CAMPBELL, STUART CAMPBELL AGAINST KEZIA DUGDALE [2018] ScotSC 49 (17 August 2018)

The court found that while the statement was defamatory, it was protected by the defence of fair comment as it was an honestly held opinion on a matter of public interest.

Citation: [2018] ScotSC 49
Parties: Pursuer: Stuart Campbell; Defender: Kezia Dugdale
Jurisdiction: Scotland
Judgment Date: 17 August 2018
Procedural Posture: Defamation / Judgment
Outcome: claim dismissed
Legal Topics: Defamation, Fair Comment, Freedom of Expression

Defamation Media Law Fair Comment Freedom of Expression

Case Brief

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Parties

Stuart Campbell

Pursuer

Kezia Dugdale

Defender

Procedural Posture

Defamation / Judgment

Legal Issues

1 Whether the defender's statement was defamatory
2 Whether the defender's statement was protected as fair comment

Ratio Decidendi

The court found that while the statement was defamatory, it was protected by the defence of fair comment as it was an honestly held opinion on a matter of public interest.

Court Disposition

claim dismissed

Orders

No damages awarded
No interdict granted