Fairbairn v Scottish National Party
| Jurisdiction | Scotland |
| Judgment Date | 26 April 1979 |
| Docket Number | No. 31. |
| Date | 26 April 1979 |
| Court | Court of Session (Outer House) |
OUTER HOUSE.
Lord Ross.
Defamation—Slander—Defamatory implication—Innuendo—Statements in pamphlet that the mail addressed to a Member of Parliament was uncollected—Whether capable of bearing defamatory innuendo—Whether interdict should be granted on balance of convenience.
Election law—Conduct of election—Illegal practices—Whether making of false statements in relation to public character of Member of Parliament an illegal practice—Representation of the People Act 1949 (cap. 68), sec. 91 (1)1.
A pamphlet distributed free to homes in a parliamentary constituency during a General Election contained the following extract about the former Member of Parliament who was a candidate in the election:
"Not everyone can aspire to the complete neutrality which Mailstrom maintains about the coming General Election. The staff of the House of Commons Post Office, for example, are believed to take a particular view about the result in West Perth and Kinross. This may have something to do with the fact that they have taken to complaining that the uncollected mail for the colourful Nicholas Fairbairn, M.P., is threatening to take over their entire space."
The candidate concerned alleged that the statement was defamatory as bearing the innuendo that he failed to deal with correspondence from his constituents; and that the making of the statement was an illegal practice under sec. 91 (1) of the Representation of the People Act 1949 because it was a false statement of fact in relation to his personal character or conduct.
Held (1) that a distinction fell to be drawn between a false statement in relation to the personal character or conduct of a candidate and a false statement in relation to the public or official character of a candidate. An illegal practice in terms of sec. 91 of the Representation of the People Act 1949 had to involve a false statement of fact directly relating to the personal character of the candidate.
Dicta of Darling J. in The Cockermouth Division Case (1901) 5 O'Malley & Hardcastle 155, 159; and Gibson J. in The North Louth CaseENR (1911) 6 O'Malley & Hardcastle 103, 157 and 163 applied.
(2) That the words complained of reflected on the public or political character of the candidate concerned but not upon his personal character; and accordingly there was no illegal practice under sec. 91 (1) of the 1949 Act.
(3) That the words complained of were reasonably capable of bearing
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