Kinley v Devine [2014] ScotCS CSOH_67 (09 April 2014)

The court found the pursuer and her witness credible and reliable, and the defender wholly incredible. The defender made false and malicious statements about the pursuer to third parties and in a letter, knowing them to be untrue, with no valid defence of truth or privilege. The statements were defamatory, communicated, and caused significant harm to the pursuer's reputation and wellbeing. Damages were assessed at £17,816 including interest.

Citation: [2014] ScotCS CSOH_67
Parties: Pursuer: Marion Kinley; Defender: James Devine
Jurisdiction: Scotland
Judgment Date: 09 April 2014
Procedural Posture: Civil / Proof Before Answer
Outcome: Judgment for the pursuer
Legal Topics: Defamation, Malicious Falsehood, Damages, Employment Law, Constructive Dismissal

Defamation Delict Malicious Falsehood Damages Employment Law Constructive Dismissal

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

Marion Kinley

Pursuer

James Devine

Defender

Procedural Posture

Civil / Proof Before Answer

Legal Issues

1 Whether the defender made defamatory statements about the pursuer to third parties and in writing
2 Whether the statements were communicated to others
3 Whether the statements were true or maliciously false

Ratio Decidendi

Court Disposition

Judgment for the pursuer

Orders

Decree for payment by the defender to the pursuer of £17,816 with interest at 8% per annum from date of decree until payment
Pursuer's first plea-in-law sustained