header-logo header-logo

09 November 2012 / Marc Weller
Issue: 7537 / Categories: Opinion , Public , EU , Constitutional law
printer mail-detail

A foregone conclusion?

Would an independent Scotland automatically be a member state of the EU? Marc Weller investigates

It has become a matter of some controversy whether the Scottish government has obtained legal advice on Scotland’s EU status post-independence. The substantive question of Scotland’s future EU membership is, however, of no less importance than the question of whether or not legal advice was received. After all, the decision of many voters in the referendum on independence may depend on whether or not continuous EU membership would be guaranteed in case secession is achieved.

The Scottish nationalists have claimed that the matter is a foregone conclusion—membership is automatic. They have invoked some legal authority in favour of this proposition, including the views of the former president of the European Court of Justice, Lord MacKenzie-Stuart. More recently, the Scottish first minister, Alex Salmond, has opined, somewhat more nebulously, that the issue would be addressed “from within the context of the EU”.

On the other hand, the Foreign and Commonwealth Office reportedly warned, through a spokesman, that continued

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

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll