Terra Firma Chambers Philip Simpson QC successfully represented the Advocate General in a Supreme Court challenge by the Scotch Whisky Association (SWA) against the Scottish Government’s Alcohol (Minimum Pricing) (Scotland) Act 2012.  The appellants presented a petition for judicial review challenging the lawfulness of the Act and arguing that minimum unit pricing is disproportionate under EU law.

The Supreme Court upheld the decision of the Inner House, unanimously dismissing the appeal.  The judgement found that the 2012 Act does not breach EU law and that minimum pricing is a proportionate means of achieving a legitimate aim. Scottish Ministers are now expected to make Scotland the first country in the world to establish a minimum price per unit of alcohol, possibly early next year.

Philip said: ‘This is an important decision in that it confirms that where a national legislative measure is challenged on the basis that it breaches a fundamental freedom of EU law, a court deciding the question of proportionality must ask whether it was reasonable for the national legislature to conclude that (i) the measure being challenged was suitable to achieve the end pursued, and (ii) there was no less restrictive measure available.

Important in the present case were the uncertainty of how manufacturers, wholesalers and retailers would react to the provision, the requirement for its effects to be assessed after five years, and the fact that, following that assessment, the provision would automatically terminate after six years unless renewed by the Scottish Parliament within that time.’

The full judgement can be found here.