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Defamation

Manjit Ram against James Stirling

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.

  • Qualified-privilege
  • Veritas
  • Malice
  • Single-meaning
  • Injuria
  • Quantum
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Defamation [2020] ScotCS CSOH_30

WILDCAT HAVEN ENTERPRISES CIC AGAINST ANDY WIGHTMAN

WILDCAT HAVEN ENTERPRISES CIC AGAINST ANDY WIGHTMAN [2020] ScotCS CSOH_30 (11 March 2020)

Court of Session defamation action over blogs, tweets and a Facebook post about Wildcat Haven and Highland Titles. The pursuer failed on meaning, defences and loss.

  • Defamatory-statements
  • Fair-comment
  • Veritas
  • Qualified-privilege
  • Liability-for-third-party-comments
  • Damages
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Defamation [2015] ScotCS CSIH_55

Cayzer v Times Newspapers Ltd

Cayzer v Times Newspapers Ltd [2015] ScotCS CSIH_55 (08 July 2015)

The Inner House held that a Sunday Times article could arguably defame Nigel Cayzer by implying he acted improperly as executor for personal gain.

  • Defamatory-meaning
  • Executor's-duties
  • Qualified-privilege
  • Bane-and-antidote-principle
  • Moral-turpitude
  • Defamation
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Defamation [2015] ScotCS CSOH_30

(FIRST) WILLIAM RODDIE and (SECOND) SPECTRUM PROPERTIES (SCOTLAND) Ltd against ASSOCIATED NEWSPAPERS Ltd

(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.

  • Meaning-of-defamatory-statements
  • Spent-convictions
  • Malice
  • Fair-comment
  • Qualified-privilege
  • Reynolds-privilege
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Civil-procedure [2014] CSIH 20

JAMES DUFF v. PATRICK SHEARER

JAMES DUFF v. PATRICK SHEARER [2014] CSIH_20 (11 February 2014)

The Inner House refused James Duff’s appeal against an order requiring caution for expenses, holding the sheriff acted properly given the weak, time-barred claim and unpaid prior costs.

  • Security-for-expenses
  • Impecunious-litigant
  • Qualified-privilege
  • Limitation-of-actions
  • Freedom-of-information
  • Sheriff-court-procedure
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Defamation [2013] ScotCS CSIH_46

Lyons v Stephen House, QPM & Anor

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.

  • Qualified-privilege
  • Malice
  • Accuracy-of-personal-data
  • Fair-processing
  • Statutory-exemptions
  • Remedies-in-defamation
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Civil-procedure [2013] ScotCS CSIH_37

Massie v McCaig & Ors

Massie v McCaig & Ors [2013] ScotCS CSIH_37 (21 March 2013)

The Inner House refused leave to appeal to the UK Supreme Court, holding that recall of an interim interdict was interlocutory and not final in substance.

  • Leave-to-appeal
  • Interim-interdict
  • Fair-comment-defence
  • Qualified-privilege
  • Human-rights-act-section-12(3)
  • Defamation
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Defamation [2013] ScotCS CSIH_14

Massie v McCaig & Ors

Massie v McCaig & Ors [2013] ScotCS CSIH_14 (01 March 2013)

The Inner House held that a political statement and article could bear a defamatory innuendo, but fair comment applied and interim interdict was recalled.

  • Interim-interdict
  • Qualified-privilege
  • Fair-comment
  • Freedom-of-expression
  • Balance-of-convenience
  • Defamation
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Defamation [2011] ScotCS CSIH_86

Curran v Scottish Daily Record & Sunday Mail Ltd

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.

  • Qualified-privilege
  • Defamatory-meaning
  • Malice
  • Fair-comment
  • Public-interest
  • Political-speech
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.