McCann v Scottish Media Newspapers Ltd [1999] ScotCS 52 (18 February 1999)

McCann v Scottish Media Newspapers Ltd [1999] ScotCS 52 (18 February 1999)

The pursuer's averments, except for the most general imputation of dishonesty, are sufficient to entitle him to inquiry, as a reasonable reader could interpret the articles as imputing that the pursuer, in his capacity as chairman and major shareholder, deliberately presented misleading financial information to benefit his own interests. The articles, read as a whole and in context, could bear the defamatory meanings alleged, except for the sweeping allegation of general dishonesty, which is excluded as too broad and unsupported.

Citation
[1999] ScotCS 52
Parties
Pursuer: Fergus McCann; Defender: Scottish Media Newspapers Limited
Jurisdiction
Scotland
Judgment Date
18 February 1999
Procedural Posture
Civil (defamation) / Debate on Procedure Roll Regarding Relevancy and Specification of Averments
Outcome
Partial exclusion of averments; proof before answer allowed on remainder
Legal Topics
Defamatory Meaning, Innuendo, Pleadings, Relevancy, Fair Comment, Company Law, Press Freedom
Defamation Media Law Defamatory Meaning Innuendo Pleadings Relevancy Fair Comment Company Law +1 more

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Parties

Fergus McCann

Pursuer

Scottish Media Newspapers Limited

Defender

Procedural Posture

Civil (defamation) / Debate on Procedure Roll Regarding Relevancy and Specification of Averments

Legal Issues

  1. 1 Whether the words complained of are capable of bearing a defamatory meaning against the pursuer
  2. 2 Whether the pleadings set out a relevant case of defamation, including by innuendo
  3. 3 Whether the articles, read as a whole, could be understood by a reasonable reader as making the imputations alleged

Ratio Decidendi

The pursuer's averments, except for the most general imputation of dishonesty, are sufficient to entitle him to inquiry, as a reasonable reader could interpret the articles as imputing that the pursuer, in his capacity as chairman and major shareholder, deliberately presented misleading financial information to benefit his own interests. The articles, read as a whole and in context, could bear the defamatory meanings alleged, except for the sweeping allegation of general dishonesty, which is excluded as too broad and unsupported.

Court Disposition

Partial exclusion of averments; proof before answer allowed on remainder

Orders

  • Exclusion from probation of the words 'is not honest in his business dealings and in his actions as Chairman of Celtic plc. In particular, it represented that he' in Article 4 of the condescendence
  • Proof before answer allowed on the remainder of the pursuer's averments