The Scottish Government’s claim in court that it had not banned fracking has been described as "beyond humiliating" as two petrochemical companies argued that ministers did establish an “unlawful” ban.

A lawyer for Ineos, which runs the giant Grangemouth refinery complex, said that ministers had created a policy through public statements that would prevent a fracking industry from developing in Scotland.

Gerry Moynihan QC told the Court of Session, where two petrochemical firms are attempting to overturn the “ban”, that Paul Wheelhouse, the Energy Minister, used the phrase “effective ban” when he told MSPs in October that the government’s moratorium on the practice was being extended.

He added that a claim by the government’s QC on Wednesday that it was just stating its preferred position was wrong.

Urging Lord Pentland to rule in favour of his clients - the petrochemical companies Ineos and Reach CSG - Mr Moynihan argued that ministers had acted “unlawfully” by banning fracking under planning legislation.