Chris Himsworth: Referendum Bill Consequentials – UK Constitutional Law Association

‘At paras 56-57 of their judgment, the court in Reference by the Lord Advocate of devolution issues ([2022] UKSC 31) declared: “The central issue is whether legislation for a referendum on Scottish independence would relate to a reserved matter…. The critical question is accordingly whether the proposed Bill would relate to the Union of the Kingdoms of Scotland and England or the Parliament of the United Kingdom”.’

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UK Constitutional Law Association, 29th November 2022

Source: ukconstitutionallaw.org

Footballer Quitongo loses race discrimination claim against former club – The Independent

Footballer Rico Quitongo has described losing his race discrimination claim against his former club as a “bitter blow”.

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The Independent, 24th November 2022

Source: www.independent.co.uk

New Judgment: Reference by the Lord Advocate of devolution issues under paragraph 34 of Schedule 6 to the Scotland Act 1998 [2022] UKSC 31 – UKSC Blog

‘The Scottish Government drafted a Scottish Independence Referendum Bill which makes provision for a referendum on the question, “Should Scotland be an independent country?”. Under the Scotland Act 1998 (“the Scotland Act”), the power of the Scottish Parliament to make legislation (or its “legislative competence”) is limited. A provision of a Bill will be outside the legislative competence of the Scottish Parliament and therefore not law if it relates to the matters which have been reserved to the United Kingdom Parliament in Westminster (sections 29(1) and (2)(b)). These reserved matters include “the Union of the Kingdoms of Scotland and England” and “the Parliament of the United Kingdom” (Schedule 5, paragraphs 1(b) and (c)).’

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UKSC Blog, 23rd November 2022

Source: ukscblog.com

Supreme court rules against Scottish parliament holding new independence referendum – The Guardian

‘The Scottish parliament cannot hold a second independence referendum without Westminster approval, the UK supreme court has ruled, in a unanimous judgment likely to anger Scottish nationalists who say the country’s future is for Scottish voters to decide.’

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The Guardian, 23rd November 2022

Source: www.theguardian.com

What is the supreme court’s Scottish independence ruling about? – The Guardian

‘All you need to know about decision on whether Scotland can hold new referendum without Westminster approval.’

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The Guardian, 23rd November 2022

Source: www.theguardian.com

Supreme Court to rule on indyref2 powers next week – BBC News

Posted November 16th, 2022 in devolution issues, news, parliament, referendums, Scotland, Supreme Court by sally

‘The Supreme Court will deliver its judgement next Wednesday on whether the Scottish Parliament can hold a second independence referendum without Westminster’s approval.’

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BBC News, 16th November 2022

Source: www.bbc.co.uk

New Judgment: Commissioners for His Majesty’s Revenue and Customs v NHS Lothian Health Board (Scotland) 2022 UKSC [28] – UKSC Blog

Posted October 20th, 2022 in burden of proof, EC law, evidence, news, Scotland, standard of proof, Supreme Court, VAT by sally

‘This appeal concerns the correct approach to evidence and the burden and standard of proof in the context of historic claims for the recovery of input Value Added Tax (“VAT”). Input tax is the VAT incurred when the taxpayer buys in supplies which it uses for the purpose of a business activity.’

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UKSC Blog, 19th October 2022

Source: ukscblog.com

Supreme Court indyref2 judgment could take ‘six to eight weeks’, Lord Hope says – The Independent

Posted October 10th, 2022 in bills, constitutional law, devolution issues, news, referendums, Scotland, Supreme Court by tracey

‘The Supreme Court’s judgment on the legality of a Scottish independence referendum could be provided within six to eight weeks, its former deputy president has said.’

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The Independent, 9th October 2022

Source: www.independent.co.uk

Stephen Tierney: The Lord Advocate’s Reference: Referendums and Constitutional Convention – UK Constitutional Law Association

‘Section 29(1) of the 1998 Act provides that an Act of the Scottish Parliament is not law so far as any provision of the Act is outside the legislative competence of the Parliament. A provision is outside that competence so far as it “relates to reserved matters” (s.29(2)(b)), and whether or not it relates to a reserved matter is to be determined by “reference to the purpose of the provision, having regard (among other things) to its effect in all the circumstances” (s.29(3)).’

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UK Constitutional Law Association, 4th October 2022

Source: ukconstitutionallaw.org

Shona Wilson Stark and Raffael Fasel: Unconstitutionally Legal: How the UK Supreme Court Should Decide the Lord Advocate’s Reference – UK Constitutional Law Association

‘On 28 June 2022, the Lord Advocate referred to the UK Supreme Court (“UKSC”) the question of whether the Scottish Parliament has the power to legislate for a second independence referendum (“Indyref 2”) without an Order enabling it do so under section 30 of the Scotland Act 1998 (a “section 30 Order”). Assuming the UKSC will accept the reference, we argue that it should rule that the Scottish Parliament has no legal power to pass legislation facilitating an independence referendum without a section 30 Order. However, we propose that this does not prevent the UKSC from attempting to break the deadlock by declaring that the UK Government is acting unconstitutionally in a political sense if it does not make a section 30 Order. Of course, there is no guarantee that a section 30 Order would be issued – we consider alternative pathways to an Indyref 2, including possible invocations of constituent power, in a forthcoming article – but we argue that this would be a constitutionally proper and desirable approach for the UKSC to take.’

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UK Constitutional Law Association, 3rd October 2022

Source: ukconstitutionallaw.org

Right to free period products becomes law in Scotland – BBC News

Posted August 16th, 2022 in education, health, local government, news, Scotland, women by sally

‘Scotland has made public health history by making it the law for public settings to provide period products.’

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BBC News, 15th August 2022

Source: www.bbc.co.uk

UK government submits indyref2 argument to Supreme Court – BBC News

‘The UK government has submitted its argument in a case that could allow the Scottish Parliament to legislate for another independence referendum.’

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BBC News, 9th August 2022

Source: www.bbc.co.uk

Case Comment: Hastings v Finsbury Orthopaedics Ltd and Anor [2022] UKSC 19 – UKSC Blog

‘In this post, Sophie Malley, a trainee solicitor at CMS, comments on the decision in Hastings v Finsbury Orthopaedics Ltd and Anor [2022] UKSC 19, the first product liability case to reach the UK Supreme Court.’

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UKSC Blog, 1st August 2022

Source: ukscblog.com

Research briefing: Scottish independence referendum: legal issues – House of Commons Library

Posted August 3rd, 2022 in devolution, news, parliament, referendums, Scotland by tracey

‘A briefing paper on the legal issues surrounding a Scottish independence referendum.’

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House of Commons Library, 2nd August 2022

Source: commonslibrary.parliament.uk

Supreme Court date for indyref2 case set for 11 October – BBC News

Posted July 21st, 2022 in devolution, news, referendums, Scotland, Supreme Court by sally

‘A key court case that could allow the Scottish Parliament to legislate for another independence referendum will hear arguments in October, the Supreme Court has said.’

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BBC News, 21st July 2022

Source: www.bbc.co.uk

UK government asks Supreme Court to dismiss indyref2 case – BBC News

‘The UK government has urged judges to dismiss the Scottish government’s request for a ruling on whether it has the power to hold indyref2.’

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BBC News, 13th July 2022

Source: www.bbc.co.uk

Anurag Deb and Nicholas Kilford: The UK Internal Market Act: Devolution Minimalism and the Competence Smoke Screen – UK Constitutional Law Association

Posted July 6th, 2022 in constitutional law, devolution, devolution issues, news, Scotland by sally

‘The UK’s territorial constitution is, at present, under a great deal of pressure. Those familiar with one force unsettling the devolution framework — the attempts to override the Northern Ireland Protocol — will no doubt recall the legislation that first countenanced a similar approach: the UK Internal Market Act 2020 (UKIMA). This piece of legislation is, however, once again causing its own stir, this time in the form of a clash between Scottish and UK ministers over gene-editing regulations.’

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UK Constitutional Law Association, 4th July 2022

Source: ukconstitutionallaw.org

Iain Jamieson: Effect of the Bill of Rights upon the meaning of Convention Rights under the Scotland Act – UK Constitutional Law Association

Posted July 6th, 2022 in brexit, constitutional law, devolution issues, human rights, news, Scotland by sally

‘The relationship between the Scotland Act 1998 (“the SA”), Convention rights and the Human Rights Act 1998 (“the HRA”) is well known.’

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UK Constitutional Law Association, 5th July 2022

Source: ukconstitutionallaw.org

Lord Reed, Donoghue v Stevenson – Supreme Court

‘Lord Reed, Donoghue v Stevenson – 90th Anniversary Conference.’

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Supreme Court, 6th June 2022

Source: www.supremecourt.uk

Case Preview: DCM (Optical Holdings) Ltd v Commissioners for Her Majesty’s Revenue and Customs (Scotland) – UKSC Blog

Posted May 26th, 2022 in news, Scotland, Supreme Court, time limits, VAT by sally

‘DCM is an optician that sells spectacles and provides refractive eye surgery services. Under the value added tax regime, it makes both taxable supplies of goods and exempt supplies of medical services. The dual nature of its supplies creates difficulties in calculating the amount of VAT chargeable on its supplies and input tax recoverable on its acquisitions. In fact, from at least 2000, DCM had been in dispute with HMRC over a different input tax and output tax related issue.’

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UKSC Blog, 25th May 2022

Source: ukscblog.com