Clinton v News Group Newspapers Ltd & Ors [1998] ScotCS 97 (10 December 1998)

Clinton v News Group Newspapers Ltd & Ors [1998] ScotCS 97 (10 December 1998)

A witness who volunteers statements of fact relevant to his credibility, in circumstances where his credibility is already in issue, may be cross-examined on the truth of those statements, including by reference to specific alleged instances, even if substantive evidence on those matters is otherwise inadmissible due to the state of the pleadings.

Citation
[1998] ScotCS 97
Parties
Pursuer: Annie Kerr Clinton; Pursuer: Father Noel Barry; Defender: News Group Newspapers Limited
Jurisdiction
Scotland
Judgment Date
10 December 1998
Procedural Posture
Civil (defamation) / Interlocutory Objection During Jury Trial
Outcome
Objection repelled; cross-examination permitted.
Legal Topics
Cross Examination, Witness Credibility, Admissibility of Evidence, Defamation—character in Issue
Defamation Evidence Cross Examination Witness Credibility Admissibility of Evidence Defamation—character in Issue

Case Brief

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Parties

Annie Kerr Clinton

Pursuer

Father Noel Barry

Pursuer

News Group Newspapers Limited

Defender

Procedural Posture

Civil (defamation) / Interlocutory Objection During Jury Trial

Legal Issues

  1. 1 Whether the defenders may cross-examine Father Noel Barry on alleged sexual relations with a third party, given the deletion of related averments from the pleadings and the absence of substantive evidence on that line.

Ratio Decidendi

A witness who volunteers statements of fact relevant to his credibility, in circumstances where his credibility is already in issue, may be cross-examined on the truth of those statements, including by reference to specific alleged instances, even if substantive evidence on those matters is otherwise inadmissible due to the state of the pleadings.

Court Disposition

Objection repelled; cross-examination permitted.

Orders

  • The objection to the proposed line of cross-examination is repelled.
  • The defenders are permitted to cross-examine Father Noel Barry on the alleged sexual relationship with Caroline Keegans.