header-logo header-logo

29 November 2022
Issue: 8005 / Categories: Legal News , Constitutional law
printer mail-detail

'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
printer mail-details

MOVERS & SHAKERS

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll