Ashton Properties (Glasgow) Ltd against Unite the Union (Sheriff Court Civil) [2024] SCGLA 37 (27 September 2024)

Ashton Properties (Glasgow) Ltd against Unite the Union (Sheriff Court Civil) [2024] SCGLA 37 (27 September 2024)

The ordinary reasonable reader of the impugned tweets would understand them to mean that the workers' wages were being reduced, i.e., that they were to be paid less or receive a pay-cut. This is the meaning averred by the pursuer and is sustainable on an impressionistic reading appropriate to social media. The defender's more nuanced interpretation is too subtle for the context. Accordingly, the pursuer's averments are relevant and the action should proceed, subject to exclusion of certain averments by consent.

Citation
[2024] SCGLA 37
Parties
Pursuer: Ashton Properties (Glasgow) Ltd; Defender: Unite the Union
Jurisdiction
Scotland
Judgment Date
27 September 2024
Procedural Posture
Ordinary Action of Damages for Defamation / Interlocutory Judgment on Preliminary Pleas After Debate
Outcome
Defender's preliminary plea sustained in part only; certain averments excluded from probation by consent; defender's preliminary plea otherwise repelled; pursuer's preliminary pleas reserved; expenses reserved; hearing to be assigned for further procedure.
Legal Topics
Meaning of Defamatory Statements, Social Media Defamation, Truth as a Defence, Honest Opinion as a Defence, Interpretation of Social Media Posts
Defamation Civil Procedure Meaning of Defamatory Statements Social Media Defamation Truth as a Defence Honest Opinion as a Defence Interpretation of Social Media Posts

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Parties

Ashton Properties (Glasgow) Ltd

Pursuer

Unite the Union

Defender

Procedural Posture

Ordinary Action of Damages for Defamation / Interlocutory Judgment on Preliminary Pleas After Debate

Legal Issues

  1. 1 What is the meaning conveyed by the impugned tweets to the ordinary reasonable reader?
  2. 2 Is the pursuer's averred meaning of the tweets sustainable?
  3. 3 Are the tweets capable of bearing a defamatory meaning?

Ratio Decidendi

The ordinary reasonable reader of the impugned tweets would understand them to mean that the workers' wages were being reduced, i.e., that they were to be paid less or receive a pay-cut. This is the meaning averred by the pursuer and is sustainable on an impressionistic reading appropriate to social media. The defender's more nuanced interpretation is too subtle for the context. Accordingly, the pursuer's averments are relevant and the action should proceed, subject to exclusion of certain averments by consent.

Court Disposition

Defender's preliminary plea sustained in part only; certain averments excluded from probation by consent; defender's preliminary plea otherwise repelled; pursuer's preliminary pleas reserved; expenses reserved; hearing to be assigned for further procedure.

Orders

  • Excludes specified averments from probation as detailed in the judgment.
  • Repels defender's preliminary plea quoad ultra.