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
Summary, issues, holding and outcome
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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)
Legal Issues
- 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 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
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