WHY WE HAD TO FIGHT AGAINST SCHEME.
Byline: ELAINE MOTION Civil liberties lawyer for appeal team
THIS is a highly significant and extremely unusual judgment. Successful challenges to legislation are very rare.
The action was brought as there was a public interest issue with a real strength of feeling about the potential impact of the scheme across Scottish society.
That meant it was right to take the case all the way to the Supreme Court.
In layman's terms, the Supreme Court has said the Scottish Government has overstepped the line drawn by Article 8 of the ECHR to protect and respect private and family life.
The Supreme Court has decided that the information-sharing details of the named person scheme were lacking in the necessary precision to give protection against arbitrary interference. That was incompatible with Article 8.