Scottish Government wins court battle to block release of the 'Salmond files' as judges rule watchdog 'erred in law'

A three-judge Court of Session panel, led by Lord President Lord Pentland, ruled on Friday that Scottish Information Commissioner David Hamilton had applied the wrong legal test when ordering ministers to release documents from the Hamilton Inquiry into Nicola Sturgeon. The case stemmed from a freedom of information request submitted by student Benjamin Harrop, seeking material relating to the inquiry into whether Sturgeon had breached the ministerial code in her handling of harassment allegations against her predecessor.

The judges found that any disclosure carrying a 'real or substantial risk' of identifying Salmond's complainers would violate existing court orders.

Both of Hamilton's decision notices were quashed and remitted to him for reconsideration, although the judges rejected ministers' push for an even lower disclosure threshold.

Salmond was acquitted of all sexual assault charges in 2020 and died in 2024; the original government investigation into him was found to be 'tainted by apparent bias', entitling him to over £500,000 in legal costs.