THE Supreme Court’s judgment to deny Scotland an independence referendum by dismissing the country’s right to self-determination was wrong, a leading lawyer has said.
Alba MP Neale Hanvey commissioned internationally-renowned public law expert Professor Robert McCorquodale to assess the verdict delivered in November last year and will publish his findings next week.
The Brick Court Chambers lawyer, noted by legal bible Legal 500 as having an “impressive background in all aspects of public international law”, said “the Supreme Court was mistaken in law in its approach to the right to self-determination of the people of Scotland in the Scottish Referendum reference case”.
Supreme Court judge Lord Reed doused hopes for indyref2 when he rejected arguments the SNP submitted arguing the court must consider Scotland’s right to self-determination according to the founding charter of the United Nations.
The court ruled that “the right to self–determination is not in issue” in the case.
Alba said Prof. McCorquodale’s findings were “ground-breaking”.
He served as the director of the British Institute of International and Comparative Law (BIICL) for 10 years and is also a professor of international law and human rights at Nottingham University.
Alba said they would set out his findings at a press conference in the House of Commons on Tuesday.
The opinion is separate from work commissioned by the party as a whole.
Alba have also asked two experienced KCs and a top-flight London law firm to examine the same question. The party said those contracted have not yet reached conclusions.
