Case Law, Scotland: B C and Ors v Chief Constable of Police Service of Scotland, Police WhatsApp Group chats not private – Darryl Hutcheon

8 08 2019

A police force is conducting a criminal investigation into a sexual offence alleged to have been committed, as it happens, by one of its own officers. The force seizes his phone and comes across WhatsApp group chats in which several other officers in its service have posted offensive messages. Read the rest of this entry »

Case Law: Kennedy v National Trust for Scotland: No pictures, please, Scotland versus England as a forum for defamation cases – Dan Tench, Emma Boffey, Graeme MacLeod and Jo Clark

18 06 2019

The Court of Appeal in England & Wales has handed down its judgment in the matter of Howard Kennedy v The National Trust for Scotland [2019] EWCA Civ 648, on appeal from the decision of Sir David Eady, sitting as a judge of the High Court on the Queen’s Bench Division Media and Communications List. Read the rest of this entry »

Scottish defamation reform stuck in the thistles – Nick Bonyhady

18 10 2018

Lukewarm response to Scottish Law Reform Commission’s report on defamation reform … Little movement … Not enough libelling going on … Defamation case against former leader splits the Scottish Labour Party … Homophobia collides with independence for Scotland … Nick Bonyhady reports. Read the rest of this entry »

News: Scottish Law Commission published Defamation Law Consultation

18 03 2016

Scottish Law CommissionYesterday the Scottish Law Commission published a Discussion Paper on Defamation [pdf].  This summarises the current Scots defamation law and poses a number of consultation questions about possible areas of reform. Read the rest of this entry »

Case Law, Scotland: WF, Petitioner, The right to privacy and medical records – Seonaid Stevenson

20 02 2016

medrecordreview01In the case of WF, Petitioner ([2016] CSOH 27) the Outer House of the Court of Session has ruled that the right to privacy and medical confidentiality under Article 8 of the Convention entitles complainers to be heard and have legal representation before any orders are made for recovery of their medical records. Read the rest of this entry »

Case Law, Scotland: A v BBC, Anonymity order compatible with Convention and common law – Rosalind English

19 05 2014

anonymity21The appeal in the case of A v BBC ([2014] UKSC 25) related to whether the Scottish Courts took the correct approach to prohibit the publication of a name or other matter in connection with court proceedings under section 11 of the Contempt of Court Act 1981, and whether the court’s discretion was properly exercised in this case.  The Supreme Court unanimously dismissed the appeal by the BBC. Read the rest of this entry »

Case Law, Scotland: Kinley v Devine, Ex-MP’s former office manager wins libel damages against him

15 04 2014

Jim DevineIn the case of Kinley v Devine ([2014] CSOH 67) disgraced former MP Jim Devine was ordered to pay his one-time officer manager £18,000 in libel damages including interest over a series of statements in which he accused her of dishonesty and theft and claimed she was a gambling addict. Read the rest of this entry »

Libel Reform and Scotland, the Silence of the Lords – Paul Tweed

21 03 2014

Paul TweedDuring the course of what has been an intense, and often vitriolic, debate in the House of Lords on the decision not to implement the Defamation Act 2013 in Northern Ireland, the failure to even mention the similar stance taken by Scotland is somewhat bewildering. Read the rest of this entry »

Scottish Media Regulation – Stuart Tennant

3 10 2013

Scotland PapersAlmost a year on from the publication of the Leveson Report and media regulation in the UK remains in a state of flux.  Two charters are currently vying to establish a recognition body to keep tabs on a press regulator in the UK.  But both could result in a stalemate.  This blog considers the impact on the regulation of the press in Scotland and whether there are alternative options available. Read the rest of this entry »

News, Scotland: Reactions to Report of Expert Group on Leveson: “Shameful” and “Draconian”?

17 03 2013

As we reported on FridaySNA1606GX3---_1692669a, the Expert Group on Leveson established by the First Minister, Alex Salmond, recommended a statutory recognition body, a regulator with jurisdiction over all publishers in Scotland and a “failsafe”.  There is a BBC report about these recommendations, “McCluskey Report recommends legal press regulation in Scotland“. Read the rest of this entry »