The Court of Session (Lords Cullen, Hamilton and Menzies) granted the Scottish Executive an extension of time on 9 June 2004 to appeal the decision in Napier v Scottish Ministers 2004 GWD 14-316 that the practice of ‘slopping out’ in certain Scottish prisons was ‘inhuman and degrading treatment’ contrary to Article 3 of the ECHR.  The usual deadline of 21 days from the date of the decision had been missed (see No 361).  Neil Brailsford QC for the Executive had explained, apparently at some length, that a senior clerk in the Lord Advocate’s Department had been tasked with lodging the papers on the day of the deadline, but had gone on a training course and asked her deputy to do it for her.  Her deputy had tried, but she did not have all the necessary documents with her, so court officials would not accept the submission. The clerk did not phone to arrange for the paperwork to be delivered, but also did not tell anyone else in the Executive what had happened.  The Court accepted that the failure was inadvertent, and that the appeal should be allowed to go ahead.