Explanatory Notes

Defamation and Malicious Publication (Scotland) Act 2021

2021 asp 10

21 April 2021

Commentary on Sections

Part 1: Defamation

Jurisdiction

Section 19: Actions against a person not domiciled in the UK

110.Subsection (4) makes clear that the provision does not affect the opportunity of a defender to take a plea of forum non conveniens. The essence of such a plea is that, although a given court has jurisdiction to determine proceedings, the interests of all the parties involved would be better served if they were determined by a different court, which has concurrent jurisdiction.