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Jo Swinson in court bid to stop SNP 'fracking' leaflet Jo Swinson wins court bid to stop SNP 'fracking' leaflet
(32 minutes later)
Lib Dem leader Jo Swinson is taking court action over an SNP leaflet which accuses her of accepting a £14,000 donation from "a fracking company". Lib Dem leader Jo Swinson has won her court case over an SNP leaflet which accuses her of accepting a £14,000 donation from "a fracking company".
Ms Swinson is asking the Court of Session to stop the Royal Mail from distributing the leaflet in the East Dunbartonshire constituency. Ms Swinson asked the Court of Session in Edinburgh to stop the Royal Mail from distributing the leaflet in her East Dunbartonshire constituency.
Roddy Dunlop QC said it accused her of hypocrisy, was defamatory and "a lie." The SNP's QC had argued there was no "substantial untruth" in the leaflet.
But the SNP's QC told the court there was no "substantial untruth" in the leaflet. Lord Pentland said a statement on the leaflet was false in substance, materially inaccurate and defamatory.
Representing Ms Swinson, Mr Dunlop reminded the court the general election campaign was under way. He said: "I don't consider it would be right for an official election leaflet which contains a prima facie defamatory statement to be distributed by the Royal Mail."
He added: "It's unlawful for there to be made a false statement of fact in relation to the personal character or conduct of a candidate." Lord Pentland ordered the party and its candidate Amy Callaghan to pay Ms Swinson's costs.
The SNP's legal team is considering an appeal.
'No substantial untruth''No substantial untruth'
Mr Dunlop said a director of Warwick Energy, a renewable energy company which holds licences for fracking, had made the £14,000 donation in a personal capacity to Ms Swinson's constituency office. Roddy Dunlop QC told the court earlier that a director of Warwick Energy, a renewable energy company which holds licences for fracking, had made the £14,000 donation in a personal capacity to Ms Swinson's constituency office.
The QC said the donation had not been made to Ms Swinson personally and had not come from a fracking company.The QC said the donation had not been made to Ms Swinson personally and had not come from a fracking company.
He added: "It does have a fracking licence but it doesn't engage in shale gas fracking."He added: "It does have a fracking licence but it doesn't engage in shale gas fracking."
For the SNP, Jonathan Mitchell QC said there was no "substantial untruth" in the leaflet. He said the money was from a "fracking source."For the SNP, Jonathan Mitchell QC said there was no "substantial untruth" in the leaflet. He said the money was from a "fracking source."
He added: "These are allegations, disgraceful allegations, made against her which have been out in the public domain since June.He added: "These are allegations, disgraceful allegations, made against her which have been out in the public domain since June.
"The criticism is of her voting record and her connection to frackers."The criticism is of her voting record and her connection to frackers.
"There is no substantial falseness in any of this.""There is no substantial falseness in any of this."
The hearing before Lord Pentland continues.