header-logo header-logo

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll