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Concerns were raised about the legal battle more than two months before the government conceded the case.
In a letter to the committee published on Tuesday, Mr Swinney said: “The documents confirm that, whilst reservations were raised about the judicial review following the identification of the issue of prior contact with the complainers in late October, there were good public policy arguments and reasonable grounds for the government to continue to defend the judicial review and to seek a determination from the court on the matters raised, until the events of late December 2018.”
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