UK: Minimum pricing legal case delayed until January

The Scotch Whisky Association's (SWA) legal bid to block minimum pricing has been delayed until next year after a request by the Scottish government. 

A judicial review, launched by the SWA, the European Spirits Organisation and European Wine Committee, began its preliminary stages at Edinburgh's Court of Session on Tuesday (23 October). The hearing was due to last six days.

But yesterday (24 October) the judge, Lord Doherty, accepted a request from the Scottish government to delay the hearing until January. 

A Government spokesperson told just-drinks that the reason for its request was because "detailed technical reports running to over 200 pages" were "provided by the petitioners (SWA) just one week before the hearing date, giving Scottish ministers insufficient notice to respond". 

"We regret that the SWA did not advise us that these reports were being commissioned," the spokesperson added. 

However, Gavin Hewitt, the SWA's chief executive, said that all the group's evidence had been submitted in the agreed timetable with the Scottish and UK governments, and that the SWA was "surprised" at the request.

"We are disappointed the Scottish government was not ready to argue its case," he added. "We were fully prepared and look forward to putting our points across in January." 

Meanwhile, a bid by the UK government to stop details of the European Commission's opinion being revealed in open court was rejected by the judge. Hewitt said: "It’s vital that the public are fully aware of the commission’s opinion that minimum pricing is contrary to the free movement of goods in the European Union.”

The SWA has also lodged a separate complaint with the European Commission and a number of other EU countries have also made submissions to the EC about minimum pricing. The EC consultation period on minimum pricing is due to end on 26 December.