McCue v Scottish Daily Record & Anor [1999] ScotCS 234 (8 October 1999)

Averments of patrimonial loss and certain club-related averments lack sufficient specification and relevancy; only general averments of injury to feelings and reputation are admitted to probation unless pursuer amends pleadings to cure deficiencies.

Citation: [1999] ScotCS 234
Parties: Pursuer: John McCue; First Defender: Scottish Daily Record and Sunday Mail Limited; Second Defender: Norman Silvester
Jurisdiction: Scotland
Judgment Date: 08 October 1999
Procedural Posture: Defamation Damages / Procedure Roll Debate on Specification and Relevancy of Averments
Outcome: Certain averments excluded from probation; case put out By Order to allow pursuer to consider amendment; proof before answer allowed quoad ultra.
Legal Topics: Specification of Pleadings, Probation of Averments, Patrimonial Loss, Injury to Reputation

Defamation Civil Procedure Specification of Pleadings Probation of Averments Patrimonial Loss Injury to Reputation

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Parties

John McCue

Pursuer

Scottish Daily Record and Sunday Mail Limited

First Defender

Norman Silvester

Second Defender

Procedural Posture

Defamation Damages / Procedure Roll Debate on Specification and Relevancy of Averments

Legal Issues

1 Whether pursuer's averments of loss are sufficiently specified to be admitted to probation
2 Whether averments relating to Gorbals United Boys Club and patrimonial loss are relevant

Ratio Decidendi

Court Disposition

Certain averments excluded from probation; case put out By Order to allow pursuer to consider amendment; proof before answer allowed quoad ultra.

Orders

Exclusion from probation of specified averments in Articles 5 and 6 of condescendence unless amended.
Proof before answer allowed for remaining averments.