Moffat v News Group Newspapers Ltd [1999] ScotCS 149 (17 June 1999)

Moffat v News Group Newspapers Ltd [1999] ScotCS 149 (17 June 1999)

The pursuer failed to demonstrate special circumstances justifying early disclosure of the defenders' witnesses under section 1(1A) of the 1972 Act. The allegations, though geographically spread, were not unusual or outside the pursuers' own knowledge, and the normal procedural timetable for witness disclosure...

Source-derived case information.

Citation
[1999] ScotCS 149
Parties
Pursuer: Alistair Murray Moffat; Defender: News Group Newspapers Limited
Jurisdiction
Scotland
Judgment Date
17 June 1999
Procedural Posture
Civil (defamation) / Interlocutory Motion Prior to Proof
Outcome
Motion granted in part and refused in part.
Legal Topics
Disclosure of Witnesses, Defamation, Journalistic Sources, Burden of Proof, Veritas Defence
Civil Procedure Media Law Defamation Disclosure of Witnesses Journalistic Sources Burden of Proof Veritas Defence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Alistair Murray Moffat

Pursuer

News Group Newspapers Limited

Defender

Procedural Posture

Civil (defamation) / Interlocutory Motion Prior to Proof

Legal Issues

  1. 1 Whether the defenders should be ordered to disclose the identity of witnesses under section 1(1A) of the Administration of Justice (Scotland) Act 1972 prior to the standard 28-day period before proof
  2. 2 Whether the interests of justice require early disclosure of journalistic sources

Ratio Decidendi

The pursuer failed to demonstrate special circumstances justifying early disclosure of the defenders' witnesses under section 1(1A) of the 1972 Act. The allegations, though geographically spread, were not unusual or outside the pursuers' own knowledge, and the normal procedural timetable for witness disclosure should be followed. The interests of justice did not require early disclosure or identification of journalistic sources at this stage.

Court Disposition

Motion granted in part and refused in part.

Orders

  • Defenders ordained to lead at proof.
  • Motion for early disclosure of witness identity refused.