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29 November 2022
Issue: 8005 / Categories: Legal News , Constitutional law
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'Signalling respect' for Scottish independence decision

The Supreme Court’s decision regarding a draft Scottish Independence Referendum Bill will ‘not have come as a surprise’ to the first minister, according to public law specialist Stephen Parkinson.

The court held last week, in Devolution issues under the Scotland Act 1998, Reference by the Lord Advocate [2022] UKSC 31, that the Scottish Parliament does not have the power to legislate for a referendum on Scottish independence. It rejected written submissions from the Scottish National Party on the right to self-determination, holding that this right was not in issue.

Parkinson, senior partner at Kingsley Napley and a former deputy head of the Attorney General's office, said First Minister Nicola Sturgeon ‘needed to show that she had tried to progress the issue of independence notwithstanding the refusal of the UK government to countenance a fresh referendum.

‘Her immediate acceptance of the decision, and recognition that the Supreme Court does not make law and only interprets it, does her credit. Having explored this legal option and signalled respect for the outcome, she will, of course, now continue to agitate politically’. 

Issue: 8005 / Categories: Legal News , Constitutional law
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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
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Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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