Paton v Sarwar [2001] ScotCS 271 (23 November 2001)

Paton v Sarwar [2001] ScotCS 271 (23 November 2001)

The pursuer failed to aver any defamatory statement made by the defender relating to him; the suggested innuendo bears no possible relationship to the contents of the affidavit, which does not state or imply involvement in electoral fraud or illegality.

Citation
[2001] ScotCS 271
Parties
Pursuer: Peter Paton; Defender: Mohammed Sarwar
Jurisdiction
Scotland
Judgment Date
23 November 2001
Procedural Posture
Defamation / Reclaiming Motion (appeal) Against Dismissal at Debate
Outcome
Reclaiming motion refused; action dismissed as irrelevant.
Legal Topics
Defamatory Statements, Electoral Fraud, Pleadings, Innuendo
Tort Defamation Defamatory Statements Electoral Fraud Pleadings Innuendo

Case Brief

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Parties

Peter Paton

Pursuer

Mohammed Sarwar

Defender

Procedural Posture

Defamation / Reclaiming Motion (appeal) Against Dismissal at Debate

Legal Issues

  1. 1 Whether pursuer sufficiently averred a defamatory statement
  2. 2 Whether pleadings gave fair notice of the precise defamatory statement
  3. 3 Whether there was sufficient averment of publication

Ratio Decidendi

The pursuer failed to aver any defamatory statement made by the defender relating to him; the suggested innuendo bears no possible relationship to the contents of the affidavit, which does not state or imply involvement in electoral fraud or illegality.

Court Disposition

Reclaiming motion refused; action dismissed as irrelevant.

Orders

  • Action dismissed
  • No opportunity to amend pleadings as not necessary