The Scottish Information Commissioner has asked the UK Supreme Court for permission to challenge a ruling over documents connected to an investigation into Nicola Sturgeon’s handling of complaints about Alex Salmond. The dispute matters because it could shape how far freedom of information law can require governments to release material protected by legal professional privilege.

David Hamilton argues that the Court of Session gave legally privileged information greater protection than intended under Scotland’s FOI Act, weakening public-interest tests for disclosure. The Scottish Government had released some material but withheld other evidence from James Hamilton KC’s 2021 inquiry, which cleared Ms Sturgeon of breaching the ministerial code; it declined to comment because litigation is ongoing.