Ewing v Times Newspapers Ltd [2010] ScotCS CSIH_67 (20 July 2010)

Ewing v Times Newspapers Ltd [2010] ScotCS CSIH_67 (20 July 2010)

Requiring the pursuer to find caution for expenses does not per se breach Article 6 ECHR; the Lord Ordinary exercised discretion reasonably given the pursuer's impecuniosity, history of vexatious litigation, lack of reputation in Scotland, and the artificial and disproportionate nature of the claim. The order for caution was not premature, and the reclaiming motion is refused.

Citation
[2010] ScotCS CSIH_67
Parties
Pursuer and Reclaimer: Terence Patrick Ewing; Defender and Respondent: Times Newspapers Limited
Jurisdiction
Scotland
Judgment Date
20 July 2010
Procedural Posture
Civil Appeal (reclaiming Motion) / Appeal Against Interlocutors Ordering Caution and Granting Decree of Absolvitor
Outcome
Reclaiming motion refused; defender's motion for expenses granted.
Legal Topics
Security for Costs (caution), Access to Justice Under Article 6 ECHR, Defamation/libel, Harassment, Breach of Confidence, Privacy, Data Protection
Civil Procedure Defamation Human Rights Security for Costs (caution) Access to Justice Under Article 6 ECHR Defamation/libel Harassment Breach of Confidence +2 more

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Parties

Terence Patrick Ewing

Pursuer and Reclaimer

Times Newspapers Limited

Defender and Respondent

Procedural Posture

Civil Appeal (reclaiming Motion) / Appeal Against Interlocutors Ordering Caution and Granting Decree of Absolvitor

Legal Issues

  1. 1 Whether requiring the pursuer to find caution for expenses breaches Article 6 ECHR (right of access to justice)
  2. 2 Whether the order for caution was made prematurely before record closure
  3. 3 Whether the Lord Ordinary exercised discretion unreasonably in ordering caution given the pursuer's history and merits of the claim

Ratio Decidendi

Requiring the pursuer to find caution for expenses does not per se breach Article 6 ECHR; the Lord Ordinary exercised discretion reasonably given the pursuer's impecuniosity, history of vexatious litigation, lack of reputation in Scotland, and the artificial and disproportionate nature of the claim. The order for caution was not premature, and the reclaiming motion is refused.

Court Disposition

Reclaiming motion refused; defender's motion for expenses granted.

Orders

  • Refusal of reclaiming motion (appeal)
  • Grant of defender's motion for expenses