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The Scotch Whisky Association and Others, Re Judicial Review: SCS 26 Sep 2012

Outer House – application by Alcohol Focus Scotland for permission to intervene in the public interest in a judicial review application by The Scotch Whisky Association and two European bodies which represent producers of spirit drinks and the wine industry and trade respectively (‘the petitioners’). The petitioners’ application is for judicial review of the Alcohol … Continue reading The Scotch Whisky Association and Others, Re Judicial Review: SCS 26 Sep 2012

Scotch Whisky Association and Others v The Lord Advocate and Another: SC 15 Nov 2017

The Association challenged the imposition of minimum pricing systems for alcohol, saying that it was in breach of European law. After a reference to the ECJ, the Court now considered its legality. Held: The Association’s appeal failed. Minimum pricing was a proportionate way of achieving a legitimate aim. From the outset, concern about the health … Continue reading Scotch Whisky Association and Others v The Lord Advocate and Another: SC 15 Nov 2017

The Scotch Whisky Association and Others v The Lord Advocate and Another: SCS 21 Oct 2016

The Association sought to challenge the legality of the 2012 Act and orders made under it. The Government’s contended that the Act would bring health benefits of one sort or another to at least part of the population. Held: In a reclaiming motion, it is normal for the court to proceed on the basis of … Continue reading The Scotch Whisky Association and Others v The Lord Advocate and Another: SCS 21 Oct 2016

Scotch Whisky Association and Others v The Lord Advocate and Another: SCS 30 Apr 2014

(Extra Division, Inner House, Court of Session) Reclaiming motion is brought against the Lord Ordinary’s decision rejecting the petitioners’ challenge to the provisions of the 2012 Act. Reference to ECJ Citations: [2014] ScotCS CSIH – 38 Links: Bailii Statutes: Alcohol (Minimum Pricing) (Scotland) Act 2012 Jurisdiction: Scotland Citing: See Also – The Scotch Whisky Association … Continue reading Scotch Whisky Association and Others v The Lord Advocate and Another: SCS 30 Apr 2014

The Scotch Whisky Association and Others, Re Judicial Review: SCS 3 May 2013

(Outer House, Court of Session) The petitioners challenged the legality of an enactment of the Scottish Parliament – the Act. They also challenged the legality of the Scottish Ministers’ decision that they would make an Order setting the minimum price at 50 pence per unit of alcohol. Held: The claim was rejected Judges: Lord Doherty … Continue reading The Scotch Whisky Association and Others, Re Judicial Review: SCS 3 May 2013