From the judgement.
The consequences of FWS
15 On 16 April 2025, five days after the trial concluded, the Supreme Court gave judgment in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16. It is the Defendants’ position that in the light of FWS the claim must be dismissed. The Claimant initially accepted that was so but then, with the Defendants’ consent and my permission, reversed her position and filed amended submissions arguing that the claim should still succeed.
16 I have decided that the Claimant’s original concession was correct. The claim cannot survive the outcome of FWS. I will explain why that is at paragraphs 61 to 124.
17 My conclusion means it is not necessary to decide whether the defences under s195 EA 2010 or
paragraph 28 of Schedule 3 to EA 2010 pool are made out. However, the question of whether pool is
2a gender-affected activity was thoroughly explored at the trial with the aid of expert evidence, and I will set out my views about it. I will also deal briefly with paragraph 28 of Schedule 3.