This post is a part of a series that I am doing in the legal aspects and implications of the appeal in For Women Scotland v The Scottish Ministers that will be heard by the UK Supreme Court at the end of November 2024.
"This case will not be decided by thinking about what the best policy solution ought to be. It will be determined by reference to quite dry principles of statutory interpretation." and this is why Whittle and McCloud have not been allowed to intervene in the case as their 'lived experience' is neither here nor there when it comes to interpretation of the law. (personal opinion - not a lawyer!)
I don’t know the full reasoning for why their application was rejected but the legal test is that their submissions will assist the court in resolving the legal issue before it.
"This case will not be decided by thinking about what the best policy solution ought to be. It will be determined by reference to quite dry principles of statutory interpretation." and this is why Whittle and McCloud have not been allowed to intervene in the case as their 'lived experience' is neither here nor there when it comes to interpretation of the law. (personal opinion - not a lawyer!)
I don’t know the full reasoning for why their application was rejected but the legal test is that their submissions will assist the court in resolving the legal issue before it.