THE SALT PATH SCANDAL

Honor Logan (University of Aberdeen), Katie O'Brien (University of Strathclyde) and Emma Naylor (University of Aberdeen) were law student scholars, participating in the WS Society Summer Scholarship programme during August 2025. The Summer Scholars presented their research on the Salt Path Scandal and potential legal repercussions for factual inaccuracies in memoirs to a group of lawyers. The Scholars highlighted that it was a complex case study of of privacy, defamation, fraud, advertising law, medical ethics, and freedom of expression.

An excerpt of their article which summarises their research and CPD presentation can be read below.

Introduction

The memoir, The Salt Path by Raynor Winn (real name Sally Walker) was published in 2018 to critical acclaim and commercial success. The story raised themes of homelessness, terminal illness, and resilience through a 630-mile trek along the South West Coast Path. The memoir was a huge success and sold more than two million copies, generating approximately £9.5 million in sales. The book was later adapted into a film starring Gillian Anderson, released in 2025.

However, following its cinematic adaptation, The Observer published an article which questioned the factual accuracy of several key claims in the memoir. The primary allegations include:

  1. The Walkers’ homelessness stemmed from fraud rather than misfortune,

  2. Tim Walker’s (“Moth”) medical diagnosis of corticobasal degeneration (CBD) was either inaccurate or misrepresented,

  3. Identifiable individuals (such as a café owner in Mullion Cove) were portrayed in damaging and allegedly false terms.


Both Walker and Penguin Random House (PRH) deny these allegations. Nevertheless, the controversy has reignited legal debate over the honesty in memoirs, the responsibilities of publishers and filmmakers, and whether stronger safeguards should be imposed on media marketed as “true stories.” This article examines The Salt Path controversy through the lens of UK law, exploring key issues such as defamation, the misuse of private information, fraud and misrepresentation, medical ethics in publishing, advertising regulation, and publisher liability. It also considers whether industry reform is necessary.

Misuse of Private Information

One of the immediate legal risks connected to memoir writing is the misuse of private information. The modern tort of misuse of private information is derived from Campbell v MGN Ltd [2004] 2 AC 457.

The two-stage test subsequently developed asks:

  1. Did the claimant have a reasonable expectation of privacy?

  2. If so, is that expectation outweighed by the defendant’s Article 10 ECHR right to freedom of expression?


In order to ascertain whether a reasonable expectation of privacy exists, the court will consider many factors including; the claimant’s attributes, the nature of the activity, location, consent, the circumstances in which the information was obtained, and the impact of disclosure.

In memoirs, privacy disputes often arise when individuals are indirectly identifiable, despite disclaimers. McKennitt v Ash [2006] EWCA Civ 1714 confirmed that the truth in the information is irrelevant; what matters is whether the nature of the information is sufficiently private to engage Article 8 ECHR. In this case, private details of singer Loreena McKennitt’s life were prevented from publication by injunction, even though the defendant claimed she was telling “her own story.” If we apply this to The Salt Path, depictions of the café owner and other real individuals may constitute misuse of private information if they reveal damaging details about identifiable people. Even if the events occurred in public (e.g., a café), the nature of the information being allegations of bullying and harassment may engage Article 8 protections. Regardless, the decisive question remains whether a reasonable person of ordinary sensibility would find the disclosure offensive as per Campbell v MGN.

Lawyers advising authors and publishers should stress that disclaimers (“names have been changed”) are not sufficient protection if subjects remain identifiable. Additionally, sensitive material (medical details, finances, character allegations) must be carefully risk-assessed before publication.

Defamation

The Defamation Act 2013 provides that a statement is defamatory if it causes “serious harm” to one's reputation. For corporate claimants, harm must amount to “serious financial loss”.

Case law provides key principles:

  1. Sim v Stretch [1936] 2 All ER 1237: Would the words lower the claimant in the eyes of right-thinking members of society,

  2. E Hulton & Co v Jones [1920] AC 581: Liability arises even if characters were intended to be fictitious, provided that a reasonable person acquainted with the claimant would believe the character referred to them,

  3. Monroe v Hopkins [2017] EWHC 433 (QB): Twitter comments demonstrated that “serious harm” is assessed in light of context and dissemination.

In Scotland, the Defamation and Malicious Publication (Scotland) Act 2021 codifies defamation law and, under s.8(1)(a), abolishes the defence of “innocent dissemination” tightening liability for publishers. Applied here, the Mullion Cove café owner (and others who recognise themselves) may argue that The Salt Path seriously harmed their reputation by portraying them as bullies. Even unintended identifications (Hulton v Jones) may suffice.

Authors should avoid negative depictions of identifiable third parties unless supported by robust factual evidence or strong public interest arguments.

SPECIAL INTEREST GROUPS — SEPTEMBER DATES & NEW GROUP

The Society is pleased to announce the introduction of our new Golf Special Interest Group (SIG). This SIG is for WS members who are beginners, completely new to golf and those who are maybe revisiting golf after some time out. Like all the WS Society’s SIGs, this is open to all membership categories.

The Golf SIG will be lead by Helen Logan WS. Helen has secured a provisional booking at Dalmahoy Hotel and Country Club for up to 12 members.

Therefore, places on the SIG will be on a first come first served basis.

The price will be £100 each, for a block of 6 lessons. Available dates and times are Tuesdays (19:00 or 20:00), Thursdays (19:00 or 20:00) or Saturdays (11.00 or 13.00). All equipment will be included. You will cover every part of the game, starting in the driving range. Through the weeks, you will start to develop the skills need to play the game.

To confirm your place on this initial block of lessons, please contact membership@wssociety.co.uk, stating your availability (Tuesday, Thursday and/or Saturday) and confirming you are available to begin lessons in October 2025.

OTHER SIG MEEINGS IN SEPTEMBER

ART SIG

The Art SIG are meeting next Saturday, 6 September, at the St Monans Festival 2025 (The Gallery, 8 West Shore, KY10 2BS). The members will have a private view of the works and a talk by the Artist in Residence. Coffee and Scottish shortbread will be provided in the morning. The group will lunch at 1 pm at the East Pier Smokehouse, St Monans.

 In the afternoon members may enjoy a self-guided tour of the St Monans Art Festival of Artist’s Open House exhibitions and/ or the coastal walk along the East Neuk.

If you would like to attend or have any questions, please contact Valerie at Valerie.paterson@googlemail.com who will provide further details to attendees.

 

BOOK CLUB

 

Book Club will meet for their seventh meeting on Tuesday 9 September, 5.30 - 6.30 pm. They will discuss The Bell Jar by Sylvia Plath. Please register for the Zoom meeting here.

The date for the October meeting will be confirmed shortly. The October book will be Joseph Knight by James Robertson.

Email membership@wssociety.co.uk to note your interest.

 

CHARITY AND THIRD SECTOR

 

Charity and Third Sector SIG next meet on Thursday 11 September, 12.30 - 13.30 pm. The SIG will be joined by guest speaker, John Fitzgerald, Head of Digital Evolution at SCVO. John will lead a discussion on the use of generative AI in the third sector. Register for the Zoom meeting, here.

Please note - all AI SIG members are invited to this meeting.

 

Dates for the next AI SIG and History SIG will be confirmed later in the year. Email membership@wssociety.co.uk to note your interest in attending these meetings.

DEED BOXES AND PAPERS OF FYFE AND IRELAND WS

This recent donation to The WS Society is a collection of items from the WS firm Fyfe Ireland, originally at 71 Hanover Street, Edinburgh. The enamelled deed box belonging to Adam Fyfe contains a brass name plate of the firm’s New Town office, a wooden box belonging to Alexander Ireland, and the personal cashbook of Adam Fyfe.

The deed box had a great deal of rust, particularly across the base, so we decided to remove as much of it as possible without removing any of the enamel or historic qualities. I used a mixture of oxalic and citric acid applied with stiff nylon brush - very satisfying! The box then had museum wax applied to slow down any future oxidation.

Since the conservation work was undertaken, we have been in kind receipt of a further deposit of papers relating to Fyfe and Ireland which throw open a window onto the lives and careers of the firm and its partners during often difficult and turbulent times.

The Signet Library is dedicated to the preservation of the memory of the legal profession in Scotland and we are keen to assist with the appropriate preservation of records, materials and archival matter relating to Scotland’s solicitors and law firms. We are eager to hear from anyone with material of this kind that needs a home or who is aware of such material under threat of disposal. Please contact us at library@wssociety.co.uk .

CATALOGUING THE LETTERS AND PAPERS OF SIR CHARLES LOGAN DKS (1837-1907)

Vilde Bentsen with letters from the Logan archive

Sir Charles Logan became Deputy Keeper of the Signet in 1887 and oversaw one of the most significant periods in the history of the WS Society. Coming into office just after the legal reforms of the 1870s which had removed almost all of the ancient privileges (if not responsibilities) pertaining to the Society’s lawyers, Sir Charles oversaw the planning and construction of the innovative steel-framed West Wing extension of the Signet Library, the writing of the 1890 History of the Society of Writers to HM Signet and the Society’s education and training reforms. His period of office saw the Society reach new heights of reputation and significance.

The Society is fortunate to hold a considerable archive of Logan’s papers and correspondence from his period in office, and over the past six months these have undergone a thoroughgoing process of reorganization, interpretation and cataloguing undertaken by the archivist Vilde Bentsen. Vilde’s completed project has output an extraordinary 110 pages of archival description, analysis and a schema which will be deployed to add the records to the WS Society online archive catalogue.

Much of the archive is of a technical and professional nature, and there is much to learn here about the role, almost entirely previously unstudied, of the figure of Deputy Keeper to the Signet. But human stories also abound. Some of these are profoundly moving: a constant theme is Logan’s care and concern for the Society’s great scholar-librarian Thomas Graves Law, stricken by his final, drawn-out illness. But there is also comedy, particularly in the letters regarding the great 1900 photograph of the whole Society. Instructed by the Clerk to present themselves at a portrait studio on Princes Street, members made it very clear that they did not appreciate being told what to do! But even here, and throughout the rest of the papers, the community and mutual support of the WS Society and Writers to the Signet shines through.

Vilde now goes on to new projects in Manchester. During her time here her warmth and good humour were much appreciated by her colleagues, and she very quickly became a part of the Signet Library “family”. We are very grateful to her for her remarkable work and she will be much missed.

SUMMER SCHOLARS 2025

In Summer 2025 we were delighted to welcome nine bright law students to the Signet Library. The students join a team-based research project on a contemporary legal issue, working towards a digital presentation to external delegates and a written report for publication on the Society’ website. With the resources of the Signet Library at their fingertips, WS Scholars have access to the latest materials fundamental to any career in law, while at the same time being able to experience over 500 years of legal history.

Maria Taciuk-Cabrolier (University of Edinburgh), Struan Macdonald (University of Dundee) and Charles Phillips (University of Edinburgh) explored The Land Reform (Scotland) Bill — Stage 2 and provided an analysis of Part 1 of the Bill relating to large landholdings. Read their research here.

Duaa Ali (University of Dundee), Kaitlin Bastow (Abertay University) and Sam Etchells (University of Edinburgh) analysed The Regulation of Legal Services (Scotland) Act 2025. Their analysis can be read here.

Duaa, who is going into fourth year in September, recalls her time with us: “I have had the most amazing and insightful two weeks at The WS Society participating in their Summer Scholars Programme. The history behind the society and its intensive collections are beyond impressive. I thoroughly enjoyed exploring the library and its books. It is not everyday you get the opportunity to hold a first edition of Stair from 1681! My inner bookworm was very happy.”

The final group, Honor Logan (University of Aberdeen), Katie O'Brien (University of Strathclyde) and Emma Naylor (University of Aberdeen) studied the Salt Path Scandal and potential legal repercussions for factual inaccuracies in memoirs. Their research can be read here.

Honor will start the DPLP in September and is a Student Member of the Society. She recalls: “Throughout the placement, I learned so much about the history of law and the legal profession, both through my research and through the many engaging conversations I had with legal professionals. I’m especially grateful to have attended several insightful networking events — thank you to Kelly Hardman WS, Nicholas Peter Oprescu-Havriliuc and Zoe Hamilton WS for your time and perspectives. Most of all, I feel very fortunate to have worked alongside such warm, capable, and supportive fellow Scholars Emma Naylor and Katie O’Brien. I gained so much knowledge, confidence, and appreciation for the profession which have provided me with many lessons I will take forward.”

Kelly Hardman WS was delighted to meet with the students: “In advocating for the incredible work the Society does for our profession, I was delighted to meet a lovely group of current WS Summer Scholars — right in the middle of the Edinburgh Fringe buzz. We talked about career journeys, the space sector (big hit!), and the real life of working in an international firm like Fragomen. I hope our chat inspired them to be bold and brave.”

The students are poised to make significant contributions to their chosen fields and their time at the Signet Library will undoubtedly shape their academic and career paths. We are proud to support their journey and look forward to welcoming students back in 2026.

The programme takes place annually in three blocks of two weeks across July and August. Applications for next year will open in Spring 2026. For more information, please contact Sophie Mills WS.

AUTUMN CPD 2025

The Society’s leading CPD programme continues with further conferences during October, across a wide range of practice areas. Events are open to all, with discounted rates for WS members. All events will take place, in person, at the Signet Library.

The ethos of the modern programme is to combine high quality technical learning with the opportunity to interact and network with others in your sector. Conferences and courses have a practical focus, and are delivered by expert professionals from the UK and abroad. Our expert speakers and facilitators will delve into the latest trends, challenges, and opportunities in the following areas of law:

Oct 9, 2025: STEP/WS Private Client Conference

Oct 22, 2025: Employment Law Conference 2025

Oct 23, 2025: PNLA/ WS Professional Negligence Conference

Oct 30, 2025: Sports Law Conference

The full conference programmes will be announced soon. Make sure your organisation is represented by reserving a place now.

For more information, contact Sophie Mills WS.

MODERN ATHENIAN: THE SIGNET LIBRARY IRON TABLES

One of the most remarkable features of the Signet Library Lower Hall are the ten iron writing tables. When new in 1815, these formed part of what was then a cutting-edge fireproof warm air heating system designed for the Library by the engineer James Jardine, in which a coke stove in what is still today the boiler room generated hot air, which was piped through the floor through the tables and into the Lower Hall. The Society retains the account for the original purchase which shows that the tables cost £105.00 and were supplied by the Edinburgh Iron Foundry of Leith Walk. However, during the Lower Library’s redesign of 1889 the tables were removed from their 1815 positions, since when the original arrangement in the room has been only partly understood.

In October 2024, a chance discovery at the National Library of Scotland revealed a large and unsuspected cache of architectural drawings of the Signet Library and its surrounding area. Amongst these were ten previously unknown Signet Library design drawings by William Stark, the genius behind both Upper and Lower Halls, but the collection also included drawings showing the function and layout of James Jardine’s warm air heating system. These show the original position of each of the ten iron tables and the arrangement of the pipes that supplied them, confirming and clarifying a lot of the thinking about the Lower Hall. (The plans bring surprises with them too. The main drawing of the system is also the earliest record of the Lower Hall as it appeared before the alterations of the 1880s and it reveals the presence of two sets of stairs to the Gallery in 1815 instead of one, the stairs taking up all of Alcoves 1 and 20).

Today, the iron tables (which have recently been restored and recovered) retain the collars that once controlled the flow of warm air, and some still show signs of the original bronze paint. Some, at least, of the original warm air piping is known to survive beneath the floor, with some being temporarily uncovered during the restoration works of 2015. They are among the most remarkable pieces in the Society’s collection, having, as the great architectural historian Ian Gow once remarked, “a strong claim to be the most archetypal pieces of Modern Athenian furniture in the whole of Edinburgh”.

MODERN ATHENIAN: THE SIGNET LIBRARY IRON TABLES

One of the most remarkable features of the Signet Library Lower Hall are the ten iron writing tables. When new in 1815, these formed part of what was then a cutting-edge fireproof warm air heating system designed for the Library by the engineer James Jardine, in which a coke stove in what is still today the boiler room generated hot air, which was piped through the floor through the tables and into the Lower Hall. The Society retains the account for the original purchase which shows that the tables cost £105.00 and were supplied by the Edinburgh Iron Foundry of Leith Walk. However, during the Lower Library’s redesign of 1889 the tables were removed from their 1815 positions, since when the original arrangement in the room has been only partly understood.

In October 2024, a chance discovery at the National Library of Scotland revealed a large and unsuspected cache of architectural drawings of the Signet Library and its surrounding area. Amongst these were ten previously unknown Signet Library design drawings by William Stark, the genius behind both Upper and Lower Halls, but the collection also included drawings showing the function and layout of James Jardine’s warm air heating system. These show the original position of each of the ten iron tables and the arrangement of the pipes that supplied them, confirming and clarifying a lot of the thinking about the Lower Hall. (The plans bring surprises with them too. The main drawing of the system is also the earliest record of the Lower Hall as it appeared before the alterations of the 1880s and it reveals the presence of two sets of stairs to the Gallery in 1815 instead of one, the stairs taking up all of Alcoves 1 and 20).

Today, the iron tables (which have recently been restored and recovered) retain the collars that once controlled the flow of warm air, and some still show signs of the original bronze paint. Some, at least, of the original warm air piping is known to survive beneath the floor, with some being temporarily uncovered during the restoration works of 2015. They are among the most remarkable pieces in the Society’s collection, having, as the great architectural historian Ian Gow once remarked, “a strong claim to be the most archetypal pieces of Modern Athenian furniture in the whole of Edinburgh”.

WS COUNCIL

 

ZOE HAMILTON WS

Zoe is a Corporate Lawyer at Lloyds Banking Group (LBG), and part of its Corporate and M&A Legal team. She has been with the bank for ten years, after a private practice career with Dickson Minto WS and Dundas & Wilson. Zoe advises the bank on corporate aspects of industry-wide initiatives, acquisitions, fintech investments, and disposals. Zoe is a member of a working group advancing Disability & Neurodiversity inclusion within LBG and is the Scottish lead for the LBG Jewish Network. She has previously tutored in Company & Commercial law at the Edinburgh Law School. 

Zoe is delighted to be appointed to the WS Council and looks forward to contributing to the WS Society’s work, particularly with the next generation of young lawyers and promoting excellence in the legal profession.

 

KELLY HARDMAN WS

Kelly Hardman WS is a Director at Fragomen LLP, where she leads the firm’s UK Energy Sector Group, UK Defence and Space Industry Group and UK Luxury Brands sector. With a career spanning complex immigration and mobility strategy, Kelly advises multinational clients (individuals and companies) globally on navigating fast-evolving regulatory landscapes, crisis management, workforce planning, and global mobility. Her work includes everything from advising offshore energy operations to supporting humanitarian cases, complex citizenship matters and championing pro-bono initiatives.

Dual-qualified in Scotland, England & Wales, Kelly was admitted to the Scottish roll in 2024 after self-studying Scots law while managing full-time legal practice and motherhood. She is also a member of the Scottish Parliament’s Cross-Party Group on Space, reflecting her deep engagement in shaping policy and sector-specific innovation.

A proud Writer to the Signet, Kelly’s connection to the WS Society is deeply personal and symbolic, combining her love of legacy, tradition, and public service. She sees the Society not just as an institution but as a community of mentorship, excellence, and enduring values.

Kelly lives in Edinburgh and remains committed to advancing inclusive leadership, building legacy, and inspiring future generations.

 

KATRINA LUMSDAINE WS

Katrina is a solicitor and partner at Anderson Strathern LLP.  Katrina was educated at Madras College in St. Andrews, did her undergraduate degree at the University of Aberdeen, an ERASMUS exchange at the University of Palermo and her Diploma at the University of Edinburgh.  She qualified as a solicitor and notary public in the 1990s.  She was granted her higher rights of audience as a Solicitor Advocate in 2005. She was appointed as a legal member to the First-tier Tax Tribunal for Scotland in 2015 and continues to sit on the First Tier Tribunal for Scotland, Tax Chamber.   Katrina trained at Ketchen & Stevens WS.  She then moved to Henderson Boyd Jackson before joining international firm DLA Piper.  She was appointed as a partner in Anderson Strathern’s dispute resolution department in 2008.  She currently heads up their Edinburgh Commercial Litigation team.   Katrina’s particular areas of interest are in resolving commercial disputes, insolvency law, competition law, intellectual property disputes and contentious executries.  Chambers & Partners for 2025 notes that “Katrina is a pleasure to work with. She is down to earth, sensible and a no-nonsense professional. She is very knowledgeable and committed to providing a high level of service.”

Katrina was delighted to be invited to join the Council. She very much looks forward to being able to contribute to the development of the Society during her time as a member of Council, particularly promoting further diversity in its membership and inclusivity in the profession

 

ALAN MCMILLAN WS

Alan McMillan is partner in Burness Paull’s Dispute Resolution team and is a commercial litigator. He also heads up the real estate litigation team. He represents clients from the whole spectrum of the property and commercial sectors and also has wide experience of acting in contentious planning, construction and other commercial disputes. He has significant arbitration experience, including cross-border enforcement, is an accredited expert and a Lawyer Arbitrator.

Alan is a CEDR-accredited mediator and has co-authored a leading Scottish text on dilapidations and has chaired the Property Litigation Association in Scotland. He also sits on the Commercial Court Users Group in the Court of Session and is a solicitor advocate. He is ranked in Band 1 by Chambers UK and Legal 500  for real estate litigation in Scotland.

 

DONNA REYNOLDS WS

Donna is a Partner in the Blackadder’s Employment team. She has specialised in employment law for 15 years and regularly appears in the employment tribunals for both employers and employees.

Donna gives advice on contentious and non-contentious employment issues with a particular focus on discrimination and a keen interest in disability, pregnancy and maternity, and sex discrimination and discrimination in partnerships.

She participates regularly in seminars and training events on all aspects of employment law for clients and HR professionals.

SIG ROUND UP

Book Club will be meeting on Tuesday 5 August, 5.30 - 6.30 pm, to discuss The Last Man by Mary Shelley. You can register for the Zoom meeting, here.

The September meeting date will be confirmed next week. The September book will be The Bell Jar by Sylvia Plath. Email membership@wssociety.co.uk to note your interest.

 

Charity and Third Sector SIG met on Thursday 24 July. They were joined by Mark Wilson, co-founder of TrusteeConnect, to discuss 'Trustee Recruitment and Induction'.

Charity and Third Sector’s next meeting will be on Thursday 11 September.  They will be joined by John Fitzgerald, Head of Digital Evolution at SCVO, who will discuss the use of generative AI in the third sector. Please note – this meeting is open to both Charity and Third Sector SIG and AI SIG members. You can register for the Zoom meeting, here.

 

Our Student SIG met on Wednesday 30 July. The students were joined by WS Member speaker Neil Hay, Solicitor-Advocate, for an informative and engaging session on career development. The event was well-received by attendees, who appreciated Neil’s candid advice and the opportunity to hear directly from an experienced practitioner in criminal law.

“I had a fantastic time at the event with Neil Hay WS … Thank you to [to the Society] for arranging this, this was very useful to me for future applications.”

“It was an insightful event. Neil Hay WS imparted valuable advice drawn from his distinguished career.”

“Neil Hay WS offered frank and honest discussion to anyone interested in a career in criminal law. He encouraged us to be curious and spontaneous in seeking a traineeship based on his experience as a practicing lawyer. I'm grateful to the WS Society and to Neil for making this fantastic event possible.”

 

Our other SIGs will take a short break over summer. Dates for the next AI SIG, ART SIG and History SIG Book Club will be confirmed later in the year.

Check the Special Interest Groups page for updates and register your note of interest by emailing membership@wssociety.co.uk.

WS SUMMER SCHOLARS RESEARCH THE LAND REFORM (SCOTLAND) BILL

Maria Taciuk-Cabrolier (University of Edinburgh), Struan Macdonald (University of Dundee) and Charles Phillips (University of Edinburgh) were law student scholars, participating in the WS Society Summer Scholarship programme during July 2025. The Summer Scholars presented their research on the Land Reform (Scotland) Bill to a group of lawyers working in the areas of land law, property law and commercial law. The Scholars highlighted the impacts of Land Management Plans, the community right to buy and lotting on landholders and the public should the Bill be passed by the Scottish Parliament.

An excerpt of their article which summarises their research and CPD presentation can be read below.

Introduction

Land reform has been a legislative priority since devolution and seen several landmark pieces of legislation passed including:

  • Abolition of Feudal Tenure (Scotland) Act 2000

  • Land Reform (Scotland) Act 2003

  • Community Empowerment (Scotland) Act 2015

  • Land Reform (Scotland) Act 2016

The latest in this series is the new Land Reform (Scotland) Bill which was introduced in March 2024. Part 1 of the Bill seeks to improve transparency in the management of land, strengthen existing community rights to buy, and provide for the breaking up of land prior to sale and is based on the recommendations of the Scottish Land Commission, published in 2019, which concluded that: “In some parts of Scotland concentrated landownership appears to be causing significant and long-term damage to the communities affected”. 

This feature aims to explain and analyse Part 1 of the Land Reform (Scotland) Bill, in particular the proposed systems for Land Management Plans, the community right to buy and lotting.

Land Management Plans

Section 1 of the Bill requires “that there is a publicly available land management plan in relation to the land”. This applies to all landholdings exceeding 1,000 hectares (2,471 acres) in area. Land management plans (LMPs) can be compared to published corporate objectives or mission statements, setting out future goals and policy. The Scottish Government hopes that LMPs will enable stronger links between the day-to-day management activities of land and the long-term strategic objectives for a landholding, thus making passive landownership difficult. LMPs, however, are not entirely new. The forestry sector in Scotland has been burdened with a similar system for some time, as they are required to have an ‘issues log’, which has comparative elements to an LMP. The ‘issues log’ publishes concerns raised by stakeholders and how those engaged in forestry work will address them. Although there are similarities to this system, the Bill represents a significant expansion of the obligation.

Community Engagement Regulations will set out the information to be included in a LMP. It must include information on four key points:

  1. Details of how the ownership of the land is structured.

  2. The long-term objectives for managing the land, including any potential sale.

  3. Details of how the owner complies with the obligations in the Community Engagement Regulations, the Scottish Outdoor Access Code and the Code of Practice on Deer Management.

  4. Details of how the owner manages the land in a way that contributes towards achieving the Scottish Government’s net zero emissions target, adapting to climate change and increasing or sustaining biodiversity.

There is significant support for LMPs with 77% of those involved in the public consultation agreeing that there should be a duty on landholders to demonstrate their plans for land management. These plans could help shape a future vision of Scottish land use that prioritises the environment, transparency, and local communities. At their best, LMPs will provide a clear format for affected landholders to demonstrate their compliance. They may also assist long-term decision-making by landholders and encourage more consideration about the use of the land. Moreover, they may improve access to information about land for local communities, investors and developers. 

Landholders will have five years to produce an updated version starting from the date the first land management plan was made available. 

LMPs and their impact remain unclear, with important questions remaining unanswered. For example, as mentioned, section 1 of the Bill requires landholders to illustrate how they will adapt to climate change and sustain biodiversity on their land. The extent of a landholder’s obligations under these provisions is unclear. For example, would there be a statutory obligation on affected landholders to incorporate climate change measures? Moreover, breaches may result in fines of up to £40,000, and it is unclear how much information and to what depth will be required. We may only know the answer to these questions when the decision is taken to issue a fine for the first time. Concerns have also been raised that landholders may be required to disclose potentially confidential or commercially sensitive information, especially regarding the sale of the land.  

SPORTS LAW CONFERENCE

The WS Sports Law Conference returns on 30 October with an international roster of speakers. With our partners at Lombardi Associates, we are pleased to bring some of the industry’s most experienced and recognised figures to Edinburgh for this popular event in the Society’s education programme.

A highlight of the event will be a session featuring two of the three arbitrators from the high profile ITIA v Jannik Sinner case, providing insights into the reasoned decision in this pivotal anti-doping decision. The conference is a must-attend for legal professionals, academics, and stakeholders passionate about the legal integrity of sport.

Among others, we will hear from Gillian Treasurer, Director of Legal & Governance, British & Irish Lions, fresh from a successful tour to Australia, as well as Angela McCracken, Head of Legal for the Glasgow 2026 Commonwealth games about the work that goes into such a large event. Attendees will also hear from both the legal and operational teams at Brighton and Hove Albion Football Club, widely acclaimed as one of football’s best run organisations.

We are delighted to welcome Street Soccer Scotland back as the conference’s charity partner and pleased that we will be joined by COO Gerry Britton on the day to talk about the work this brilliant charity does. Street Soccer Scotland uses football as a vehicle to help people experiencing mental health issues, helping them to engage in sport and exercise to create positive habits and assisting them in accessing support services. Street Soccer Scotland are also the official team partner of Team Scotland, winners of the Homeless World Cup on two occasions, in 2007 and 2011.

It is also a pleasure to have the support of our Media Partner, LawInSport. The go to industry resource, attendees will have the opportunity to hear from Founder & CEO, Sean Cottrell, about the year so far and what to look out for in 2026.

SPEAKERS:

  • Ian Laing WS, Lombardi Associates (Conference Chair)

  • Paolo Lombardi, Lombardi Associates

  • Sean Cottrell, Law in Sport

  • Lloyd Thomas, Brighton and Hove Albion Football Club

  • Finlay Stark, Brighton and Hove Albion Football Club

  • Gerry Britton, Street Soccer Scotland

  • Dr David Sharpe KC, 12KBW

  • Tammi Gaw, Advantage Rule LLC

  • Craig Joiner, LGT Wealth Management

  • Gill Treasurer, The British and Irish Lions

    The full conference programme will be announced soon.

    TOPICS:

  • Reflections on a career in sports law.

  • Successfully building a legal team inside a football club.

  • Street Soccer Scotland

  • ITIA v Jannik Sinner – reflections on anti-doping matters

  • Athletes off the field

  • Lions on Tour

DELEGATE RATES:

  • Writers to the Signet: £270+ VAT

  • Standard rate: £300+ VAT

  • Law student/trainee solicitor: £160+ VAT

Make sure your organisation is represented by reserving a place now.

DISABLING BARRIERS SCOTLAND: TRUSTEE RECRUITMENT

Disabling Barriers Scotland (Scottish Charity Number SC050813) are looking for enthusiastic and committed individuals to join their Board of Trustees, including a vital role of Treasurer.

The mission of DBS is to create a culture of belonging within the Scottish legal profession. DBS advocates for the removal of barriers that prevent disabled and neurodivergent people from entering or sustaining a career in the Scottish legal profession. DBS is building a community external to an employer to provide peer support and confidentially share lived experiences.

The charity is welcoming applications from candidates who share DBS’s values and mission of fostering inclusion, advocacy and supporting disabled and neurodivergent legal professionals and students. Notes of interest or questions should be sent to contactus@dbscotland.org.

DBS is a Scottish registered charity SC053043 administered by the Society’s Governance and Charities team.

LIBRARY ONLINE CATALOGUE

The Signet Library’s online catalogue  https://sign.koha-ptfs.co.uk/ has recently undergone improvements and updates that protect our data and make information about our collections more easily available to members and to researchers. The catalogue is run in conjunction with our longstanding partners Open Fifth (formerly PTFS-EU) and is based on a mature and widely-deployed open source platform, Koha, whose Maori name, meaning “gift”, reflects the software’s New Zealand origins.

When the Signet Library first launched an online computer catalogue in 2000, only the modern legal collections featured, but since 2010 we have been working to move the Library’s nationally-important historical collections there also. Although this is still very much a work in progress, a very significant part of the historic collection is now present. In 2020 this was augmented by a separate online catalogue of the WS Society archive, https://archiveshub.jisc.ac.uk/data/gb1487-ws  created in partnership with Jisc, the UK digital, data and technology agency.

The British Library cyberattack of late 2023 has highlighted the vulnerabilities of library data storage and the importance of vigilance. More recently, this concern has been joined by a new pressure, imposed by AI agents whose efforts to data-scrape the country’s institutions has become a predominant challenge to back end teams. The danger here is not so much one of knowledge theft as of server overload, and we are grateful to Open Fifth and Jisc whose efforts have kept our own data online with almost no interruption over this period.

JOHN WATSON'S INSTITUTION PROJECT

Earlier this year, the Signet Library was awarded a research grant under the Old Edinburgh Club’s Jean Guild scheme to transcribe and conserve our archive of material relating to the former John Watson’s Institution, the Society’s school for orphans in Stockbridge which closed in the 1970s. The bulk of these records are application forms for orphans of both sexes seeking to enter the school in its first years of operation 1820-1850, and we have just posted an update on our progress with them on the Old Edinburgh Club’s website here.

James Hamilton and his team have covered about 160 applications so far, and they’ve been full of surprises, with applications coming from further afield than we’d expected. We’ve also been mapping administrative records, which have shone light on the early difficulties of the school building, designed by the WS Society’s architect William Burn, and at the same time have made the application records easier to interpret and understand. By the end of the autumn we intend to have the first searchable database of this material online for all to use.

We are interested in locating a portrait of the man (pictures below) who did more than anyone to bring the school into being – Vans Hathorn WS – which hung in the school until its closure. If anyone has information about its current whereabouts, we would be very keen to hear from you – please contact the team at library@wssociety.co.uk .

NETWORKING BREAKFAST

Last month we announced the introduction of a new WS member benefit, breakfast networking. This will be an opportunity for WS members to network with fellow members, in person, at the Signet Library. We plan to schedule these 8 am – 9 am on a weekday morning. We hope to schedule the first meeting for October.

Keep an eye out for further announcements. Contact Membership if you have any questions