Ewing v Times Newspapers Ltd [2008] ScotCS CSOH_169 (11 December 2008)

Ewing v Times Newspapers Ltd [2008] ScotCS CSOH_169 (11 December 2008)

Exceptional circumstances exist justifying an order for caution: the pursuer is impecunious, has a history of vexatious litigation and non-payment of costs, and the claim is of doubtful merit and limited value. Ordering caution in the sum of £15,000 is proportionate and does not contravene Article 6 ECHR.

Citation
[2008] ScotCS CSOH_169
Parties
Pursuer: Terence Patrick Ewing; Defender: Times Newspapers Limited
Jurisdiction
Scotland
Judgment Date
11 December 2008
Procedural Posture
Civil (delict/defamation) / Interlocutory (motion for Caution/security for Expenses)
Outcome
Order for caution granted
Legal Topics
Security for Expenses (caution), Access to Justice, Article 6 ECHR, Defamation, Qualified Privilege, Impecuniosity, Vexatious Litigation, Damages, Jurisdiction
Civil Procedure Defamation Privacy Law Data Protection Harassment Security for Expenses (caution) Access to Justice Article 6 ECHR +5 more

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Parties

Terence Patrick Ewing

Pursuer

Times Newspapers Limited

Defender

Procedural Posture

Civil (delict/defamation) / Interlocutory (motion for Caution/security for Expenses)

Legal Issues

  1. 1 Whether the pursuer should be ordered to find caution (security for expenses) as a condition precedent to continuing the action
  2. 2 Whether such an order would contravene Article 6 ECHR (right of access to court)
  3. 3 Whether the pursuer's claim has sufficient merit to avoid caution

Ratio Decidendi

Exceptional circumstances exist justifying an order for caution: the pursuer is impecunious, has a history of vexatious litigation and non-payment of costs, and the claim is of doubtful merit and limited value. Ordering caution in the sum of £15,000 is proportionate and does not contravene Article 6 ECHR.

Court Disposition

Order for caution granted

Orders

  • Pursuer to lodge caution (security for expenses) in the sum of £15,000 within four weeks as a condition precedent to proceeding further with the action.