Scottish Government ordered to pay For Women Scotland's legal costs

The Scottish Government has been ordered to pay For Women’s Scotland’s legal costs from the landmark definition of a woman Supreme Court case.

In April, the UK Supreme Court unanimously sided with the campaign group For Women Scotland and determined that the terms “woman” and “sex” in the 2010 Equality Act refer to biological women and sex.

It has already affected how both governments and public bodies manage access to single-sex spaces like toilets and changing rooms.

Following the ruling, a court order was handed down on Tuesday ordering the Scottish Government – who lost the case – to pay for at least part of the campaign group’s court costs.

The price tag for taxpayers is still unknown, but For Women Scotland estimated that it will cost a “minimum of £250,000”.

“The courts have a basic formula to be followed in calculating the amount to be paid by the Scottish Ministers and that will also be subject to some negotiation between the two legal teams before a final figure is agreed,” a spokesperson for the campaign group said.

For Women Scotland said they will likely bill the Scottish Government for about 60-70% of the actual costs, and they spent approximately £417,000 over the course of both the Supreme Court and Court of Sessions cases.

It will be some months before this total is known and finalised, but these costs are likely on top of the case’s previously reported £157,816 price tag for the Scottish Government.

Earlier this month, a freedom of information request revealed that the Government had spent at least £374,000 fighting the landmark definition of woman case.

The most recent UK Supreme Court case was set to cost the taxpayers £157,816 in legal fees, on top of the previously documented £216,182 costs from the initial legal challenges.

“Final costs in relation to the case are still being determined and are not yet available,” the Scottish Government said.

“We will publish the total cost of the case when it is fully complete.”

The Supreme Court has stated that the total will be negotiated by For Women Scotland and the Scottish Government.

The Court said it will step in and assess the costs if an agreement is not made.

A spokesperson for the Scottish Government said: “The Scottish Government has received the Supreme Court’s order in respect of costs and final costs for this case will be calculated and published in due course.”