Former Scotland Secretary Alistair Carmichael loses bid to recover legal expenses in suit for blatantly lying on TV

Former Scotland Secretary Alistair Carmichael may have dodged a bullet to his political career based on strict legal technicality. However, he is still left to face the legal bills for battling the suit.

Four constituents brought the electoral action against Carmichael under Representation of the People Act of 1983 according to Daily Mail. Petitioners contend that Carmichael mislead the voters by lying about his knowledge of the leaked Nicola Sturgeon memo. They said that this also reflects to his character as a person and as a representative. In response, Carmichael's camp slammed the suit and called it "politically motivated" given that his is the only Member Liberal Democrat in the parliament.

Meanwhile, Scottish Nationalist Party said that while Carmichael survived the purported ousting but it is doubtful if he will survive the effects of a tarnished reputation, Independent reported.  

As to who should bear the expenses of the legal battle, BBC reported that a hearing has been conducted in Edinburg for that purpose. In the same hearing, Carmichael's counsel argued that if the challenge of the opposing party has been granted, it would be inconceivable for them not to seek reimbursement for expenses against the respondent. In other words, he said that since the suit by the opposing party has been scrapped in favor of his client, the losing party must then bear Carmichael's legal fees for burdening him with the suit.

In response, petitioner's counsel contend that the case raised issues of national interest and were successful in arguing several points.

Lady Paton and Lord Matthews ruled that the court considers the case a "divided success" and accordingly, they find that no expenses is due to either parties. Given that Carmichael allegedly told a blatant lie on television about the leaked Nicola Sturgeon memo, the court ruled that he shall not be entitled to any compensatory relief.

As to whether or not the issue raised is enough to kick him out of the parliament, the Judges disagreed and said that the former Secretary did not commit an "illegal practice." Lady Paton said that she was not persuaded that the lie amounted to political machination.

Tags

Nicola Sturgeon, Election Case, Scottish National Party, scottish liberal democtrats, Alistair Carmichael

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