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Legal challenge to Minimum Alcohol Pricing: FOI release

Published
2017-12-19
Received
Responded
Directorate
Population Health Directorate
Topic
Health and social care, Public sector
Exemptions
None detected

Information requested

What was the cost to the public purse for the SWA to challenge MUP? All court fees attributed to SG, how of the finance was taken directly from the public purse. Any SG fees that SWA had to cover as a result of losing the case.

Response

I enclose a copy of the information you requested.

In relation to the Scotch Whisky Association's and others' legal challenge to the Alcohol (Minimum Pricing) (Scotland) Act 2012, the legal outlays incurred by the Scottish Government during the court processes currently amount to £495,640 although this is not the final figure as some costs are still to be billed. These outlays were paid directly out of the Scottish Government Alcohol Policy Budget. The costs are detailed in the attached annex. They include costs for Senior Counsel (QC), Junior Counsel (advocate) and miscellaneous costs, including court fees. There were no external costs for solicitors' firms as any other legal work relating to the passage of the Alcohol (Minimum Pricing) (Scotland) Act 2012 was carried out by civil servants and there is no business need to record the time or cost of civil servants in completing their normal business duties. The Scottish Government is seeking to recover costs through the standard legal recovery process.

Annex

Legal outlays to date for minimum unit pricing policy Senior Counsel Junior Counsel Miscellaneous Total £ £ £ £ 2012-13 135,025 38,952 2,481 176,458 2013-14 48,300 31,338 - 79,638 2014-15 49,000 3,792 11,106 63,898 2015-16 44,400 5,508 1,116 51,024 2016-17 47,500 5,220 10,922 63,642 2017-18 50,000 10,140 840 60,980 Total 374,225 94,950 26,465 495,640

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