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Defamation Act 1952

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14 Application of Act to Scotland.E+W+S

This Act shall apply to Scotland subject to the following modifications, that is to say:—

(a)sections one, two, eight and thirteen shall be omitted;

(b)for section three there shall be substituted the following section—

3 Actions for verbal injury.

In any action for verbal injury it shall not be necessary for the pursuer to aver or prove special damage if the words on which the action is founded are calculated to cause pecuniary damage to the pursuer.;

(c)subsection (2) of section four shall have effect as if at the end thereof there were added the words “Nothing in this subsection shall be held to entitle a defender to lead evidence of any fact specified in the declaration unless notice of his intention so to do has been given in the defences.”; and

(d)for any reference to libel, or to libel or slander, there shall be substituted a reference to defamation; the expression “plaintiff” means pursuer; the expression “defendant” means defender; for any reference to an affidavit made by any person there shall be substituted a reference to a written declaration signed by that person; for any reference to the High Court there shall be substituted a reference to the Court of Session or, if an action of defamation is depending in the sheriff court in respect of the publication in question, the sheriff; the expression “costs” means expenses; and for any reference to a defence of justification there shall be substituted a reference to a defence of veritas.

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