Question to the Attorney General:

To ask the Attorney General, pursuant to the Answer of 28 January 2021 to Question 143130, what the total legal costs were in the (a) Scottish Courts and (b) Supreme Court in respect of litigation relating to the prorogation of Parliament in 2019.

The Government defended a petition for Judicial Review in relation to the prorogation of Parliament in 2019 raised by Joanna Cherry QC MP and others in (1) the Outer House in the Court of Session, (2) the Inner House of the Court of Session, and (3) the Supreme Court where it was joined with R (on the application of Miller) (Appellant) v The Prime Minister (Respondent).

The Office of the Advocate General and Government Legal Department have determined that the total legal costs incurred by the Government in relation to the Cherry litigation in the Outer and Inner Houses of the Court of Session was £83,715 (net of VAT). The total legal costs incurred by the Government in the Supreme Court in relation to Cherry was £83,715 (net of VAT), and in relation to Miller was £142,590. These figures include Counsel fees, Government Legal Department litigator costs and court dues.

The Government also incurred £30,000 in adverse costs in relation to the Cherry proceedings. It is not possible to attribute these costs between proceedings in the different courts.