Appa Uk Ltd v. Clyde And Forth Press Ltd [2006] ScotCS CSOH_185 (01 December 2006)

Appa Uk Ltd v. Clyde And Forth Press Ltd [2006] ScotCS CSOH_185 (01 December 2006)

It is appropriate to sist the present action because the central issue is identical to that in the Daily Record case, and the outcome of that case will determine liability, thereby avoiding unnecessary expense and duplication.

Citation
[2006] ScotCS CSOH_185
Parties
Pursuer: Appa UK Limited; Defender: Clyde and Forth Press Limited
Jurisdiction
Scotland
Judgment Date
01 December 2006
Procedural Posture
Defamation / Motion to Sist (stay) Proceedings Pending Outcome of Related Action
Outcome
Motion to sist granted
Legal Topics
Sist of Proceedings, Defamation, Judicial Discretion
Defamation Civil Procedure Sist of Proceedings Judicial Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

Appa UK Limited

Pursuer

Clyde and Forth Press Limited

Defender

Procedural Posture

Defamation / Motion to Sist (stay) Proceedings Pending Outcome of Related Action

Legal Issues

  1. 1 Whether the present defamation action should be sisted to await the outcome of a related defamation action against another party

Ratio Decidendi

It is appropriate to sist the present action because the central issue is identical to that in the Daily Record case, and the outcome of that case will determine liability, thereby avoiding unnecessary expense and duplication.

Court Disposition

Motion to sist granted

Orders

  • Action sisted to await outcome of the Daily Record litigation