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 »





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 »








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