Massie v McCaig & Ors [2013] ScotCS CSIH_37 (21 March 2013)

Massie v McCaig & Ors [2013] ScotCS CSIH_37 (21 March 2013)

The interlocutor recalling the interim interdict is interlocutory in both form and substance; leave to appeal is required and is refused as the case does not raise an issue of law of general or public importance and the merits have not been finally determined.

Citation
[2013] ScotCS CSIH_37
Parties
Pursuer and Respondent: Alan Massie; Defenders and Reclaimers: Callum McCaig & Others
Jurisdiction
Scotland
Judgment Date
21 March 2013
Procedural Posture
Application for Leave to Appeal / Post Interlocutory Judgment, Application for Leave to Appeal to Supreme Court
Outcome
Leave to appeal refused
Legal Topics
Leave to Appeal, Interim Interdict, Fair Comment Defence, Qualified Privilege, Human Rights Act Section 12(3)
Civil Procedure Defamation Leave to Appeal Interim Interdict Fair Comment Defence Qualified Privilege Human Rights Act Section 12(3)

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Parties

Alan Massie

Pursuer and Respondent

Callum McCaig & Others

Defenders and Reclaimers

Procedural Posture

Application for Leave to Appeal / Post Interlocutory Judgment, Application for Leave to Appeal to Supreme Court

Legal Issues

  1. 1 Whether leave to appeal to the UK Supreme Court is required from an interlocutory judgment recalling an interim interdict
  2. 2 Whether the interlocutor is final in substance or interlocutory
  3. 3 Whether the case raises an issue of law of general or public importance justifying leave

Ratio Decidendi

The interlocutor recalling the interim interdict is interlocutory in both form and substance; leave to appeal is required and is refused as the case does not raise an issue of law of general or public importance and the merits have not been finally determined.

Court Disposition

Leave to appeal refused

Orders

  • Leave to appeal to the United Kingdom Supreme Court is refused.