Independence referendum two final spend: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.

Information requested

Can you please forward me how much money has been spent on obtaining a legal decision to determine if Scottish government can hold an independence referendum without consent of UK government now that the Supreme Court has made a ruling.


Some of the information you have requested is available from the Scottish Government website. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. However, in the interests of being helpful, we have provided links to the relevant material below:

Independence referendum Supreme Court referral: legal costs - (

The spending on the Lord Advocate’s reference to the Supreme Court as published on 22 September 2022 was on external legal fees. An additional £350 has been spent on Supreme Court filing fees.

As set out in our responses to PQ S6W-09691 (available at S6W-09691 | Scottish Parliament Website) and PQ S6W-11576, the Scottish Government intends to proactively publish information about the costs of the litigation and will be publishing updated costs of the reference, including a breakdown of them, in December. Accordingly, an exemption under Section 27 (information intended for future publication) applies to some of the information you have requested. This exemption allows public authorities to refuse to disclose information if they already plan to publish it within the next 12 weeks. The reasons why this exemption applies are set out in Annex B.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at

Annex B - 202200331649


Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road

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