London Daily

Focus on the big picture.
Saturday, Feb 21, 2026

UK government asks Supreme Court to dismiss indyref2 case

UK government asks Supreme Court to dismiss indyref2 case

The UK government has urged judges to dismiss the Scottish government's request for a ruling on whether it has the power to hold indyref2.

The Scottish government has asked the Supreme Court to examine whether a referendum could be staged without formal consent from Westminster.

The UK government has now questioned whether the court should agree to hear the case.

And it said it was clear that Holyrood does not have the necessary powers.

The case was referred to the Supreme Court last month by Lord Advocate Dorothy Bain - the Scottish government's top law officer.

It followed First Minister Nicola Sturgeon setting out her route map to securing another referendum on independence, which she wants to hold on 19 October 2023.

The first minister said she hoped the Supreme Court would "deliver clarity and legal certainty in a timely manner" over whether she could hold a referendum even if the UK government continues to refuse to give permission.

If the court rules that Holyrood does not have the power, she said the next general election would become a "de facto referendum" with the SNP standing on a single issue of independence.

It later emerged that the Lord Advocate was not prepared to sign off on the Scottish government's independence referendum bill without a ruling from the Supreme Court.

She said she currently "does not have the necessary degree of confidence" that the Scottish Parliament would have the power to hold indyref2.

In its initial response to the Supreme Court, the UK government said its "clear view" was that a bill legislating for a referendum on independence would be outside the legislative competence of the Scottish Parliament, arguing that issues relating to the constitution are reserved to Westminster.

It also said the referendum legislation has not been passed by MSPs - and has not yet even been introduced to the Scottish Parliament - so it would be "premature" for judges to rule on it.

And it confirmed that its top legal advisor in Scotland - the Advocate General - would take part in the case.

A UK government spokesman said it had been clear that "now is not the time to be discussing another independence referendum, when people across Scotland want both their governments to be working together on the issues that matter to them and their families".

He added: "However, following the Lord Advocate's referral of the Scottish government's draft Scottish Independence Referendum Bill, the UK government has today lodged its initial response with the Supreme Court.

"The papers confirm that the Advocate General for Scotland will become a formal party to the case, and ask the court to consider whether it should accept the Lord Advocate's referral."


The Supreme Court is the highest court in the United Kingdom, with its judges - who are known as justices - having the final say on the biggest legal issues. They are the ultimate check and balance on the UK's laws and constitution.

Handling of the case is currently with the president of the court, Lord Reed - a Scottish former Court of Session judge. He will decide the timescales on which the case will be heard, and whether any preliminary issues need to be dealt with first.

If the Scottish government wins the case, Ms Sturgeon said the bill would be introduced at Holyrood and passed swiftly to allow a vote to happen in October 2023.

A spokesman for the first minister said her government "fully intends to offer the Scottish people the choice of independence".

He added: "The UK government's repeated attempts to block democracy - which now seem to extend to an unwillingness to even make a substantive argument before the Supreme Court - serve only to demonstrate how little confidence it has in its case for the union."


It underlines how far apart the Scottish and UK governments are on this issue that they are even having an argument over whether or not there should be an argument.

In many ways this is not a surprise. The UK government had a deadline to respond to the court, and was unlikely to stand aside and not contest the case.

They were always likely to try to have the case dismissed too. The approach in court is generally to throw the kitchen sink, to pitch in every argument which could have a chance of success.

There is an interesting insight into the UK government's case here, though.

Their hope is that if the court decides not to hear the case until a bill has been passed, the issue could be killed off entirely by leaving the Lord Advocate in a Catch-22.

She doesn't want to sign off the bill to be tabled until there's been a ruling, but judges might yet refuse to rule until a bill has been passed.

That position could yet change, of course, given she says settling this question is a matter of "exceptional public importance".

And the Scottish government is sure to fight back, both in the courts and in its political pronouncements.


Nicola Sturgeon has proposed 19 October 2023 as the date for a referendum



Newsletter

Related Articles

0:00
0:00
Close
UK Confirms Preferential U.S. Trading Terms Will Continue After Supreme Court Tariff Ruling
U.S. and U.K. to Hold Talks on Diego Garcia as Iran Objects to Potential Military Use
UK Officials Weigh Possible Changes to Prince Andrew’s Position in Line of Succession Amid Ongoing Scrutiny
British Police Probe Epstein’s UK Airport Links and Expand High-Profile Inquiries
United Kingdom Denies U.S. Access to Military Base for Potential Iran Strike
British Co-founder of ASOS falls to his death from Pattaya apartment
Early 2026 Data Suggests Tentative Recovery for UK Businesses and Households
UK Introduces Digital-First Passport Rules for Dual Citizens in Border Control Overhaul
Unable to Access Live Financial Data for January UK Surplus Report
UK Government Considers Law to Remove Prince Andrew from Royal Line of Succession
UK ‘Working Closely with US’ to Assess Impact of Supreme Court Tariff Ruling
Trump Criticises UK Decision to Restrict Use of Bases in Potential Iran Strike Scenario
UK Foreign Secretary and U.S. State Chief Hold Strategic Talks as Tensions Rise Over Joint Air Base
Two teens arrested in France for alleged terror plot.
Nordic Fracture: How Criminal Scandals and Toxic Ties are Dismantling the Norwegian Crown
US Supreme Court Voids Trump’s Emergency Tariff Plan, Reshaping Trade Power and Fiscal Risk
King Charles III Opens London Fashion Week as Royal Family Faces Fresh Scrutiny
Trump’s Evolving Stance on UK Chagos Islands Deal Draws Renewed Scrutiny
House Democrat Says Former UK Ambassador Unable to Testify in Congressional Epstein Inquiry
No Record of Prince Andrew Arrest in UK as Claims Circulate Online
UK Has Not Granted US Approval to Launch Iran Strikes from RAF Bases, Government Confirms
AI Pricing Pressure Mounts as Chinese Models Undercut US Rivals and Margin Risks Grow
Global Counsel, Advisory Firm Co-Founded by Lord Mandelson, Enters Administration After Client Exodus
London High Court dispute over Ricardo Salinas’s $400mn Elektra share-backed bitcoin loan
UK Intensifies Efforts to Secure Saudi Investment in Next-Generation Fighter Jet Programme
Former Student Files Civil Claim Against UK Authorities After Rape Charges Against Peers Are Dropped
Archer Aviation Chooses Bristol for New UK Engineering Hub to Drive Electric Air Taxi Expansion
UK Sees Surge in Medical Device Testing as Government Pushes Global Competitiveness
UK Competition Watchdog Flags Concerns Over Proposed Getty Images–Shutterstock Merger
Trump Reasserts Opposition to UK Chagos Islands Proposal, Urges Stronger Strategic Alignment
Greek Prime Minister Kyriakos Mitsotakis advocates for a ban on minors using social media.
Liberal Senator Michaelia Cash Accuses Prime Minister of Lying to Australians
Meanwhile in Time Square, NYC One of the most famous landmarks
Jensen Huang just told the story of how Elon Musk became NVIDIA’s very first customer for their powerful AI supercomputer
A Lunar New Year event in Taiwan briefly came to a halt after a temple official standing beside President Lai Ching‑te suddenly vomited, splashing Lai’s clothing
Jillian Michaels reveals Bill Gates’ $55 million investment in mRNA vaccines turned into over $1 billion.
Ex-Prince Andrew Mountbatten-Windsor's arrested
Former British Prince Andrew Arrested on Suspicion of Misconduct in Public Office
Four Chagos Islanders Establish Permanent Settlement on Atoll
Unitree Robotics founder Wang Xingxing showcases future robot deployment during Spring Festival Gala.
UK Inflation Slows Sharply in January, Strengthening Case for Bank of England Rate Cut
Hide the truth, fake the facts, pretend the opposite, Britain is as usual
France President Macron says Free Speech is Bull Sh!t
Viktor Orbán getting massive praise for keeping Hungary safe, rich and migrant-free!
UK Inflation Falls to Ten-Month Low, Markets Anticipate Interest Rate Cut
UK House Prices Climb 2.4% in December as Market Shows Signs of Stabilisation
BAE Systems Predicts Sustained Expansion as Defence Orders Reach Record High
Pro-Palestine Activists Cleared of Burglary Charges Over Break-In at UK Israeli Arms Facility
Former Reform UK Councillors Form New Local Group Amid Party Fragmentation
Reform UK Pledges to Retain Britain’s Budget Watchdog as It Seeks Broader Economic Credibility
×