Cairns v Downie [2004] ScotSC 84 (22 December 2004)

Cairns v Downie [2004] ScotSC 84 (22 December 2004)

The court held that jurisdiction cannot be established solely on the basis of the pursuer's residence or presumed harm to reputation in Glasgow; there must be averments that the defamatory statements were communicated or caused damage within the jurisdiction. As no such averments existed, the court lacked jurisdiction.

Citation
[2004] ScotSC 84
Parties
Pursuer/appellant: Edward Edelsten Cairns; Defender/respondent: Andrew Downie
Jurisdiction
Scotland
Judgment Date
22 December 2004
Procedural Posture
Civil Appeal (defamation) / Appeal Against Dismissal for Lack of Jurisdiction
Outcome
appeal refused; sheriff's decision upheld
Legal Topics
Jurisdiction, Defamation, Civil Procedure, Damages
Civil Procedure Tort Jurisdiction Defamation Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Edward Edelsten Cairns

Pursuer/appellant

Andrew Downie

Defender/respondent

Procedural Posture

Civil Appeal (defamation) / Appeal Against Dismissal for Lack of Jurisdiction

Legal Issues

  1. 1 Whether Glasgow Sheriff Court has jurisdiction over a defamation claim where the alleged defamatory statements were not communicated or caused damage within its territory.

Ratio Decidendi

The court held that jurisdiction cannot be established solely on the basis of the pursuer's residence or presumed harm to reputation in Glasgow; there must be averments that the defamatory statements were communicated or caused damage within the jurisdiction. As no such averments existed, the court lacked jurisdiction.

Court Disposition

appeal refused; sheriff's decision upheld

Orders

  • Pursuer/appellant found liable to defender/respondent in expenses; account remitted to Auditor of Court to tax and report.