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Imperial Tobacco Ltd, Re Judicial Review: SCS 30 Sep 2010

(Opinion) The petitioner sought review of the 2010 Act, saying that its provisions related to matters reserved to the UK parliament by the 1998 Act, and were therefore outwith the powers granted to the Scottish Parliament. Held: The petition for judicial review was rejected. None of the appellants’ challenges to the legislative competence of the … Continue reading Imperial Tobacco Ltd, Re Judicial Review: SCS 30 Sep 2010

Imperial Tobacco Ltd v The Lord Advocate: SC 12 Dec 2012

The claimant company said that the 2010 Act was outside the competence of the Scottish Parliament insofar as it severely restricted the capacity of those selling cigarettes to display them for sale. They suggested two faults. First, that the subject matters were reserved to the UK Parliament under the 1998 Act. Second that the Act … Continue reading Imperial Tobacco Ltd v The Lord Advocate: SC 12 Dec 2012

Imperial Tobacco Ltd v The Lord Advocate As Representing The Scottish Ministers: SCS 2 Feb 2012

The company sought a reclaiming motion after dismissal of their request for judicial review of the 2010 Act of the Scottish Parliament. Held: The appeal against the Lord Ordinary’s interlocutor was refused.Lord Reed said that the nature of the Sewell Convention was essentially political, not legal: ‘The Scotland Act is not a constitution, but an … Continue reading Imperial Tobacco Ltd v The Lord Advocate As Representing The Scottish Ministers: SCS 2 Feb 2012