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SNP fails in BBC debate court bid SNP fails in BBC debate court bid
(10 minutes later)
An attempt by the Scottish National Party to use the courts to ban the broadcast in Scotland of Thursday's BBC TV prime ministerial debate has failed.An attempt by the Scottish National Party to use the courts to ban the broadcast in Scotland of Thursday's BBC TV prime ministerial debate has failed.
The party asked the Court of Session in Edinburgh to rule on whether the corporation had breached its rules on impartiality by excluding the SNP.The party asked the Court of Session in Edinburgh to rule on whether the corporation had breached its rules on impartiality by excluding the SNP.
But this was dismissed by the judge, Lady Smith, after a two-day hearing.But this was dismissed by the judge, Lady Smith, after a two-day hearing.
If the SNP had succeeded the BBC warned the debate may not have been able to go ahead due to technical difficulties. The SNP's deputy leader Nicola Sturgeon said the party was "disappointed" with the decision of the court.
Thursday's debate in Birmingham will feature Gordon Brown, David Cameron and Nick Clegg.Thursday's debate in Birmingham will feature Gordon Brown, David Cameron and Nick Clegg.
It is the third and final debate featuring the leaders of Labour, the Conservatives and the Liberal Democrats.It is the third and final debate featuring the leaders of Labour, the Conservatives and the Liberal Democrats.
The SNP's deputy leader Nicola Sturgeon said the party was "disappointed" with the decision of the court. The court papers stated that the SNP was seeking an interim interdict against the BBC broadcasting the leaders' debate in Scotland if it did not feature the SNP.
We will now take our case to the court of public opinion. Nicola SturgeonSNP His use of the legal process, for what has been no more than a £50,000 SNP campaign stunt, is desperate stuff David McLetchieScottish Conservatives
She said: "We are disappointed that the debate on Thursday night will go ahead without any substantial participation from the SNP. Speaking outside the court, Ms Sturgeon said: "We are disappointed that the debate on Thursday night will go ahead without any substantial participation from the SNP.
"We believe it is wrong and unfair and all the points we have made until now still stand."We believe it is wrong and unfair and all the points we have made until now still stand.
"We were simply asking for a fair hearing."We were simply asking for a fair hearing.
"We will now take our case to the court of public opinion.""We will now take our case to the court of public opinion."
The SNP raised £50,000 to pay for the legal process.The SNP raised £50,000 to pay for the legal process.
Welsh Nationalists Plaid Cymru said they supported the legal action.
The court papers stated that the SNP was seeking an interim interdict against the BBC broadcasting the leaders' debate in Scotland if it did not feature the SNP.
It said it was not trying to stop the broadcast but that the inclusion of an SNP politician was "a simple argument for fairness".It said it was not trying to stop the broadcast but that the inclusion of an SNP politician was "a simple argument for fairness".
Maximum coverage
The BBC's lawyer Gerry Moynihan QC said it was "completely contrary" to the public interest.The BBC's lawyer Gerry Moynihan QC said it was "completely contrary" to the public interest.
He argued that the SNP had failed to take into account that, as well as being shown on BBC One, the debate will also be broadcast on the radio, the internet and Sky.He argued that the SNP had failed to take into account that, as well as being shown on BBC One, the debate will also be broadcast on the radio, the internet and Sky.
The QC told the court the Nationalists had a "considerable problem" in relation to the timing of the action, claiming they had "stood idly by" when the two earlier debates were held.The QC told the court the Nationalists had a "considerable problem" in relation to the timing of the action, claiming they had "stood idly by" when the two earlier debates were held.
Earlier, SNP leader Alex Salmond said: "I think this has been one of the blackest periods in the BBC's history." The SNP planned to distribute one million leaflets which display a BBC test card transmission saying: "Except for viewers in Scotland."
The SNP plan to distribute one million leaflets which display a BBC test card transmission saying: "Except for viewers in Scotland." Scottish Tory campaign manager David McLetchie said: "The SNP knew the UK leaders' debates would get significant press coverage but Alex Salmond waited till now to go to court to ensure maximum coverage during the campaign.
"His use of the legal process, for what has been no more than a £50,000 SNP campaign stunt, is desperate stuff. The ruling just proves this point."