News
4 November, 2026
Success in the Inner House for Ampersand’s Paul Reid KC
Ampersand’s Paul Reid KC, leading David Welsh, represented the Scottish Ministers in a successful appeal against decisions of the Scottish Information Commissioner. Counsel were instructed by the Scottish Government Legal Directorate.
The decisions concerned freedom of information requests for material given to the James Hamilton investigation, which examined whether Nicola Sturgeon had breached the Scottish Ministerial Code in relation to meetings involving Alex Salmond.
The First Division agreed that the Commissioner had set the bar too high when weighing the risk that disclosure could identify a protected individual. Publication does not have to confirm someone’s identity outright. The court held that the test is whether it would give rise to a real or substantial risk of that person being identified.
The ruling will be an important reference point wherever freedom of information duties meet contempt of court and the risk of “jigsaw identification”.
The full Opinion of the court, delivered by the Lord President, can be accessed here.