McANULTY, JULIE McANULTY AGAINST SHEENA McCULLOCH [2018] ScotCS CSOH_121 (19 December 2018)

McANULTY, JULIE McANULTY AGAINST SHEENA McCULLOCH [2018] ScotCS CSOH_121 (19 December 2018)

The court found the defender's statement attributing a racist remark to the pursuer was false, made with malice as part of a campaign to damage the pursuer, and constituted defamation. The defender was liable for direct publication to the email recipients but not for wider republication, as further publication was not foreseeable. Damages of £40,000 were awarded to the pursuer.

Citation
[2018] ScotCS CSOH_121
Parties
Pursuer: Julie McAnulty; Defender: Sheena McCulloch
Jurisdiction
Scotland
Judgment Date
19 December 2018
Procedural Posture
Civil / Judgment After Proof
Outcome
Judgment for the pursuer
Legal Topics
Defamation, Malice, Damages, Publication, Republication Liability, Credibility of Witnesses
Defamation Tort Media Law Malice Damages Publication Republication Liability Credibility of Witnesses

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Parties

Julie McAnulty

Pursuer

Sheena McCulloch

Defender

Procedural Posture

Civil / Judgment After Proof

Legal Issues

  1. 1 Whether the defender's statement attributing a racist remark to the pursuer was true or false
  2. 2 Whether the defender acted with malice or ill-will
  3. 3 Whether the defender is liable for republication of the defamatory statement

Ratio Decidendi

The court found the defender's statement attributing a racist remark to the pursuer was false, made with malice as part of a campaign to damage the pursuer, and constituted defamation. The defender was liable for direct publication to the email recipients but not for wider republication, as further publication was not foreseeable. Damages of £40,000 were awarded to the pursuer.

Court Disposition

Judgment for the pursuer

Orders

  • Decree for payment by the defender to the pursuer of £40,000 in damages with interest at 4% per annum from date of citation to decree and 8% per annum thereafter until payment.