News: Leveson, Scotland Expert Group Recommends Statute, Regulator for all Publishers and Failsafe

15 03 2013

scottish_govThe Expert Group on the Leveson Report appointed by the Scottish Government has today published its report.   It recommended a statutory recognition body with an approved regulator to have jurisdiction over all publishers.  It also recommends a statutory “fail safe” with Ministers establishing an approved regulator if none is approved. Read the rest of this entry »

Scotland: Panel Appointed to consider Leveson Recommendations

13 12 2012

A five-person panel has been appointed to consider the recommendations of the Leveson Report in Scotland.  The expert group, to be chaired by former Solicitor General and Senator of the College of Justice Lord McCluskey, features Scots legal experts and representatives of journalism and those affected by malpractice. Read the rest of this entry »

Case Law, Scotland: RAH v MH, an anonymous defamation judgment – Kerry Trewern

26 10 2012

The recent decision of the Court of Session in Scotland in RAH v MH ([2012] CSOH 126) is unusual for two reasons.  First, it follows a proof (trial) in a defamation action; a rare beast in the Scottish courts.  Second, parties’ names in the judgment are anonymised. Read the rest of this entry »

Defamation in Scotland – mostly quiet on the northern front?

28 11 2010

In a comment on a recent post on the Scottish government consultation on “libelling the dead”, Scots law blogger Jonathan Mitchell QC drew attention to the fact that Scots libel law is effectively identical to that in England. Read the rest of this entry »

News: Scottish Government to Consult on “Libelling the Dead”

10 11 2010

It has been reported that Scottish ministers are to consult on a reform of the law of defamation to permit claims to be brought on behalf of the dead.   The consultation is set to be launched before the end of the year. A spokesman at Scotland’s Justice Department said that the Government had no view on whether a change was necessary of desirable:  “We have said that we will still be a very very long way away from changing the law on this“. Read the rest of this entry »