Supreme Court For Women Scotland

I have now read all 88 pages of the judgement - if this isn’t taking sides it does a pretty good impression of a victory for women (and for that I am extremely grateful!)

@fanOfBen it seems the Supreme Court judges hold the same sentiment towards Mr Cooper (quite rightly!) 🍾

Phew no walk on the wild side! FWS win - appeal allowed!

Judgment next Wed 16th.

https://x.com/ForWomenScot/status/1910272949350695371

There's also another thread now:
https://www.mumsnet.com/talk/womens_rights/5312104-fws-v-scottish-ministers-will-be-handed-down-weds-16th-april-at-945am

Morning all. Chorus of FWR in back of the family car.

Are we nearly there yet?

Yes, just a few more miles wims.

I have to say I’m very impressed by the Supreme Court. I’m now following all judgements on a weekly basis! They are busy and I can’t believe they care particularly about the result in a tribunal case - the judgement in the FWS case is going to be the definitive legal position for the whole of the U.K. 🫣

I expect it's just because of the backlog.

Obviously this case is a big deal for us and will get some publicity, but from the Supreme Court's point of view there's no reason it's more important than many of their other cases.

Do you think they want to wait until after Sandies case finishes?
Or is it just taking ages because of a backlog?

From a publicity viewpoint, the later in the year it drops, the more likely it is to collide with Sandy Peggy's, Darlington Nurses or the Sarah Summers case. No matter which way the judgement goes, it's going to attract notice.

Thanks for keeping an eye on the listings. Any other cynics wondering if a 16th April drop might be planned in the hope the fuss dies down during the extended Easter public holiday?

Is that April this year ? Or next ?

NOT this week either. Earliest possible judgment date is now 16th April.

NOT on the list of judgments to be handed down next Wednesday (page has just been updated). The earliest possible judgment date is now 9th April.

www.supremecourt.uk/news/future-judgment

Aiden O’Neil was the barrister for FWS (he’s also a KC as well as a Scottish Advocate). So you get 3 in one! Only a ‘tufr’ with Ben Cooper though as I’m guessing he isn’t an advocate!

@MadameBethune thank you for your post!

Completely agree! 💯

I was mistaken on that then (she should be, she is fabulous), but she could be, just as Advocates in Scottish courts might not be either.

This is the last response I am going to post, because there are more important topics to discuss on the thread. I understand that you are keen to reassure people that nobody can interfere with the judgment, and this is correct. The barristers or advocates (whether they are KCs or not) see a draft of the final judgment when the judges consider it to be finished. They can draw the judges' attention to errors in the draft, which the judges may choose to correct. That does not extend to changing the decision.

If you are still in any doubt, please see paragraph 10 of this very recent High Court decision from Hayden J:

https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Fam/2025/638.html&query=.2025.+EWHC+638+(Fam)

where Mr Justice Hayden says this:
"It must be said that times have changed since the above judgment was delivered, particularly post-pandemic, where many, I suspect most, judgments are now handed down electronically. In this process, which usually involves a draft judgment being sent to the parties for corrections, amendments, anonymisation and compliance with Transparency Orders, the date that the decision is formally handed down can sometimes get lost. I suspect that compliance with the Rules may frequently be "overlooked"."

NC isn't a KC the other one is though

There are no barristers either since both parties are Scottish and were represented by KCs.

The Scottish equivalent of barristers are Advocates, both can be KCs. Naomi Cunningham KC, who is representing Sandie Peggie in Dundee, is a barrister.

Four months of ferrets reversing so hard you can see the scorch marks on the Impact Assessments?

I'm looking forward to it.

I don't know how I can be any clearer. There is no external draft. There are no barristers either since both parties are Scottish and were represented by KCs.

Once the judges have written the decision it will be sent to both parties instructing solicitors who share it with their clients. There is no draft and no-one gets to make any amendments.

Can you imagine writing this judgement up? There’s new stories coming thick and fast. For example this one today:

https://www.bbc.co.uk/news/articles/cvge4jyz9dyo.amp

How would the judgement affect all this?
Surely it can only go one way.

I note both Lady Rose and Lord ‘Lou’ Reed heard the case on the latest ‘future judgement list’ (July 2024) - so possibly up to four months to go?

Things that might be corrected from a draft would be if the judges attributed a quote to the wrong person or wrong document, or referred to the wrong section of the law, or got someone's name or job title wrong, that sort of thing. Basically typos. There is no scope to interfere with the decision itself.

Generally it is only the barristers who see the draft. Then, as you say, the parties see the finalised judgment a few days before it is published.

😆😆😆