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Scotland decisions
Decisions matching the current search
Expenses judgment after absolvitor in a defamation and injuria action. The sheriff awarded defender’s expenses on a party-and-party basis with a 35% uplift.
Brian MacGregor against Iain Livingstone QPM, Chief Constable (Court of Session) [2024] CSOH 109 (13 December 2024)
The Court of Session held that a pursuer’s malicious-reporting claim against the chief constable was relevant enough to proceed to proof before answer.
DAVID GREIR AGAINST THE CHIEF CONSTABLE OF POLICE SCOTLAND AND THE LORD ADVOCATE [2022] ScotCS CSIH_57 (20 December 2022)
Inner House appeal in a malicious prosecution claim arising from the Rangers-related investigation. The court refused the reclaiming motions and upheld dismissal of the claims.
McANULTY, JULIE McANULTY AGAINST SHEENA McCULLOCH [2018] ScotCS CSOH_121 (19 December 2018)
The Court of Session held that an email accusing Julie McAnulty of racism was false and defamatory, awarding her £40,000 in damages.
(FIRST) WILLIAM RODDIE and (SECOND) SPECTRUM PROPERTIES (SCOTLAND) Ltd against ASSOCIATED NEWSPAPERS Ltd [2015] ScotCS CSOH_30 (26 March 2015)
Defamation action dismissed after the court held the newspaper article could not bear the defamatory meanings alleged by the pursuers.
GWEN LOUDON AGAIN STEPHEN HOUSE, THE CHIEF CONSTABLE OF POLICE SCOTLAND [2014] ScotSC 23 (17 June 2014)
A sheriff held that a police officer’s arrest and detention in a pervert-the-course-of-justice investigation were unlawful and awarded damages and interest.
Lyons v Stephen House, QPM & Anor [2013] ScotCS CSIH_46 (05 June 2013)
The Inner House refused the reclaiming motion, holding that the defamation claim failed for lack of malice and the Data Protection Act claim was irrelevant.
Curran v Scottish Daily Record & Sunday Mail Ltd [2011] ScotCS CSIH_86 (20 December 2011)
The court held that a political newspaper article was not defamatory, and that qualified privilege applied as a fair retort; alleged malice by Mr Sheridan was irrelevant.
Sinclair or Fraser v. Fraser [2010] ScotSC 17 (17 June 2010)
A Scottish sheriff held that a workplace defamation claim succeeded after false allegations of assault and dismissal from a nursing home were repeated, awarding £5,000 plus interest.
Curran v Scottish Daily Record & Sunday Mail Ltd [2010] ScotCS CSOH_44 (26 March 2010)
The Court of Session dismissed Frances Curran’s defamation action over a Daily Record article, holding the piece was political criticism and, in any event, a fair retort protected by qualified privilege.
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