Cook, Re Interdict And Interim Interdict [2013] ScotCS CSOH_64 (26 April 2013)

Cook, Re Interdict And Interim Interdict [2013] ScotCS CSOH_64 (26 April 2013)

The respondent admitted making statements that were objectively defamatory, and his apology was insufficient as it did not include an undertaking not to repeat the statements and was followed by further repetition. No valid defence was disclosed in the answers. Interdict was therefore granted.

Citation
[2013] ScotCS CSOH_64
Parties
Petitioner: Brian Cook; Respondent: Colin Gibson
Jurisdiction
Scotland
Judgment Date
26 April 2013
Procedural Posture
Petition for Interdict and Interim Interdict / Final Judgment After Procedure Roll Discussion
Outcome
interdict granted
Legal Topics
Interdict, Defamation, Apology and Repetition, Privacy Rights
Civil Procedure Defamation Interdict Apology and Repetition Privacy Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Brian Cook

Petitioner

Colin Gibson

Respondent

Procedural Posture

Petition for Interdict and Interim Interdict / Final Judgment After Procedure Roll Discussion

Legal Issues

  1. 1 Whether the respondent's statements about the petitioner were defamatory
  2. 2 Whether the respondent's apology and subsequent conduct precluded the grant of interdict
  3. 3 Whether the respondent's grievances or privacy arguments constituted a defence to defamation

Ratio Decidendi

The respondent admitted making statements that were objectively defamatory, and his apology was insufficient as it did not include an undertaking not to repeat the statements and was followed by further repetition. No valid defence was disclosed in the answers. Interdict was therefore granted.

Court Disposition

interdict granted

Orders

  • Interdict granted in the terms sought in the prayer of the petition.