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Jonathan Mitchell KC Profile picture
Jonathan Mitchell KC
@jjmitchell
Retired from practice as an advocate at the Scottish bar . Embra born and by nature. Also makes pretty good ice cream.
Sep 19, 2023 • 5 tweets • 2 min read
And it's also frustrating that Scottish courts have been dodging the open justice issue by ignoring it. The UKSC said this in 2019 🧵(): bailii.org/uk/cases/UKSC/…

Image This should, the UKSC said (final paragraph) be considered in each country of the UK- thus in Scotland by the Scottish Civil Justice Council (). But that just hasn't happened; the issue has not been discussed by SCJC and the courts stay paralysed (2/4) scottishciviljusticecouncil.gov.uk
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Sep 9, 2020 • 7 tweets • 3 min read
Very hard to understand how Lord Keen can stay in place as Advocate General after today and retain any respect; he's (rightly) been quite clear that it's his core job to defend the rule of law, which HMG now rejects. Here's a series of quotes from him: 1/5 As he rightly says, the core duty of all the law officers of the Crown is to 'ensure the Government acts lawfully at all times'; not just when government feels like it 2/5
Jun 8, 2020 • 7 tweets • 2 min read
This is one of the statues Lord Rosebery had in mind when he said in 1896 that if they 'were to hurry headlong… into the deepest part of the Firth of Forth, art would have sustained no serious loss'. Everything about it, and about Melville, is clouded with scandal (1:7) Melville has two statues in Edinburgh (the other is in Parliament Hall); as many as there are memorials of any kind to slaves in the city- more of one of them later in this thread. This seems excessive. But they were built as acts of party political domination; not as art. (2:7)
Sep 24, 2019 • 11 tweets • 4 min read
Thread: 1. The next Court of Session action against the PM is one challenging his declared refusal to abide by the law and sign a letter to EU seeking an A50 extension under the European Union (Withdrawal) (No 2) Act 2019; failing miracles, he's bound to do this by 19 October 2. You can read the background here goodlawproject.org/rule-law-not-t… and the petition is available here dropbox.com/s/ml1e5etv6utt…
Sep 11, 2019 • 4 tweets • 1 min read
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.