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KC James Mure did warn that “on balance, the court is more likely than not to refuse the appeal” if judges decided to take a “broad approach”.

Mr Mure demanded ministers correct the “slightly false impression given by the original submissions”, and warned that this revelation also meant they were left with a “relatively weak case” in the appeal.

The legal advice from James Mure says that while it may have been standard practice, it was “somewhat unfortunate that more distance was not enforced” between the secretariat and the government.

James Mure KC, acting for the Scottish ministers, told the court that information gathered for the investigation had been held securely "on behalf" of Mr Hamilton.

Mure says this is true for her.