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Jo Swinson wins 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 has succeeded in her bid to stop an SNP leaflet which accuses her of accepting a £14,000 donation from "a fracking company". | |
Ms Swinson asked the Court of Session in Edinburgh to stop the Royal Mail from distributing the leaflet in her 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. |
The SNP's QC had argued there was no "substantial untruth" in the leaflet. | The SNP's QC had argued there was no "substantial untruth" in the leaflet. |
But Lord Pentland said a statement on the leaflet was false in substance, materially inaccurate and defamatory. | |
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 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." |
Ruling in favour of Ms Swinson, Lord Pentland ordered the SNP and its candidate Amy Callaghan to pay Ms Swinson's costs. | |
The SNP's legal team is considering an appeal. | The SNP's legal team is considering an appeal. |
'No substantial untruth' | 'No substantial untruth' |
In the leaflet, Ms Swinson's Nationalist rival Ms Callaghan claimed the Lib Dem politician was a hypocrite because she accepted a £14,000 donation from a "fracking company". | |
However, lawyers acting for Ms Swinson claimed the statement was defamatory. | |
They also sought an order from judge Lord Pentland which would stop the Royal Mail from distributing the leaflet. | |
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. | 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, and that 80% of the company's output came from renewable energy sources. | |
He said: "It does have a fracking licence but it doesn't engage in shale gas fracking." | |
Mr Dunlop added: "We are in the midst of a general election. It is unlawful for there to be made a false statement of fact in relation to the personal character or conduct of a character." | |
The leaflets were due to be distributed by the end of this week - just before the deadline for postal votes to be cast. | |
The court heard that a number of them had already been distributed. | |
'Urgent' appeal | |
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 claims contained in the leaflet did not meet the legal test for defamation, he added. | |
He said the hypocrite remark was justified given Ms Swinson's past public statements in which she said she supported pro-environment government policies. | |
He added: "The allegation is not one regarding personal conduct or character. It is of her policies. | |
"The complaint is about her priorities; her record." | |
Following Lord Pentland's decision, Mr Mitchell said his clients would consider launching an appeal as a matter of "urgency". | |
He said this was because voters in East Dunbartonshire casting postal votes would do so without receiving an electoral communication from the SNP. |