Lord Brodie has confirmed his decision not to allow a further appeal to the Court of Session from the Sheriff Appeal Court's decision refusing the appeal by Explore Learning Ltd. The Care Inspectorate, represented by David Logan, had cancelled the registration of several tutorial services provided by the appellants in Sainsburys Supermarkets. They had done this on the basis that the principal purpose of the service was education, not the day care of children.

The decision of Lord Brodie is of interest for two reasons. Firstly, he confirms that in considering whether to grant leave to appeal it is proper for the Court to make an assessment of the prospects of the appeal. If the appeal is thought to have poor prospects that is a reason for the Court exercising its discretion not to allow the appeal to proceed. Lord Brodie emphasises that even when the statutory criteria are met the Court still has a discretion as to whether or not leave should be allowed.

The second observation of more general interest is in relation to the interpretation of the statute. Lord Brodie said in that context: "Additionally, I would not consider this appeal to "raise" an important point of principle or practice. What is in issue is the interpretation and application of a statutory provision. The SAC has determined the correct interpretation."

Taken together both of these principles will make appeals to the Court of Session from the SAC more difficult.