Donors to an SNP online fundraiser for a Scottish independence referendum campaign that never materialised could be entitled to double their money back, according to a leading lawyer. Roddy Dunlop KC, dean of the Faculty of Advocates, argues that those who contributed in 2017 and 2019 may reclaim the original amount plus interest, following an admission by First Minister John Swinney that the funds were spent on the party's ongoing activities.
Legal opinion on trust breach
In a legal opinion commissioned by the Wings Over Scotland website, Dunlop stated: "The donations created a trust; the trust was deliberately and dishonestly breached; the donors retain a radical beneficial interest in the diverted funds and are entitled to repayment together with damages for the fraudulent breach." He referenced Swinney's public confirmation on or about June 3, 2026, that the ring-fenced referendum funds had been applied to "the ongoing activities of the Scottish National Party," calling it an unequivocal admission of diversion.
Dunlop added: "This would be significant. Compound interest at eight per cent on payments made in March 2017 would mean a total interest rate of almost 100 per cent: i.e., for a payment of £1,000 paid then, £2,000 would now be repayable." The KC said donors could claim all their money back plus interest, potentially doubling their original donation.
Background of the fundraiser
Senior SNP figures repeatedly claimed the cash raised would be used for an IndyRef2 campaign, which ultimately never took place. Swinney admitted the party had spent the more than £660,000 raised in two separate online fundraisers on "ongoing activities" and towards "independence objectives." This admission has sparked legal action from donors.
Stuart Campbell, who runs Wings Over Scotland, previously published a draft summons prepared by legal firm Halliday Campbell on behalf of a group of donors demanding repayment. Activist Sean Clerkin, whose complaint to Police Scotland regarding the donations triggered Operation Branchform, is now urging all donors to join Campbell's action.
Calls for collective action
Clerkin told the Record: "I have messaged and spoke to all 15 donors, who gave donations to the ring fenced independence referendum campaign funds, urging them to join the group civil claim being organised by the Stuart Campbell of Wings Over Scotland. It only makes sense to have one group proceedings action to get their money back and compensation for fraudulent breach of trust." He added: "It is clear that John Swinney and other leading members of this leadership cabal of the SNP have clearly misled thousands of donors and I would urge as many of them as possible to join this civil action."
Campbell posted the eight-page legal opinion and said he is seeking more donors who "aren't happy that your money was misappropriated."
SNP response
A spokeswoman for the SNP said: "These were issues which were fully explored during the course of the forensic police investigation - and which resulted in no action taken against the SNP. In the course of this complex and extensive police investigation, the criminal actions of Peter Murrell were uncovered and the SNP was found to be the victim of embezzlement. A small number of donors to this independence campaign requested refunds and all those making a legitimate request received a full refund. Anyone else who donated and wishes their money back can request a refund by contacting the SNP."
