A judge has rejected a UK Government bid to prevent details of European opinions on the SNP's flagship minimum alcohol legislation being revealed in open court as the whisky industry challenges the measure.

The Scotch Whisky Association (SWA) opposed the move and Lord Doherty was referred to a newspaper report that the EU did not believe the policy was compliant with treaty articles.

The judge said he was of the view that, given the information already in the public domain and the apparent willingness of the Commission to discuss the matter, the motion should be refused.

Ailsa Carmichael, QC, for the Advocate General Lord Wallace of Tankerness, sought leave to appeal the decision but the issue was continued overnight.

Lord Doherty still has to deal with a further motion made by the Scottish Government seeking to postpone a six-day judicial review set down for the Court of Session in Edinburgh to hear the industry challenge to the legislation.

The SWA is seeking to have the Alcohol (Minimum Pricing) Scotland Act set aside.

It maintains the act, which will introduce 50p a unit pricing on alcohol, is outside the competence of Holyrood because it relates to matters reserved for Westminster. It also claims it would modify articles of the 1707 Act of Union between England and Scotland relating to freedom of trade and is incompatible with European Union law.