Round One to Scots Law

A large gathering of interested parties assembled in Parliament Square this morning to show their concern about the Palestine Action proscription and its implications for human rights, prevention of genocide, starvation and sexual violence and other atrocities in conflicts, as well as issues of self- determination, democracy, constitutional safeguards and incarceration, and healthcare. Singing, a display of banners and placards all contributed to the message: while all of the above are issues for Palestine-focussed organisations and individuals, they all impact on how Scotland and Scottish society may place itself in the global context across many other aspects of how Scotland is governed from Westminster.

Craig Murray is the author, broadcaster and human rights activist who was British Ambassador to Uzbekistan from August 2002 to October 2004 and Rector of the University of Dundee from 2007 to 2010. He was there to progress a judicial review of the proscription in Scotland. He has already collaborated with and assisted the co-founders, Huda Ammori and Richard Barnard, who are moving the Judicial Review in England. He shared in actions, and in raising awareness of Palestine Action’s aims and strategy, and additionally joined the mass action before the organisation was proscribed.

Campaigners were upbeat after a hearing on whether a judicial review of the decision to proscribe Palestine Action can be pursued under Scots law. Here’s Craig Murray’s reaction outside the Court of Session pic.twitter.com/KDk3VpFmwv

— The National (@ScotNational) January 12, 2026

In order to show the outrageous effects of the proscription here in Scotland, Craig Murray had wished to demonstrate the chilling effect on journalism, and limiting effect on freedom of speech, by illustrating the things he would like to write now on Palestine Action, but the proscription makes it illegal to do so and his own lawyers strongly advised him that such action would lead to arrest and terrorism charges. This attack on his freedom of speech prevents him from illustrating the absurd disproportionality of the restriction

Before going into the Court of Session, Craig Murray addressed the gathered crowd about the huge level of public interest in a Scottish Judicial Review of Palestine Action’s proscription arising through the lack of confidence that Scottish people may feel about the English legal system ‘getting it right’, with the ludicrous situation of ordinary Scottish people being wrongly charged with terrorism. So many have witnessed on our screens the 100 thousand people massacred in Palestine, not just by the actions of the Israeli Government, but with the active support of other governments, including our own. Even with Palestine Action disbanded, he had no doubt that direct action will continue to be taken against the arms industry in the UK because there exists a moral right and a moral responsibility to stand up against genocide.

After this, many of these people furled their banners, and filed slowly into the security queue before filling all available public space in the court, with others continuing the support with singing at the vigil outside. The judge noted the high level of public interest and took care to ensure that those attending could see and hear the proceedings. He began by pointing out that there were only two matters under Scots law to be decided today, and that other decisions would be for a different occasion: namely whether Craig Murray has standing to bring the case, as he is not a member of Palestine Action, and secondly if the Scottish courts should hear an issue that is already being decided in the courts of England and Wales. 

On the first item, Craig Murray had submitted an affidavit which clarified that Palestine Action does not have a membership structure, that it has been disbanded, and that he had collaborated with and assisted the co-founders, Huda Ammori and Richard Barnard, almost from the start of the organisation. He had spoken with them on public platforms to urge support for Palestine Action (while it was legal), and participated in a Palestine Action protest at an Elbit factory.

The Crown conceded that he does have sufficient interest, which leaves us with the matter of whether a Scottish Judicial Review should go ahead because it will just duplicate the judicial review down south.

KC Joanna Cherry argued that in an earlier case of hers against Boris Johnson proroguing the UK Parliament, the top Scottish court had agreed with her that Johnson should not prorogue the UK Parliament while the top English court said he could. Ultimately, the Supreme Court agreed with that Scottish decision.

In a matter of urgent public importance (whether the Brexit process or the arrest of law-abiding citizens for expressing their political opinions) it is crucial that the Scottish legal system can address these matters. The usefulness of having a separate review in Scotland was demonstrated in the Brexit prorogation case.

If both reviews go ahead, and Scotland finds in Craig Murray’s favour (as is possible) and England finds against (as is likely) then the Supreme Court will have had the arguments and considerations for both sides available, rather than just for the UK government’s side.

The judge declared that he will declare his view as soon as possible, and possibly within a week.

So this is only one small step towards the possibility of Scotland being instrumental in quashing the act that could cause many people to be convicted of terrorism charges without meeting any of the criteria outlined by the UN High Commissioner for Human Rights. But it is a start, and Craig Murray is a determined and well-qualified legal adversary for Sir Keir Starmer’s Proscription of Palestine Action.