The Government’s proposal to create a Supreme Court might have been expected to open up a debate on the extent to which Scottish appeals should be allowed to proceed ‘to London’. Instead, that issue has been sidestepped and the consultation paper presupposes that the new Supreme Court will assume the existing jurisdiction of the Appellate Committee (and probably also that of the Judicial Committee) in Scottish cases. This article argues that this approach is a mistake, and that the jurisdiction of the Supreme Court over Scottish cases should be limited to those cases which are of UK-wide importance. Such cases could be properly identified through a requirement of leave to appeal, which is not a general feature of Scottish appeals to the House of Lords at present.
|Number of pages||26|
|Journal||Edinburgh Law Review|
|Publication status||Published - 2004|