Scottish government yet to pay up after losing legal battle over definition of a woman

The Scottish government and For Women Scotland's long-running legal battle over the definition of a woman is yet to come to a close.

For Women Scotland (FWS) won the case in April when the country's highest court ruled "woman" and "sex" in the Equality Act 2010 refers to "a biological woman and biological sex".

The Scottish government was ordered to pay a portion of the campaign group's legal costs.

FWS told Sky News the bill of costs for the Supreme Court element of the case was more than £270,000, however various parts have reportedly been disputed by the Scottish government.

That has now been submitted to the court for determination and a decision is awaited.

The Outer and Inner House element of the case at the Court of Session in Edinburgh was said to be more than £150,000.

Trina Budge, co-director of FWS, said the group is also due an uplift - a small percentage of the final expenses awarded.

Ms Budge claimed Scottish ministers are yet to enter into any negotiations on settlement and a date has been set in January for a hearing before the Auditor of the Court of Session to confirm the amount the government will have to pay.

Ms Budge said: "The delay always suits the paying party but I think it's quite unusual to decline to enter into any discussions at all.

"It's highly likely this is a deliberate tactic in the hope of starving us of funds to prevent us continuing our latest case on the lawfulness of housing male prisoners on the female estate.

"However, it should come as no surprise to the government that we have massive support and we will, of course, be continuing regardless of any sharp practices."

It is understood the bill of costs for the Supreme Court case was lodged by FWS in August, while the expenses linked to the Court of Session action was submitted in September.

Figures revealed by a recent Freedom of Information (FOI) request show the Scottish government has spent at least £374,000 on the case.

Final costs are yet to be confirmed but will be published once complete.

A Scottish government spokesperson said: "There is an established process to be undertaken to agree the final costs for a legal case and these will be calculated and published in due course."

In August, FWS lodged fresh action at the Court of Session.

The group claimed Holyrood's guidance on transgender pupils in schools and the Scottish Prison Service's (SPS) policy on the management of transgender people in custody were both in "clear breach of the law" and "inconsistent" with the Supreme Court judgment.

The following month, the Scottish government issued updated guidance which said schools across the nation must provide separate toilets for boys and girls on the basis of biological sex.

If possible, schools can also provide gender neutral toilets for transgender students.

However, court proceedings continue over transgender prisoners.

Current SPS guidance allows for a transgender woman to be admitted into the female estate if the inmate does not meet the violence against women and girls criteria, and there is no other basis "to suppose" they could pose an "unacceptable risk of harm" to those also housed there.

First Minister John Swinney and Justice Secretary Angela Constance have both dodged questions on the case, citing it would be inappropriate to comment on live court proceedings.

On Tuesday, Ms Constance was accused by former Scottish Tory leader Douglas Ross of "misleading" Holyrood, saying she could give full answers under contempt of court legislation.

Scottish Tory MSP Tess White, the party's equalities spokesperson, added she was "spine-chillingly concerned" of a repeat of the Isla Bryson case.

Bryson, a transgender woman born Adam Graham, was initially sent to a women-only prison despite being convicted of raping two women.

The offender was later transferred to the male estate following a public outcry.

Speaking to Sky News, Ms White said: "John Swinney was quick to waste taxpayers' money fighting a case which confirmed what the vast majority of the public knew beforehand: a woman is an adult human female."

The MSP for North East Scotland urged the SNP administration to "pay up and finally respect the clear judgment from the Supreme Court".

A Scottish government spokesperson said: "It is the Scottish government's long-held position that it is inappropriate for Scottish ministers to comment on live litigation.

"In all cases, we have an obligation to uphold the independence of the judiciary. We do not want the government to ever be seen as interfering in the work of the independent courts."

(c) Sky News 2025: Scottish government yet to pay up after losing legal battle over definition of a woman