header-logo header-logo

'Signalling respect' for Scottish independence decision

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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll