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Sovereignty & ‘sex’

222361
Graham Zellick KC reflects on the Supreme Court decision in For Women Scotland, & whether it is the last word on the vexed subject of trans rights

There is nothing unusual in Parliament investing long-established legal terms with revised meanings, or in redefining and repurposing ordinary words. For example, ‘charity’ was redefined after centuries, the offence of rape has been extended, and the institution of marriage has been fundamentally recast; universities need no longer be large, multi-disciplinary institutions engaged in both teaching and research; ‘trust’ has been wrenched from equity to denote a unit of governance in the NHS; and academies, once limited to the higher echelons of art and music education and national bodies of pre-eminent scholars, now designate certain kinds of quasi-independent primary and secondary schools. Centuries of legal, cultural and intellectual tradition and understanding can be overturned by a stroke of the legislative pen.

The Safety of Rwanda (Asylum and Immigration) Act 2024 was a particularly stark reminder of the power of Parliament when

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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