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NLJ this week: Supreme Court weighs in on Scotland

02 December 2022
Issue: 8005 / Categories: Legal News , Constitutional law
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102820
Professor Marc Weller provides a fascinating insight into the Supreme Court’s ruling that Westminster’s permission is required before a referendum on Scottish independence can go ahead. Professor Weller, of Cambridge University, examines the case, in this week’s NLJ.

Professor Weller, of Cambridge University, looks at the court’s finding that (to paraphrase) Scotland’s people are not entitled to the right of self-determination through unilateral secession because they do not suffer from repression, exclusion or colonial rule. He explains the context behind this finding—the question of self-determination was raised as an incidental issue by the SNP, intervening, and not fully argued before the court.

Read Professor Weller's article in full here.

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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