(FIRST) WILLIAM RODDIE and (SECOND) SPECTRUM PROPERTIES (SCOTLAND) Ltd against ASSOCIATED NEWSPAPERS Ltd [2015] ScotCS CSOH_30 (26 March 2015)

(FIRST) WILLIAM RODDIE and (SECOND) SPECTRUM PROPERTIES (SCOTLAND) Ltd against ASSOCIATED NEWSPAPERS Ltd [2015] ScotCS CSOH_30 (26 March 2015)

The article is not capable of bearing the defamatory meanings contended for by the pursuers. The reasonable reader would interpret the article as an attack on Clyde Gateway, not as an allegation of ongoing criminal conduct by the first pursuer or as rendering the second pursuer a poor credit risk. The references to 'convicted fraudster' are factual and do not imply continuing criminal enterprise. The pursuers' averments of malice are irrelevant and lack specification. The defenders' first plea in law is sustained and the action dismissed.

Citation
[2015] ScotCS CSOH_30
Parties
Pursuer: William Roddie; Pursuer: Spectrum Properties (Scotland) Limited; Defender: Associated Newspapers Limited
Jurisdiction
Scotland
Judgment Date
26 March 2015
Procedural Posture
Defamation Action / Procedure Roll Discussion, Motion to Dismiss
Outcome
action dismissed
Legal Topics
Meaning of Defamatory Statements, Spent Convictions, Malice, Fair Comment, Qualified Privilege, Reynolds Privilege
Defamation Media Law Civil Procedure Meaning of Defamatory Statements Spent Convictions Malice Fair Comment Qualified Privilege +1 more

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Parties

William Roddie

Pursuer

Spectrum Properties (Scotland) Limited

Pursuer

Associated Newspapers Limited

Defender

Procedural Posture

Defamation Action / Procedure Roll Discussion, Motion to Dismiss

Legal Issues

  1. 1 Whether the article published by the defenders was capable of bearing the defamatory meanings contended for by the pursuers
  2. 2 Whether the article implied ongoing criminal conduct by the first pursuer
  3. 3 Whether the article rendered the second pursuer a poor credit risk due to being run by a fraudster

Ratio Decidendi

The article is not capable of bearing the defamatory meanings contended for by the pursuers. The reasonable reader would interpret the article as an attack on Clyde Gateway, not as an allegation of ongoing criminal conduct by the first pursuer or as rendering the second pursuer a poor credit risk. The references to 'convicted fraudster' are factual and do not imply continuing criminal enterprise. The pursuers' averments of malice are irrelevant and lack specification. The defenders' first plea in law is sustained and the action dismissed.

Court Disposition

action dismissed

Orders

  • defenders' first plea in law sustained
  • action dismissed