SCOTCH WHISKY ASSOCIATION & Ors FOR JUDICIAL REVIEW [2014] ScotCS CSIH_64 (11 July 2014)

SCOTCH WHISKY ASSOCIATION & Ors FOR JUDICIAL REVIEW [2014] ScotCS CSIH_64 (11 July 2014)

The application for further written submissions was refused because it was made after the court had reached its decision to refer questions to the CJEU, and because intervention under Rule 58.8A does not confer party status for the purposes of proceedings before the CJEU.

Citation
[2014] ScotCS CSIH_64
Parties
Petitioner: Scotch Whisky Association and Others; Applicant/intervener: Alcohol Focus Scotland
Jurisdiction
Scotland
Judgment Date
11 July 2014
Procedural Posture
Judicial Review / Application to Intervene (further Submission)
Outcome
Application refused
Legal Topics
Intervention in Judicial Review, Locus Standi, Reference to Court of Justice of the European Union
Civil Procedure European Union Law Intervention in Judicial Review Locus Standi Reference to Court of Justice of the European Union

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Parties

Scotch Whisky Association and Others

Petitioner

Alcohol Focus Scotland

Applicant/intervener

Procedural Posture

Judicial Review / Application to Intervene (further Submission)

Legal Issues

  1. 1 Whether further written submissions by the intervener should be allowed after substantive arguments have concluded and the court has reached its decision to refer questions to the CJEU
  2. 2 Whether intervention under Rule 58.8A confers party status for the purposes of proceedings before the CJEU

Ratio Decidendi

The application for further written submissions was refused because it was made after the court had reached its decision to refer questions to the CJEU, and because intervention under Rule 58.8A does not confer party status for the purposes of proceedings before the CJEU.

Court Disposition

Application refused

Orders

  • Application for leave to make a further written submission refused