QUDOS LEISURE LIMITED v. THE ADVOCATE GENERAL FOR SCOTLAND

QUDOS LEISURE LIMITED, a Company incorporated under the Companies Acts and having its registered office at Unit 1A City Quay, Camperdown Street Dundee

The Rt.Honourable The Lord Davidson of Glenclova, The Advocate General for Scotland , the Office of the Solicitor General for Scotland Victoria Quay Edinburgh EH6 6QQ, representing the UK Border Agency, an Executive Agency of the Home Office

The Sheriff, having resumed consideration of the cause; sustains the Third and Fourth Pleas in law of the Defender and Respondent, repels the Pursuers and Appellants Pleas and dismisses the Application; Finds the Pursuers and Appellants liable to the Defender in the expenses of the action and allows an Account thereof to be given in and remits the same when lodged to the Auditor of Court to tax and report; certifies the cause as suitable for the employment of counsel.

In this Summary Application the pursuers and appellants sought to establish that a civil penalty imposed under the Immigration, Asylum and Nationality Act 2006 (the "Act") should be quashed or cancelled in terms of Section 17(2) (a) or alternatively reduced in amount in terms of Section 17(2) (b) of the said Act. The relevant provisions of the Act provide, in simple terms, that an employer of a worker who does not have the legal right to work in the UK may be liable to a civil penalty or commit a criminal offence. This is set out in Section 15 of the Act which states:

(1) It is contrary to this section to employ an adult subject to immigration control if : (a) he has not been granted leave to enter or remain in the United Kingdom or