Sunday National, Herald on Sunday, 11th December 2022. “I used to support independence, but now Labour has committed to holding a consultation on updating the Scottish Government’s capital borrowing ceiling, I’ve changed my mind.” It doesn’t exactly ring true, does it? Let’s take another shot: “I voted Yes, but now that Leeds is getting a … Continue reading Devo-nothing →

Sunday National, 27th November 2022. Around 5 o’clock on the 17th of August 2021, a group of twenty protestors “seized” Edinburgh Castle. When questioned, the group asserted public ownership over the building and explained they were “restoring the rule of law,” and “using Article 61 of the Magna Carta” to “claim our power back.” This … Continue reading The heresy is orthodox →

The National, 23rd November 2022. It’s a “no.” Having wargamed out all the potential outcomes, all the nuances and ambiguities, in the event the Supreme Court gave us a clear and categorical judgment on Wednesday morning. Yes, the Lord Advocate had the power to refer the controversy to the Court. No, the Scottish Parliament doesn’t … Continue reading It’s a “no” →

Sunday National, Herald on Sunday, 20th November 2022. It's happening. The UK Supreme Court has announced that it will hand down its judgment in the independence referendum case on Wednesday morning. Opening the hearing in Middlesex Guildhall last October, Lord Reed said "it is likely to be some months before we give our judgment." The … Continue reading Yes, no, maybe? →

Sunday National, Herald on Sunday, 13th November 2022. If your employer produced digital evidence which showed that you have been embezzling substantial sums of money from them, how would you prove you didn’t do it? In principle, the burden of proof lies on the prosecutor. In principle, you don’t have to prove your innocence. But … Continue reading Post Office Scandal: How widespread were Horizon prosecutions in Scotland? →

Sunday National, Herald on Sunday, 6th November 2022. This week, Sir Keir Starmer called on the new PM to “get a proper Home Secretary.” In five words, this intervention sums up the strangely unpolitical character of the current leader of the opposition in Westminster. Faced with gruesome reports of overcrowding and infectious illness from Home … Continue reading Competence: the political limits →

Sunday National, Herald on Sunday, 30th October 2022. I want to tell you a tale of two judges. From time to time, a report appears in the Scottish media which seems to have all the makings of an important news story. Perhaps it involves public money, a public scandal, or a public figure caught in … Continue reading A tale of two judges →

Sunday National, Herald on Sunday, 23rd October 2022. When I was an undergraduate, a friend of mine decided to take a tilt at student politics. I did my law degree during the heyday of Labour’s power in Westminster and Holyrood – and student politics in those days were hoaching with mini-Mandelsons who had bold visions … Continue reading How does Mr Boring beat Mr Boring? →

Sunday National, Herald on Sunday, 16th October 2022. Harold Wilson once said that “the Labour Party is a moral crusade, or it is nothing.” Where Keir Starmer’s vision falls on the crusade-to-nothing spectrum I leave to your judgement, but to adapt Wilson’s line to the Tories – Trussism can be understood in very similar terms. … Continue reading Straight men, fixers, and maddies →

The National, 12th October 2022. Does the Scottish Parliament have the legislative competence to pass a referendum Bill? And should judges answer this question now? The Supreme Court returned to its scrutiny of these two questions on Wednesday morning with Sir James Eadie’s submissions on behalf of the UK government. You may recognise Eadie. He … Continue reading UK Supreme Court: Day 2 →