SWINSON, PETITION OF JO SWINSON FOR INTERDICT AND INTERDICT AD INTERIM [2019] ScotCS CSOH_98 (28 November 2019)

SWINSON, PETITION OF JO SWINSON FOR INTERDICT AND INTERDICT AD INTERIM [2019] ScotCS CSOH_98 (28 November 2019)

The petitioner established a strong prima facie case that the statement in the leaflet was false, defamatory, and in breach of section 106 of the Representation of the People Act 1983. The balance of convenience favoured granting interim interdict to prevent further distribution of the leaflet containing the false statement.

Citation
[2019] ScotCS CSOH_98
Parties
Petitioner: Jo Swinson; First Respondent: Scottish National Party; Second Respondent: Amy Callaghan; Third Respondent: Royal Mail Group Limited
Jurisdiction
Scotland
Judgment Date
28 November 2019
Procedural Posture
Petition for Interdict and Interdict Ad Interim / Interim Interdict Hearing
Outcome
interim interdict granted
Legal Topics
False Statements in Election Materials, Section 106 Representation of the People Act 1983, Interim Interdict, Defamation of Political Candidates
Defamation Election Law False Statements in Election Materials Section 106 Representation of the People Act 1983 Interim Interdict Defamation of Political Candidates

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Parties

Jo Swinson

Petitioner

Scottish National Party

First Respondent

Amy Callaghan

Second Respondent

Royal Mail Group Limited

Third Respondent

Procedural Posture

Petition for Interdict and Interdict Ad Interim / Interim Interdict Hearing

Legal Issues

  1. 1 Whether the statement in the election leaflet is false and defamatory of the petitioner
  2. 2 Whether the statement infringes section 106 of the Representation of the People Act 1983 by being a false statement of fact about the petitioner's character or conduct
  3. 3 Whether interim interdict should be granted to prevent further distribution of the leaflet

Ratio Decidendi

The petitioner established a strong prima facie case that the statement in the leaflet was false, defamatory, and in breach of section 106 of the Representation of the People Act 1983. The balance of convenience favoured granting interim interdict to prevent further distribution of the leaflet containing the false statement.

Court Disposition

interim interdict granted

Orders

  • Interim interdict granted against the first and second respondents prohibiting further distribution of the election leaflet containing the false statement.
  • Petitioner allowed to amend the terms of the interdict sought against the third respondent (Royal Mail Group Limited) to focus on distribution of the leaflet in its present form.