Tory bid for injunction over Labour campaign advert in Tamworth fails

Andrew Cooper had sought an injunction over a Labour advert on social media

The Conservative candidate in the Tamworth by-election failed in a High Court bid to get an injunction against a Labour campaign advert.

Candidate Andrew Cooper tried to block an online advert which suggested he would be replaced in the general election, with a pay off, if he won.

During proceedings Labour said they had taken the advert down, although the judge said he would not have backed the Conservative case.

The election is being held on Thursday.

It follows the resignation of former Conservative MP Chris Pincher.

The Labour campaign advert drew attention to the fact that Eddie Hughes, the sitting MP for Walsall North, had previously been selected to contest Tamworth at the coming general election.

When a by-election was triggered, Mr Hughes was then replaced as the candidate by Mr Cooper.

The Labour advert showed the pair sitting together, with speech bubbles portraying Mr Hughes telling Mr Cooper to "just keep the seat warm," alongside a claim that Mr Cooper would then receive a £20,000 "taxpayer funded pay off" if he stood down at the general election.

The advert was placed on Facebook and Instagram by the West Midlands Labour Party on 24 September and remained online for several days.

The Conservatives sought an interim injunction at the High Court "restraining any republication of the advert or anything of a similar character".

Mr Justice Jay said he agreed with the Conservatives' arguments that the claim made in the advert was "prima facie false".

Labour's lawyers said the advert should be treated as making "statements of opinion and not of fact" - though the judge disagreed with this.

But Mr Justice Jay said the advert did not clear the legal bar for an injunction preventing its republication because it did not make serious allegations about Mr Cooper's personal character.

The candidates standing to become Tamworth's MP