,
4 tweets,
1 min read
Read on Twitter
5th: the CoS isn't in general a more interventionist court than its English oppo; but it can take a different line on matters of legal principle. In Eba v AG, bailii.org/uk/cases/UKSC/…, UKSC had to grapple with differences of approach in the national courts 
6th: and UKSC will give no 'primacy' to either legal system but will treat them as of equal status, as they are.
7th: In this respect, HMG missed several tricks, perhaps irredeemably, by treating the CoS process with barely-veiled contempt; most obviously on the production of the documents which ultimately gave the game away.
8th: on the legal merits, there is nothing v surprising to me (or other Scots lawyers in this field I've talked to)in the CoS decision to look behind the bland statement from HMG that its motives cannot be questioned. This was not totally unexpected.
