My Former Acting First Minister has sent me this:
1. A "judge's opinion" is NOT Law.
I just got a reply to my FOI asking what proof the UK
government has that Shetland is part of Scotland. They quote 2
cases, the first of which contains no proof - just a judge's
unsupported opinion. The question was not tested in the courts
until I took it there. The other is my own case RBS v. Stuart
Hill!!!! This was the one where the pursuer failed to come up
with any argument (at which point I'd won, but nobody told me).
In the absence of an argument from the pusuer, Lord Pentland
constructed one on their behalf! His first duty was to hear
proof of jurisdiction, but he just treated it as an aside. I've
declared the decision void and the court has not rebutted.
Excuse my mirth.
Just waiting to see what the Scottish lot come up with.
2. An argument constructed by a Lord is (a) Still not Law, and (b)
Perverting the Course of Justice.
So ... it's still all down to The Word Of Brian.