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Scotland Case Law

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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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Tort [1909] ScotLR 934

Goodall v. Forbes and Others

Goodall v. Forbes and Others [1909] ScotLR 934 (14 July 1909)

A slander action arising from objections to a licence renewal. The court held the main issue competent and allowed a veritas counter-issue for one defender.

  • Slander
  • Competency of action
  • Privilege
  • Veritas (truth)
  • Damages
  • Counter-issue
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Tort [1900] ScotLR 37_408

Scott v. Wilson

Scott v. Wilson [1900] ScotLR 37_408 (31 January 1900)

Court of Session ruled on the specification of veritas counter-issues in a slander action, allowing some counter-issues and rejecting others.

  • Slander
  • Veritas
  • Specification of pleadings
  • Defamation
  • Pleading-specification
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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.