Wray v Associated Newspaper Ltd and Anor [2002] ScotCS 22 (23rd January, 2002)

Wray v Associated Newspaper Ltd and Anor [2002] ScotCS 22 (23rd January, 2002)

The defenders failed to prove, on a balance of probabilities and with sufficiently cogent evidence, the substantial truth of the defamatory allegations. The Lord Ordinary was entitled to reject Mrs. Wray's evidence as unreliable and to prefer the pursuer's denials. The appellate court found no error in the Lord Ordinary's assessment of credibility and declined to interfere with the award of damages.

Citation
[2002] ScotCS 22
Parties
Pursuer and Respondent: James Wray; Defenders and Reclaimers: Associated Newspapers Limited and Another
Jurisdiction
Scotland
Procedural Posture
Reclaiming Motion (appeal) in Defamation Action / Appeal From Interlocutor Awarding Damages for Defamation
Outcome
Reclaiming motion refused; interlocutor awarding damages to pursuer affirmed.
Legal Topics
Defamation—truth as Defence, Standard of Proof in Civil Cases, Assessment of Witness Credibility, Appellate Review of Fact Finding, Damages for Libel
Defamation Media Law Tort Law Civil Procedure Defamation—truth as Defence Standard of Proof in Civil Cases Assessment of Witness Credibility Appellate Review of Fact Finding +1 more

Case Brief

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Parties

James Wray

Pursuer and Respondent

Associated Newspapers Limited and Another

Defenders and Reclaimers

Procedural Posture

Reclaiming Motion (appeal) in Defamation Action / Appeal From Interlocutor Awarding Damages for Defamation

Legal Issues

  1. 1 Whether the defenders proved the substantial truth of defamatory allegations published about the pursuer
  2. 2 Whether the Lord Ordinary erred in assessing the credibility and reliability of key witnesses
  3. 3 Whether the appellate court should overturn the trial judge’s findings of fact

Ratio Decidendi

The defenders failed to prove, on a balance of probabilities and with sufficiently cogent evidence, the substantial truth of the defamatory allegations. The Lord Ordinary was entitled to reject Mrs. Wray's evidence as unreliable and to prefer the pursuer's denials. The appellate court found no error in the Lord Ordinary's assessment of credibility and declined to interfere with the award of damages.

Court Disposition

Reclaiming motion refused; interlocutor awarding damages to pursuer affirmed.

Orders

  • Damages of £60,000 to pursuer upheld
  • Defenders to pay expenses of the cause