Cunningham v. Scotsman Publications [1986] ScotCS CSOH_1 (27 November 1986)

Cunningham v. Scotsman Publications [1986] ScotCS CSOH_1 (27 November 1986)

Qualified privilege protects fair and accurate reports of judicial proceedings, including allegations in documents referred to and founded upon in open court, even if not read aloud; the privilege is not restricted to spoken words but extends to material intended to be published by being incorporated in the proceedings.

Citation
[1986] ScotCS CSOH_1
Parties
Pursuer: David Cunningham; Defender: The Scotsman Publications Ltd.; Defender: D. C. Thomson & Co. Ltd.; Defender: George Outram & Co. Ltd.
Jurisdiction
Scotland
Judgment Date
27 November 1986
Procedural Posture
Defamation (slander) / Procedure Roll; Interlocutory Decision on Qualified Privilege
Outcome
Proof before answer allowed; defenders' plea of qualified privilege not excluded at this stage.
Legal Topics
Qualified Privilege, Fair and Accurate Reporting, Publication of Court Documents, Open Justice
Defamation Media Law Court Reporting Delict Qualified Privilege Fair and Accurate Reporting Publication of Court Documents Open Justice

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Parties

David Cunningham

Pursuer

The Scotsman Publications Ltd.

Defender

D. C. Thomson & Co. Ltd.

Defender

George Outram & Co. Ltd.

Defender

Procedural Posture

Defamation (slander) / Procedure Roll; Interlocutory Decision on Qualified Privilege

Legal Issues

  1. 1 Does qualified privilege protect newspaper reports of allegations in court documents not read aloud in open court?
  2. 2 What are the limits of privileged reporting of judicial proceedings?

Ratio Decidendi

Qualified privilege protects fair and accurate reports of judicial proceedings, including allegations in documents referred to and founded upon in open court, even if not read aloud; the privilege is not restricted to spoken words but extends to material intended to be published by being incorporated in the proceedings.

Court Disposition

Proof before answer allowed; defenders' plea of qualified privilege not excluded at this stage.

Orders

  • Proof before answer on the issue of qualified privilege; no final determination on merits.