Supreme Court decision impact on Peggie v Fife HB

[Hadenough1234567]

https://www.scotsman.com/news/politics/nhs-fife-urged-to-concede-sandie-peggie-case-after-supreme-court-ruling-5086325

Two things - since there’s an anonymous funder there would likely need to be total capitulation, not just money paid out. Also the Dr and another respondent would need to capitulate too.

The NHS already tried to settle. Sandie and her guardian angel wanted sunlight in their day in court. This is going to go the full way.

Did Upton try to settle too though? I thought as there are two separate respondents they'd need to agree. Or settle one and continue with the other.

I think they will lose, and am pretty confident they would have lost before the Supreme Court ruling, but the supreme denialists at fife nhs will say that they had acted in good faith and the sc judgement only came after the events to clarify how to handle these matters so no one would have known before then. And they are victims too. And they’ll stick to that no matter the actual wording of the judgment

There's also the issue about her suspension and fitness to practice, they've said some things about her professional competence that would need a fulsome written published apology before any settlement, I'd imagine. They've torpedoed her career otherwise.

I read a piece of legal comment from Colin Wynter KC yesterday, which said:

"Final point. Once the Supreme Court has ruled, its decision states what the law has always been, not what it should be from date of judgment onwards.
This has implications for cases concluded, cases currently being fought, employers' trans access policies & lots more.
Huge."

I agree that there will have to be lots of concessions on the part of Fife HB. They (along with Dr Upton and the consultant being added as a respondent) could however choose to concede all of the merits of the action. I suspect they won't go as far as Sandie requires them to - especially since she's being funded.

I feel emboldened on her behalf. Having watched much of the proceedings, I'd have loved to be a fly on the wall when Dr Upton heard about the Supreme Court decision. He'll still be claiming to be a biological woman no doubt!

Yes, I get that. And legally they will get that too, what I am saying is this is the ‘we are victims too’ line they will peddle and all the angry menz belong wherever menz feel they belong brigade will lap it up.

That he claimed to be a biological woman feels significant. Will the tribunal rule on that self-description?

@Retiredfromthere the tribunal will only need to consider the definitions of the provisions in the Equality Act and the H&S regs pricing for single sex changing. They’ll rule what he considers himself not relevant for the purpose of the legal provisions. Will be interesting so see though how they treat the fact that he was seemingly acting in line with policy.

Based on what I saw of Upton in the live footage, he is going to make this his moment to shine as the voice of a now "officially oppressed" community.
Is there any news on whether we will be able to watch live in July?

I was just thinking about this case today. Regardless of the looming judgement outcome, does the Supreme Court ruling mean Dr Upton can no longer impose himself on female colleagues in their changing rooms? If so, I predict NHS Tayside will spend £££ on building him his own private facility.

I’m very pleased about that. There are people who need to see the law working as it should. Otherwise change will be much slower. Ditto the Darlington nurses.