Moffat v West Highland Publishing Co Ltd [1999] ScotCS 235 (11 October 1999)

Moffat v West Highland Publishing Co Ltd [1999] ScotCS 235 (11 October 1999)

In the context of the article, the words 'in-house bully' are not capable of bearing the defamatory meaning alleged by the pursuer, as they do not attack his private character or business reputation, nor are they reasonably so understood by a fair-minded reader.

Citation
[1999] ScotCS 235
Parties
Pursuer: Alistair Murray Moffat; Defender: West Highland Publishing Company Limited
Jurisdiction
Scotland
Judgment Date
11 October 1999
Procedural Posture
Defamation Action / Opinion on Relevancy and Dismissal
Outcome
Action dismissed
Legal Topics
Defamatory Meaning, Contextual Interpretation, Satire and Lampooning, Public Figure Standard
Defamation Media Law Defamatory Meaning Contextual Interpretation Satire and Lampooning Public Figure Standard

Case Brief

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Parties

Alistair Murray Moffat

Pursuer

West Highland Publishing Company Limited

Defender

Procedural Posture

Defamation Action / Opinion on Relevancy and Dismissal

Legal Issues

  1. 1 Whether the words 'in-house bully' in the context of the article are capable of bearing a defamatory meaning about the pursuer
  2. 2 Whether the article attacks the pursuer's private character or business reputation

Ratio Decidendi

In the context of the article, the words 'in-house bully' are not capable of bearing the defamatory meaning alleged by the pursuer, as they do not attack his private character or business reputation, nor are they reasonably so understood by a fair-minded reader.

Court Disposition

Action dismissed

Orders

  • Sustained first plea-in-law for the defenders
  • Dismissed the action