? Age-of Marriage Laws and Child Marriage in Mexico” (2023) 58 J. Hum. Res. 221).

A further point is worth noting. If the only option for 16 and 17-year-olds in Scotland who want to be together were to become non-marital cohabitation, they would be denied the more extensive rights that they would have had as spouses or civil partners. That would be so even if the proposals for reform of the law on cohabitation, set out in the Scottish Law Commission’s Report on Cohabitation and also discussed in the Consultation on Family Law (paras 1.15-1.77), were to be implemented. In short, by seeking to save young people from some harms, the legal system would be exposing them to others.

Read the full article on the SLN website

Eventus Law advises on sale of Trident Maintenance Services to Cardo Group

Trident Maintenance Services is a provider of building maintenance, refurbishment, and improvement services across Scotland and England. The business works with a wide range of clients across the social housing, healthcare, education, custodial, and commercial sectors.

The transaction was led by Craig Ramsay and Paul Macdonald, founders of Eventus Law.

Paul Macdonald said: “Craig and I are delighted to have been able to help Bill and Kenny with this transaction and are grateful to them for placing their trust in us to guide them through the process.

“We were pleased to be able to help deliver the project to completion within a compressed timeframe and hope the deal will be a huge success for all parties.

“This transaction was a significant one for our new business and a great example of the firm’s ability to deliver commercially focused, partner-led legal advice to owners navigating business succession.”

Kenneth Robson, who will continue to manage the Trident business going forward, added: “Paul and Craig at Eventus provided clear, commercially focused advice throughout the transaction. Their guidance and steady hand were instrumental in helping us navigate the process efficiently and achieve a successful outcome.”

Scottish insolvency rates edge upward despite January dip

A total of 74 insolvencies were recorded during the month, consisting of 42 creditors’ voluntary liquidations and 32 compulsory liquidations. There were no new administrations, company voluntary arrangements, or receivership appointments during this period.

Despite the slight monthly dip, the long-term insolvency rate has edged upwards. In the 12 months leading to January 2026, the rate reached 52.1 per 10,000 companies, representing a small increase from the 51.3 recorded in the preceding year.

Michelle Elliot, restructuring advisory partner at FRP in Glasgow, said: “While insolvency levels have dipped this month, many Scottish businesses are still under real pressure. High operating costs and inflation that’s proving slow to ease continue to squeeze margins and leave firms more vulnerable to unexpected shocks.

“That exposure, in what remain volatile operating conditions, makes it increasingly important for businesses to be proactive – stress-testing cashflow and costs, and having robust contingency plans in place if they start to run short of cash headroom.”

New resource for supporting people at risk of harm

The Adult Support and Protection National Learning and Development Framework has been published for use by professionals and volunteers across Scotland. 

Last year 63,144 adults affected by mental health problems, substance misuse, learning disabilities, physical disabilities, and infirmity due to age were referred for local authority protection.

Launching the new framework at a meeting of multi-agency professionals in Renfrewshire, social care minister Tom Arthur said: “Every adult has the right to live free from harm, with dignity and respect. Yet, across Scotland, we know that some adults face risks that threaten those rights and that levels of support and protection can vary. 

“Safeguarding is not just a legal duty – it’s a moral imperative. And it’s everyone’s business to help identify and safeguard adults at risk of harm.

“Our new framework sets out a clear, consistent approach to building knowledge and skills for everyone involved in safeguarding adults at risk of harm. It ensures a human rights based approach is at the heart of everything we do.”

WJM Dunblane strengthens offering on Italian affairs with new hire

Lara Vischi joins as an Italian affairs legal administrator at WJM Dunblane to assist lead partner Mirella Marchini and her team. Ms Vischi is originally from Monfalcone, Gorizia, and has lived in Scotland for over 25 years.

A fluent Italian speaker, she has experience working with estate planning cases through her previous role in banking for a legal and estates team.

From navigating Italian wills and estates to assisting intricate cross-border legal affairs, the firm continues to develop its culturally fluent legal support.

“Italian legal and administrative processes require both legal understanding and practical familiarity.” said Mirella Marchini, lead Partner at WJM Dunblane, who has lived in Scotland for 30 years but is originally from Genova and is qualified to practise law in both countries.

“By integrating dedicated Italian affairs support into our team, we are offering clients a more streamlined path through these often-complex systems.

“There is an established population of people like myself and Lara, with Italian heritage living in Scotland and our dedicated team ensures they can access trusted legal advice covering either or both jurisdictions, and in both English and Italian, without clients having to instruct separate legal representation in each country.”

In addition, new hire Kathleen Forsyth begins her role as a legal administrator in the WJM Dunblane office, reflecting its continued investment to servicing clients with complex legal matters.

Event: The Development of Commercial Law in Scotland

The book, edited by J Hardman, ADJ MacPherson and ALM Wilson, is the first volume of a series that examines this area of law. 

The volume focuses on the meta-themes in the shaping of commercial law, from understanding commercial law as a whole, to the influence of different factors on its development. 

It provides novel analysis and conceptualisation of the factors which influenced the development of Scots commercial law, the contribution of key individuals and groups to that development and the relevance of that development to modern Scots commercial law and practice.

The book contains chapters written by recognised experts, including academic lawyers, historians and senior judges.

Register here

Quote of the day

Something is rotten in the state of Denmark.

Shakespeare, ‘Hamlet’ (1.4.90)

And finally… mind the gap

Joseph Molloy, a former HSBC executive, avoided a prison sentence after admitting to 740 instances of “doughnutting”.

The practice of “doughnutting” involves a commuter buying tickets covering the stations at the start and end of their journey, leaving a “hole” in payment for the middle section.

Over an 11-month period, the retired head of passive equity used false identities and illicit Jobcentre Plus discounts to travel from his £2 million Orpington home to Canary Wharf via Southeastern Railway.

During sentencing at Inner London Crown Court, the prosecution described the scheme as “sophisticated” in its planning and execution, The Times reports.

While Molloy’s defence cited personal stress and bereavement in mitigation, Recorder Alexander Stein noted that the defendant was a man of significant financial means who could easily have afforded the fares.

Although the judge said the offending warranted a custodial sentence, he ultimately handed down a 10-month sentence suspended for 18 months.

Molloy was also ordered to complete 80 hours of community work, pay £5,000 in compensation, and has been banned from using Southeastern Railway services for a year.

The Future of High-Street Legal Services in Scotland: What the Next 3–5 Years Will Really Look Like

The next 3–5 years won’t bring dramatic disruption, but they will bring decisive change. Smaller offices. Hybrid teams. Radical clarity in communication. Fewer, stronger practice areas. AI working quietly behind the scenes. Transparent pricing becoming the norm, not the exception.

Some firms will feel calmer, more profitable, and more attractive to clients and talent alike. Others will hesitate, and feel the pressure intensify.
So what will separate the firms that thrive from those that struggle?

Read the full article to see what the future of high-street legal services in Scotland will really look like.

Read more