tag:blogger.com,1999:blog-1638916042737526171.post707156836660474358..comments2024-03-28T07:16:39.621+00:00Comments on Lallands Peat Worrier: Baccymongers, bankers & the Supremes...Lallands Peat Worrierhttp://www.blogger.com/profile/18276270498204697708noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-1638916042737526171.post-79981987744573083032012-10-05T15:47:31.550+01:002012-10-05T15:47:31.550+01:00It has produced (presumably rather unexpected) out...It has produced (presumably rather unexpected) outcomes, to whit, the bench due to assemble to hear Imperial Tobacco is a case in point. One needn't even be a blazing Scots legal nationalist to think that the composition looks problematic, when deliberating over what is a question of immense importance for Scots law and institutions. While tobacco vending may not cause the earth to quake, all of these devolution cases, demarcating the powers of Holyrood in more and less perceptible ways, all have the potential to have a significant impact on Scottish politics and democracy.<br /><br />As I noted <a href="http://ukhumanrightsblog.com/2012/09/27/human-rights-and-the-uk-constitution-or-why-turkeys-dont-vote-for-christmas/#comment-18165" rel="nofollow">in a comment on a recent UK Human rights blog piece,</a> such is the interest - and are the challenges - of a legislature and executive, subject to forceful judicial review.Lallands Peat Worrierhttps://www.blogger.com/profile/18276270498204697708noreply@blogger.comtag:blogger.com,1999:blog-1638916042737526171.post-35177946388420458312012-10-03T09:32:42.232+01:002012-10-03T09:32:42.232+01:00I wish that the "devolution jurisdiction"...I wish that the "devolution jurisdiction" had been left with the Judicial Committee of the PC.ObiterJhttps://www.blogger.com/profile/04544226917595022902noreply@blogger.comtag:blogger.com,1999:blog-1638916042737526171.post-21155332667599524272012-10-01T20:07:25.473+01:002012-10-01T20:07:25.473+01:00Am Firinn,
A pertinent reminder that I'm not ...<b>Am Firinn</b>,<br /><br />A pertinent reminder that I'm not yet on top of the new provisions in the 2012 Act. *rummages around in the digital stoor for a copy*Lallands Peat Worrierhttps://www.blogger.com/profile/07238432265194046726noreply@blogger.comtag:blogger.com,1999:blog-1638916042737526171.post-15035360941730311802012-09-30T14:57:36.308+01:002012-09-30T14:57:36.308+01:00There is also the matter of the requirement in the...There is also the matter of the requirement in the Scotland Act 2012 for a review after three years of that Act's provisions on the criminal jurisdiction of the UK Supreme Court. That review is to include examination of whether cases should be certified by the High Court before they are allowed to proceed to the UKSC, as is the situation currently with cases coming to that court from England & Wales. You might expect that to cut the numbers a bit: and it is interesting that Lord Hope might be more supportive of such an idea than he has appeared to be at some points in this debate. Of course, I hope it will be something of a dead letter by then! Am Firinnnoreply@blogger.comtag:blogger.com,1999:blog-1638916042737526171.post-78462300628232080772012-09-27T12:43:01.112+01:002012-09-27T12:43:01.112+01:00Advocate,
Thanks for the comment: interesting stu...<b>Advocate,</b><br /><br />Thanks for the comment: interesting stuff. As you say, there does seem to be a perception that taking the case to London is worth the punt: a perception often rewarded by a more favourable judgment. <a href="http://lallandspeatworrier.blogspot.co.uk/2012/05/can-holyrood-repudiate-uk-supreme.html" rel="nofollow">That drift may also become more significant, you might think, now that Holyrood arguably has the power to cut civil appeals to London...</a>Lallands Peat Worrierhttps://www.blogger.com/profile/07238432265194046726noreply@blogger.comtag:blogger.com,1999:blog-1638916042737526171.post-88597484325302487352012-09-27T10:58:53.070+01:002012-09-27T10:58:53.070+01:00Scottish civil appeals to the supreme court don...Scottish civil appeals to the supreme court don't in general require leave to appeal, while English do. In English appeals, only about 25% are granted leave, of which about 40% are successful. So one might expect there to be more Scottish civil appeals proportionately (although a few years ago there were actually less), but what is striking is that the success rate is not, as the English comparison would suggest, around 10%; I think it has been around 75% in recent years. That is in spite of the fact that many of the minority of failures are hopeless appeals that should never have been brought (e.g. most recently Tullochgribbans Mains in July).<br /><br />Behind this is a widespread perception at the Bar that the approach of the Supreme Court is so different to that of the Court of Session that an appeal is often going to be worth a shot. When the Supreme Court was instituted, there were suggestions that a leave requirement be introduced; Lord Hope was vigorously against this, but has now changed his mind, because he says of the hopeless class of case. So it yet may be.<br /><br />Back in the 1950-60s, there were major issues as to the difference in approach of the two courts (see Stott's diaries). Somebody should write this up for modern times. As a first generality I'd suggest the Court of Session is an 'it's aye been' court, while the Supreme Court is a moderniser- see e.g. Eba and Axa last year, the two most important Scots public law cases this century.Advocatenoreply@blogger.comtag:blogger.com,1999:blog-1638916042737526171.post-92137739109974426192012-09-26T23:57:51.809+01:002012-09-26T23:57:51.809+01:00*cries of "Shame!"*<i>*cries of "Shame!"*</i>Lallands Peat Worrierhttps://www.blogger.com/profile/07238432265194046726noreply@blogger.comtag:blogger.com,1999:blog-1638916042737526171.post-69266301510272473652012-09-26T17:55:08.483+01:002012-09-26T17:55:08.483+01:00The High Court of Justiciary's judgment seems ...The High Court of Justiciary's judgment seems to be alluding me. Answers on the proverbial postcard, anyone in the know. <br /><br />Eluding you I think!!!Fourfolksachehttps://www.blogger.com/profile/12651190231842907126noreply@blogger.com