Haickney v Newsquest (Herald & Times) Ltd [2006] ScotCS CSOH_86 (01 June 2006)

The article is capable of bearing the meaning that the pursuer is associated with violent organisations, but it is not a reasonable, natural or necessary interpretation that he was conspiring to commit violent criminal acts or that his planned actions would be violent.

Citation: [2006] ScotCS CSOH_86
Parties: Pursuer: Norman Christopher Haickney; Defenders: Newsquest (Herald & Times) Limited
Jurisdiction: Scotland
Judgment Date: 01 June 2006
Procedural Posture: Defamation Action / Plea to Relevancy and Specification Before Proof
Outcome: Defenders' first plea-in-law upheld in part; proof before answer allowed on remaining averments.
Legal Topics: Meaning of Defamatory Statements, Association With Violent Organisations, Interpretation of Newspaper Articles, Plea to Relevancy

Defamation Media Law Meaning of Defamatory Statements Association With Violent Organisations Interpretation of Newspaper Articles Plea to Relevancy

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2

Parties

Norman Christopher Haickney

Pursuer

Newsquest (Herald & Times) Limited

Defenders

Procedural Posture

Defamation Action / Plea to Relevancy and Specification Before Proof

Legal Issues

1 Whether the article is capable of bearing the defamatory meaning ascribed by the pursuer
2 Whether the article imputes that the pursuer was conspiring to commit violent criminal acts

Ratio Decidendi

Court Disposition

Defenders' first plea-in-law upheld in part; proof before answer allowed on remaining averments.

Orders

Withhold from probation the words alleging conspiracy to commit violent acts and threats to businesses.
Allow parties a proof before answer of their respective averments.