Involvement in Cases
The Advocate General has appeared either personally or been represented in a large number of significant cases on behalf of the UK Government before the Court of Session, High Court of Justiciary, the Judicial Committee of the Privy Council, the House of Lords, the Court of Justice of the European Union and the UK Supreme Court. The following is a breakdown of such cases.
Judicial Committee of the Privy Council (AG Intervention)Case name / Origin / Date of judgment
1. / David Shields Montgomery and Andrew Alexander Marshall Coulter v. Her Majesty's Advocate and The Advocate General for Scotland / High Court of Justiciary / 19 October 2000
2. / Procurator Fiscal, Dunfermline and Her Majesty's Advocate General for Scotland v. Margaret Anderson Brown / High Court of Justiciary / 5 December 2000
3. / Her Majesty's Advocate and Her Majesty's Advocate General for Scotland v. Robert McIntosh / High Court of Justiciary / 5 February 2001
4. / Norman McLean and Peter McLean v.
Procurator Fiscal, Fort William and Her
Majesty's Advocate General / High Court of Justiciary / 24 May 2001
5. / Karl Anderson, Alexander Reid and Brian Doherty v. The Scottish Ministers and
Advocate General for Scotland / Inner House
Court of Session / 15 October 2001
6. / Kenneth Anthony Paton Mills v. Her
Majesty's Advocate and The Advocate General
for Scotland / High Court of Justiciary / 22 July 2002
7. / "R" v. Her Majesty's Advocate and The
Advocate General for Scotland / High Court of Justiciary / 28 November 2002
8. / "DS" v Her Majesty's Advocate / High Court of Justiciary / 22 May 2007
9. / David Spiers, Procurator Fiscal v.
Kevin Gerald Ruddy (Scotland) and
Her Majesty's Advocate General for Scotland / High Court of Justiciary / 12 December 2007
10. / McDonald, Dixon and Blair v. Her Majesty's Advocate / High Court of Justiciary / 16 October 2008
11. / George Burns v. Her Majesty's Advocate / High Court of Justiciary / 3 November 2008
12. / John Murtagh v. Her Majesty's Advocate / High Court of Justiciary / 3 August 2009
House of Lords Cases (AG representing HM Government)
Case name / Appeal from: / Date of judgment
1. / Tehrani v. Secretary of State for the Home Department / Inner House Court of Session / 18 October 2006 (HL)
2. / Somerville (AP) and others v. Scottish Ministers / Inner House Court of Session / 24 October 2007 (HL)
3. / Common Services Agency v. Scottish Information Commissioner / Inner House Court of Session / 9 July 2008 (HL)
4. / Fatima Helow (AP) v. Secretary of State for the Home Department / Inner House Court of Session / 22 October 2008 (HL)
UK Supreme Court Cases (AG Intervention – criminal appeals)
Case name / Appeal from: / Date of judgement
1. / Steven Allison v HMA / High Court of Justiciary / 10 February 2010
2. / Paul McInnes v HMA / High Court of Justiciary / 10 February 2010
3. / Sean Martin v HMA / High Court of Justiciary / 03 March 2010
4. / Ross Miller v HMA / High Court of Justiciary / 03 March 2010
5. / Peter Cadder v HMA / High Court of Justiciary / 26 October 2010
6. / BHanr v Lord Advocate / High Court of Justiciary / 20 June 2012
UK Supreme Court Cases (civil appeals)
Case name Appeal from:Date of judgment
1. Blajosse Charlotte Eba v Inner House 22 June 2011
The Advocate General Court of Session
2. Axa General Insurance Ltd & Others for Inner House 12 October 2011
Judicial Review of the Damages (Asbestos Court of Session
- Related Conditions) (Scotland) Act 2009
3. BH & another v Lord Advocate (extradition) Inner House 20 June 2012
KAS or H & another v Lord Advocate Court of Session
4. Imperial Tobacco Ltd v The Inner House 12 December 2012
Lord Advocate & Advocate General Court of Session
5. George McGeoch v The Lord President of Inner House 16 October 2013
Council + R(appn of Chester) v Court of Session
Secretary of State for Justice
6. Zoumbas v SSHD Inner House 27 November 2013
Court of Session
7. IA v SSHD Inner House 29 January 2014
Court of Session
8. A v BBC (& SSHD) Inner House 8 May 2014
Court of Session
9. MN & NY v SSHD Inner House 21 May 2014
Court of Session
10. MoohanGillon v The Lord Advocate Inner House 17 December 2014
Court of Session
11. Khalid Ahmad v SSHD (Appeal From)
Inner House Court of Session
Appeal abandoned October 2016
12. R (KiarieByndloss) v SSHD (Appeal From) Court of Appeal
Case heard 15 & 16 February 2017 judgement awaited
Court of Justice of the European Union (AG representing HM Government)
Case name Date of Judgement
1. Case C-428/07, R (oao Mark Horvath) v. 16 July 2009
Secretary of State for Environment, Food
and Rural Affairs
2. European Commission, Council of the European 18 July 2013
Union, United Kingdom of Great Britain and
Northern Ireland v Yassin Abdullah Kadi
Joined Cases C 548/10 P, C 593/10 P and C 595/10 P
3. Petition of the Scotch Whisky Association AG BottOpinion
& Others for judicial review of the Alcohol 3 September 2015
(Minimum Unit Pricing) Scotland Act 2012- Full Court opinion
Preliminary reference from Inner House
23 December 2015.
Other Cases (AG representing HM Government)
Case name / Court / Date of judgment
1. / Stephen Goatley v. Her Majesty's Advocate / High Court of Justiciary / 12 July 2006
2. / Smith v. Scott, Electoral Registration Officer for the areas of Clackmannanshire, Falkirk and Stirling / Registration Appeal Court, Scotland / 24 January 2007
3. / Traynor & Fisher, Petitioners for Judicial Review / Court of Session / 20 April 2007
4. / XY v. Scottish Ministers / Court of Session / 27 April 2007
5. / Megrahi v. Her Majesty's Advocate / Appeal Court, High Court of Justiciary / Appeal Abandoned
August 2009
6. / Duncan MacLean v HMA / Appeal Court, High Court of Justiciary / 10 February 2010
7. / Petition to Wind Up UK Bankruptcy Ltd / Inner House Court of Session / 21 September 2010
8. / Francis v Pertemps (for HMCTS) / Inner House
Court of Session / 29 June 2011
9. / TaqaBratani Ltd v Secretary of
State for Environment & Climate
Change / Court of Session / Appeal withdrawn April 2012
10. / Petition of Scottish Coal Co Ltd
for liquidation (for DECC/BIS) / Court of Session / 12 December 2013
11. / Beggs v Electoral Registration Officer
(Ayrshire & Aberdeenshire) (for SoS Justice) / Court of Session / Appeals withdrawn
25.8.14
12. / Petition of Fox Solicitors
For interim suspension of
EAT Fees Order 2013
(for SoS Justice) / Court of Session / Interim orders 9.8.13
Petition dismissed 26.2.15
13. / Hair Brothers v SSE
Telecommunications Limited
Anr (for DCMS) / Court of Session / Action settled
24.6.15
14. / R (KiarieByndloss) v SSHD / Court of Appeal / 13th October 2014
15. / Av B& C (3rd Defender for SoS Health) / Court of Session / 15th February 2016
16. / SSHD v MM (Uganda) and KO (Nigeria) / Court of Appeal / 19 & 20 April 2016
17.
/ Sara Slezak v Secretary of State for Work & Pensions
/ Inner House Court of Session
/ 27 January 2017
18. / Petroineos Manufacturing Scotland Ltd
v Clydeport Operations Ltd & Queens Harbour Master (MOD) / Court of Session / 23 March 2017
19. / Sadovska & Malik v AGS for SoS Home Department / UK Supreme Court / 26 July 2017
20. / AGS for SoS Work & Pensions v MMcK / Inner House Court of Session / 24 August 2017 (UKSC decision awaited on application for permission to appeal to UKSC)
21. / Brown v Parole Board for Scotland, Scottish Ministers and AGS for SoS Justice / UK Supreme Court / 1 November 2017
22. / Scotch Whisky Association & others v Lord Advocate & AGS for SoS Health & SoS Home Department / UK Supreme Court / 15 November 2017
23. / AGS for SoS Home Department v Shelley Romein / UK Supreme Court / 8 February 2018
24. / Monica Allan v AGS for SoS Justice (CICA) / UK Supreme Court / Hearing date tba