Hannah v Scottish Daily Record & Sunday Mail Ltd [1999] ScotCS 281 (26 November 1999)

The court held that the article did not imply that the pursuer had sex with a prostitute, and thus that averment was excluded from probation. The other alleged defamatory imputations were sufficiently supported by the article and fit to go to a jury.

Citation: [1999] ScotCS 281
Parties: Pursuer: David Hannah; Defenders: Scottish Daily Record and Sunday Mail Limited
Jurisdiction: Scotland
Judgment Date: 26 November 1999
Procedural Posture: Defamation Action / Preliminary Pleas on Relevancy of Summons and Defences
Outcome: Averment regarding sex with a prostitute excluded from probation; other averments allowed to go to jury; pleas-in-law for both parties repelled by consent; issues allowed.
Legal Topics: Defamatory Imputations, Pleading Relevancy, Innuendo, Exclusion From Probation

Defamation Media Law Defamatory Imputations Pleading Relevancy Innuendo Exclusion From Probation

Case Brief

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Parties

David Hannah

Pursuer

Scottish Daily Record and Sunday Mail Limited

Defenders

Procedural Posture

Defamation Action / Preliminary Pleas on Relevancy of Summons and Defences

Legal Issues

1 Whether certain alleged defamatory imputations are relevant and capable of being construed as defamatory
2 Whether the article implied the pursuer had sex with a prostitute

Ratio Decidendi

Court Disposition

Averment regarding sex with a prostitute excluded from probation; other averments allowed to go to jury; pleas-in-law for both parties repelled by consent; issues allowed.

Orders

Excluded from probation the pursuer's averment at p.10C of the Closed Record
Repelled first and second pleas-in-law for the pursuer