The Advocate General for Scotland

Involvement in Cases

 
The Advocate General has appeared 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 now, the Supreme Court. The following is a breakdown of such cases.
 

JCPC Cases (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.
(1) Procurator Fiscal, Dunfermline and (2) Her Majesty's Advocate General for Scotland v. Margaret Anderson Brown
High Court of Justiciary
5 December 2000
3.
(1) Her Majesty's Advocate and (2) Her Majesty's Advocate General for Scotland v. Robert McIntosh
High Court of Justiciary
5 February 2001
4.
(1) Norman McLean and (2) Peter McLean v. (1) Procurator Fiscal, Fort William and (2) Her Majesty's Advocate General
High Court of Justiciary
24 May 2001
5.
(1) Karl Anderson (2) Alexander Reid and (3) Brian Doherty v. (1) The Scottish Ministers and (2) Advocate General for Scotland
Inner House of the Court of Session
15 October 2001
6.
Kenneth Anthony Paton Mills v. (1) (Her Majesty's Advocate and (2) The Advocate General for Scotland
High Court of Justiciary
22 July 2002
7.
"R" v. (1) Her Majesty's Advocate and (2) 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 personally representing HM Government)

 
Case name
Appeal from:
Date of judgment
1.
Tehrani v. Secretary of State for the Home Department
Inner House of the Court of Session
18 October 2006
2.
Somerville (AP) and others v. Scottish Ministers
Inner House of the Court of Session
24 October 2007
3.
Common Services Agency v. Scottish Information Commissioner
Inner House of the Court of Session
9 July 2008
4.
Fatima Helow (AP) v. Secretary of State for the Home Department
Inner House of the Court of Session
22 October 2008
 

Supreme Court Cases (AG Intervention)

 
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
 

Other Cases (AG personally 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.
McDonald, Dixon and Blair v. Her Majesty's Advocate
High Court of Justiciary
21 December 2007
6.
Case C-428/07, R (oao Mark Horvath) v. Secretary of State for Environment, Food and Rural Affairs
European Court of Justice
16 July 2009
7.
Megrahi v. Her Majesty's Advocate
Appeal Court, High Court of Justiciary
Appeal Abandoned
8.
Duncan MacLean v HMA
Appeal Court, High Court of Justiciary
10 February 2010
9.
Petition to Wind Up UK Bankruptcy Ltd
Inner House of the Court of Session
21 September 2010
 
10. George McGeoch, Petition for Judicial Review Outer House of the Court of Session

8 April 2011

 

11. Axa General Insurance and Others for Judicial Review of the Damages (Asbestos - Related Conditions) (Scotland) Act 2009  
 
Inner House/Supreme Court 12 April 2011/Supreme Court decision pending
12. Blajosse Charlotte Eba v The Advocate General Supreme Court 22 June 2001
13. Francis v Pertemps Inner House of the Court of Session

29 June 2011

 

       
This page will continue to be updated with all cases before the Supreme Court in which the Advocate General has intervened and other cases in which he has appeared.

 

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