BRITISH GAS TRADING LTD AND ANOTHER AGAINST DEREK MCPHERSON [2020] ScotCS CSOH_61 (13 May 2020)

The blog posts objectively bear a defamatory meaning, alleging criminal conduct without substantiation; pursuers are likely to succeed in their conclusion for permanent interdict as defences of veritas and fair comment are not established; balance of convenience favours granting interim interdict to prevent further unsubstantiated defamatory publication.

Citation: [2020] ScotCS CSOH_61
Parties: Pursuer: British Gas Trading Limited; Pursuer: Centrica Plc; Defender: Derek McPherson
Jurisdiction: Scotland
Judgment Date: 13 May 2020
Procedural Posture: Defamation / Motion for Interim Interdict
Outcome: interim interdict granted
Legal Topics: Interim Interdict, Freedom of Expression, Balance of Convenience

Defamation Human Rights Interim Interdict Freedom of Expression Balance of Convenience

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Parties

British Gas Trading Limited

Pursuer

Centrica Plc

Pursuer

Derek McPherson

Defender

Procedural Posture

Defamation / Motion for Interim Interdict

Legal Issues

1 Whether blog posts by defender are defamatory
2 Whether interim interdict should be granted restraining publication
3 Whether statements constitute fair comment or veritas

Ratio Decidendi

Court Disposition

interim interdict granted

Orders

Defender prohibited from publishing episodes 2-12 of blog in proposed form.
Defender prohibited from publishing specified defamatory material about pursuers, except in court proceedings.