Supreme Court ruling on the definition of a Woman: FOI release

Information requested

The total costs incurred by The Scottish Government in relation to other development, promotion, and subsequent defence of policies or legal positions involving the definition of the term ‘women’ - particularly where it concerns the gender identity alongside, or in place of biological sex.

Please include:

1. Legal costs - including court cases, consultations and external legal advice.
2. Policy development costs.
3. Any public communications or campaign costs on this issue.

I do not require detailed documents, just total costs, or costs to date.

Response

Please find below some of the information you have requested. The Scottish Government has not created a compilation of other (non-legal) costs associated with work related to the Supreme Court such as; staff costs, other policy development costs, public communication or campaign costs, travel costs, hotel accommodation costs, etc. As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

The table below sets out the legal cost figures for case 'For Women Scotland - petition for judicial review'. This case was heard by both the Outer House Court of Session and Inner House Court of Session.

For Women Scotland - Petition for Judicial Review
Counsel Fees	£61,930.50
Court Fees	£4,898.00
Other	£149,354.00
Total	£216,182.50

The table below sets out the legal cost figures for case 'For Women Scotland - Petition for Judicial Review: Petition 2'. This case was heard by both the Outer House Court of Session, Inner House Court of Session and the Supreme Court.

For Women Scotland - Petition for Judicial Review: Petition 2
Counsel Fees	£148,925.00
Court Fees	£7,552.00
Other	£1,339.30
Total	£157,816.30

Final costs in relation to the case are still being determined and are not yet available. We will publish the total cost of the case when it is fully complete.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.