Explanatory Notes

Defamation and Malicious Publication (Scotland) Act 2021

2021 asp 10

21 April 2021

Commentary on Sections

Part 3: General

Remedies

Section 29: Making a statement in open court

130.Section 29 allows a statement to be made in open court at the point where settlement is reached in defamation proceedings or proceedings under Part 2 for a malicious publication. This may be either a bilateral statement, as agreed between the parties to the proceedings, or a unilateral statement made only by the pursuer. As Scots law currently stands there is not thought to be anything to prevent the reading out of a statement of this nature, commonly known as a settlement statement, although this is not done in practice in Scotland, unlike in England and Wales. The provision is intended to clarify the existence of this remedy as an option.