BRITISH GAS TRADING LTD AND ANOTHER AGAINST DEREK MCPHERSON [2020] ScotCS CSOH_62 (29 May 2020)

BRITISH GAS TRADING LTD AND ANOTHER AGAINST DEREK MCPHERSON [2020] ScotCS CSOH_62 (29 May 2020)

Interim orders for removal of the initial blog posts were granted because the pursuers were likely to succeed in obtaining a final order for their removal, the posts were found to be unjustifiably defamatory, and the balance of convenience favoured the pursuers. Interim orders for removal of the new blog posts were refused because the pursuers were not likely to succeed in obtaining removal of the new posts in their entirety after proof, and the balance of convenience did not favour such an order. Expenses for the interim interdict motion were awarded to the pursuers; no expenses were due for the further interim orders motion due to divided success.

Citation
[2020] ScotCS CSOH_62
Parties
Pursuer: British Gas Trading Limited; Pursuer: Centrica Plc; Defender: Derek McPherson
Jurisdiction
Scotland
Judgment Date
29 May 2020
Procedural Posture
Defamation / Interim Motions for Amendment and Further Interim Orders
Outcome
Interim orders granted in part
Legal Topics
Interim Interdict, Specific Implement, Freedom of Expression, Expenses, Amendment of Pleadings
Defamation Civil Procedure Human Rights Interim Interdict Specific Implement Freedom of Expression Expenses Amendment of Pleadings

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Parties

British Gas Trading Limited

Pursuer

Centrica Plc

Pursuer

Derek McPherson

Defender

Procedural Posture

Defamation / Interim Motions for Amendment and Further Interim Orders

Legal Issues

  1. 1 Whether interim orders for removal of blog posts should be granted
  2. 2 Whether the pursuers are likely to succeed in obtaining final orders for specific implement
  3. 3 Balance of convenience in granting interim orders

Ratio Decidendi

Interim orders for removal of the initial blog posts were granted because the pursuers were likely to succeed in obtaining a final order for their removal, the posts were found to be unjustifiably defamatory, and the balance of convenience favoured the pursuers. Interim orders for removal of the new blog posts were refused because the pursuers were not likely to succeed in obtaining removal of the new posts in their entirety after proof, and the balance of convenience did not favour such an order. Expenses for the interim interdict motion were awarded to the pursuers; no expenses were due for the further interim orders motion due to divided success.

Court Disposition

Interim orders granted in part

Orders

  • Minute of amendment allowed and summons amended accordingly
  • Interim order for removal of initial blog posts granted