McCue v (First) Scottish Daily Record & Ors [2000] ScotCS 236 (25 August 2000)

McCue v (First) Scottish Daily Record & Ors [2000] ScotCS 236 (25 August 2000)

The article, as read by a reasonable member of the ordinary readership, did not impute criminal conduct to the pursuer nor imply that he was involved in or had connived at criminal activity. There was no defamatory innuendo against the pursuer.

Citation
[2000] ScotCS 236
Parties
Pursuer: John McCue; First Defender: Scottish Daily Record & Sunday Mail Limited; Second Defender: Norman Silvester
Jurisdiction
Scotland
Judgment Date
25 August 2000
Procedural Posture
Civil Defamation / Judgment After Proof (trial)
Outcome
Action dismissed; decree of absolvitor pronounced in favour of defenders.
Legal Topics
Innuendo in Defamation, Liability for Defamatory Implication, Journalistic Error, Reputation and Injury to Feelings

Case Brief

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Parties

John McCue

Pursuer

Scottish Daily Record & Sunday Mail Limited

First Defender

Norman Silvester

Second Defender

Procedural Posture

Civil Defamation / Judgment After Proof (trial)

  1. 1 Whether the article published by the Sunday Mail bore an innuendo that the pursuer was involved in criminal activity or had connived at it
  2. 2 Whether the article was defamatory of the pursuer

Ratio Decidendi

The article, as read by a reasonable member of the ordinary readership, did not impute criminal conduct to the pursuer nor imply that he was involved in or had connived at criminal activity. There was no defamatory innuendo against the pursuer.

Court Disposition

Action dismissed; decree of absolvitor pronounced in favour of defenders.

Orders

  • Sustain third plea-in-law for defenders
  • Repel pleas-in-law for pursuer