Scottish Government ordered to pay costs and expenses after Supreme Court gender ruling

Judges on the Supreme Court unanimously ruled in April that a woman is defined by biological sex under equality laws.

It followed a long-running legal case brought by the campaign group For Women Scotland against the Scottish Government.

The judgment will have significant implications across Scotland, England and Wales, including in the health service, where previous guidance had allowed trans women to use female-only spaces such as changing facilities.

For Woman Scotland said the court order had now been issued by the Supreme Court, and posted it on social media.

The court ordered that "the respondent [the Scottish Government] be liable for the appellant's [For Women Scotland] costs in the Supreme Court, the amount of those costs to be assessed on the standard basis if not agreed, and to include the costs of one leading and one junior counsel".

It added: "The respondent be liable for the appellant's expenses below, to be assessed on the standard basis if not agreed."

A freedom of information request by the Conservatives previously found the Scottish Government had spent almost £160,000 on legal costs associated with the judicial review by For Women Scotland.

But the Government said final costs in relation to the case “are still being determined and are not yet available”, adding: “We will publish the total cost of the case when it is fully complete.”

Writing on social media, former SNP MP Joanna Cherry KC said the court order underlined the clarity of the Supreme Court’s judgment “and provides a timely reminder for the foolhardy that generally expenses follow success”.

An update from the Equality and Human Rights Commission issued after the Supreme Court ruling stated that in workplaces which are open to the public, trans people should not be permitted to use facilities which correspond with their identified gender.

Trans women have been banned from using the female toilets in the Scottish Parliament in the wake of the ruling, in a move strongly criticised by some MSPs.