A FORMER Scottish Conservative candidate is taking legal action against the party over claims she should be their new MEP, it has emerged.
The row is the result of Ian Duncan standing down from the European Parliament after being given a peerage and a ministerial role in the Scotland Office.
MEPs are selected from party lists, with Belinda Don the first candidate in line to replace Duncan.
But it is thought the Tories instead want Iain McGill, the fifth candidate on their list, to become their MEP.
The Scottish Conservatives confirmed to BBC Scotland that a writ is being served on them.
Don, from Edinburgh, served as an adviser and parliamentary assistant to former Tory MEP Struan Stevenson for 12 years.
It was reported at the time that Stevenson wanted Don to be first on the list to replace him when he retired ahead of the 2014 European election.
But Don ended up as the second-placed candidate, with Duncan being elected as the party's sole Scottish MEP.
It was also said that Don had opposed Ruth Davidson becoming the leader of the Scottish Conservatives in 2011.
Duncan has now been given a place in the House of Lords in order to serve as deputy to Scottish Secretary David Mundell, after his predecessor Lord Dunlop stood down after the general election.
In a similar case last year, former Olympic rower Alex Story failed in a legal bid to become the Conservative MEP for Yorkshire and the Humber after the party's previous MEP, Timothy Kirkhope, was sent to the House of Lords.
Story had been the second-placed candidate on the list, but the job was given to third-placed John Procter.
The Conservatives argued that they were free to select whichever candidate they wanted to replace an MEP who stands down.
A High Court judge decided not to give Story an injunction which could have led to a judicial review of the case.
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