Category: Public Litigation
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![Crash Krylova: Trans People in Prison: For Women Scotland v Scottish Ministers [2026] CSOH 59](https://ukconstitutionallaw.org/wp-content/uploads/2025/05/crash_wigley.jpg)
Crash Krylova: Trans People in Prison: For Women Scotland v Scottish Ministers [2026] CSOH 59
Introduction On 19 June 2026, the Outer House of the Court of Session handed down judgment in the case of For Women Scotland v Scottish Ministers [2026] CSOH 59 (“For Women Scotland 3”). This piece is intended as a critique of that judgment, exploring the relevance of the Equality Act 2010 and the Schedule 22(1)…
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Conor Casey: The “Constitutional Oddity” at the Centre of Government Lawyering in the United Kingdom: A Note on the First Treasury Counsel
More attention has been paid in recent years to the important role government lawyers play in many constitutional systems, and the Janus-faced impact they have on executive authority. On the one hand, it has been pointed out that government lawyers act as a critical source of executive empowerment – by assisting officials as they assert…
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Penelope Cassandra Webb: Silences, Spectacle, and the Limitations of Law
The decision of the UK Supreme Court in For Women Scotland Ltd v Scottish Ministers [2025] is one that has generated a rapid response, from the photos of those celebrating the decision on the steps of the UKSC, to the massive wave of protest from trans people and allies. Within the legal world, it has…
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Robert Mullins: For Women Scotland: Fastening the “Biological” Straitjacket
In her excellent and informed critique of the Supreme Court’s judgment in For Women Scotland v The Scottish Ministers [2025] UKSC 16 (“FWS”), Crash Wigley notes that in its judgment the Court neglects to address several important issues, including the human rights consequences of the “biological sex” interpretation favoured by the Court. My own discussion…
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George Peretz QC: The Subsidy Control Bill: Part II – Application to legislation, questions & concerns
In the first part of this post, I set out the structure of the Subsidy Control Bill. This post looks at how it applies to legislation and at some questions and concerns about enforcement and judicial review. Application to legislation It is entirely possible for a subsidy to be granted by legislation: legislation may provide, for…
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George Peretz QC: The Subsidy Control Bill: Part I – A new public law regime
The Subsidy Control Bill, now going through the House of Commons, creates the domestic replacement for the EU State aid regime. So it might be regarded as legislation of interest only to those who reside in the land of competition law: a distant land of which State aid law is a particularly exotic and remote peninsula. Any such…