Yes but as I understand it the case now goes to the Supreme Court which

is the highest court of appeal in the UK.

I don't know the answer to this (I probably should but I don't) but here you have a high court decision in England which found in favour of the government on a pretty much identical challenge, presumably applying English constitutional law principles.

You then have a Scottish higher court which has found in favour of the claimants applying Scottish constitutional law principles.

Its not clear to me if the Supreme Court they are appealing to will sit in London or Scotland or whether it has to apply only the same Scottish principles as applied in today's judgment or is able to determine the case having regard to both English and Scottish authorities and if that's the case which wins out if there is a conflict. The two are usually aligned and both are supposed to take into account the other but sometimes there are subtle differences.

The suggestion is that the case was brought in Scotland as well as a separate case in England partly because Scottish judges were likely to be more receptive to the challenge and have more leeway to find in favour of the claimants.

Posted By: Jim on September 11th 2019 at 12:37:33

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