The Specialist Litigation Team was instructed by the Scottish National Party (‘SNP’) to seek permission to make written submissions as a third party intervener in the Lord Advocate’s Reference to the UK Supreme Court under the Scotland Act 1998 [2022] UKSC 31, concerning the Scottish Parliament’s legislative competence to hold an independence referendum.

Permission to intervene was granted by the UK Supreme Court, and thereafter the team, comprising of Claire Mitchell KC,  David Welsh Advocate  and solicitors, Stuart Munro and Sarah Cunningham Munro, prepared submissions on behalf of the SNP which focused on the right to self-determination under international law. It argued that the Scotland Act 1998 should be interpreted in a way that respects this right, and that the Scottish Parliament has the necessary devolved power to hold a second referendum on the issue of Scottish independence.

The case was heard in October 2022, and, although ultimately unsuccessful, the team’s instruction by the SNP on such a critical issue for Scottish politics highlights its reputation as a trusted legal advisor.