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Sovereignty & ‘sex’

222361
Graham Zellick KC reflects on the Supreme Court decision in For Women Scotland, & whether it is the last word on the vexed subject of trans rights

There is nothing unusual in Parliament investing long-established legal terms with revised meanings, or in redefining and repurposing ordinary words. For example, ‘charity’ was redefined after centuries, the offence of rape has been extended, and the institution of marriage has been fundamentally recast; universities need no longer be large, multi-disciplinary institutions engaged in both teaching and research; ‘trust’ has been wrenched from equity to denote a unit of governance in the NHS; and academies, once limited to the higher echelons of art and music education and national bodies of pre-eminent scholars, now designate certain kinds of quasi-independent primary and secondary schools. Centuries of legal, cultural and intellectual tradition and understanding can be overturned by a stroke of the legislative pen.

The Safety of Rwanda (Asylum and Immigration) Act 2024 was a particularly stark reminder of the power of Parliament when it reversed a finding of fact by the Supreme Court

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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