Focus on alcohol

The Scotch Whisky Association (SWA), supported by two European industry bodies, has petitioned the Court of Session seeking a judicial review of the Scottish Government’s minimum pricing legislation, which received royal assent in June and is expected to come in to force in April.

The SWA’s judicial review against minimum pricing is in addition to five European Union nations which have reportedly submitted legal questions over minimum pricing, claiming that it infringes strict laws protecting the free trade of goods across Europe. In an interesting development, Alcohol Focus Scotland, a charity, has been granted leave to enter the process as a third party in the action.

Lord Hodge has stated that he will issue the reasoning behind this decision at a later date, but Alcohol Focus Scotland has stated that it has been granted leave to “intervene in the public interest”. This development is particularly interesting as it is rare that parties which are not directly involved in the case itself are allowed in to an action.

Further, it has been reported that Alcohol Focus Scotland will be presenting evidence on the public health arguments for minimum pricing, which is unusual because a judicial review is about the legality of a decision. SWA’s petition for judicial review is about the lawfulness of the proposal for minimum pricing as opposed to the merits of the policy. The fact that Alcohol Focus Scotland has been allowed to enter the process is significant as it means that there will be a well-rounded debate within the court.

Naomi Pryde

Senior solicitor

Tods Murray

Fountainbridge, Edinburgh