Meek v Lothian Regional Council
| Jurisdiction | Scotland |
| Judgment Date | 02 April 1982 |
| Docket Number | No. 15. |
| Date | 02 April 1982 |
| Court | Court of Session (Outer House) |
OUTER HOUSE.
Lord Ross.
Election lawConduct of electionsElection expensesWhether article in local authority newspaper calculated to promote the election of a particular partyInterdictBalance of convenienceRepresentation of the People Act 1949 (cap. 68), sec. 63 (1).1
Local governmentPowersPublication of informationMeaning of "information"Whether information restricted to purely factual informationLocal Government (Scotland) Act 1973 (cap. 65), sec. 88 (2).2
Lothian Regional Council published a newspaper called "Lothian Clarion" which was distributed to most homes in the region. The newspaper was published under the control of a sub-committee whose members were all members of the Labour group, the majority group on the council. In an edition distributed shortly before local government elections in 1982 there was an article praising the actions of the majority group and discrediting the policies of the Conservative opposition group.
Members of the opposition group sought interim interdict of the distribution of the edition of the Lothian Clarion. It was argued that, under sec. 88 of the Local Government (Scotland) Act 1973, publication was restricted to purely factual information; and that, under sec. 63 of
the Representation of the People Act 1949, the article promoted the election of particular candidatesHeld (1) that "information" which a local authority might publish under sec. 88 of the 1973 Act was not restricted to purely factual information about decisions made, but included explanations and justifications for the decisions.
(2) That the article could reasonably be regarded as disparaging the candidates supported by the opposition group and promoting the election of candidates supported by the majority group, and that accordingly distribution of the April 1982 edition of the Lothian Clarion wouldprima facie involve a contravention of sec. 63 (1) of the 1949 Act.
D.P.P. v. LuftELR [1977] A.C. 962 followed.
R. v. Tronoh Mines Ltd.UNK [1952] 1 All E.R. 697distinguished.
(3) That the balance of convenience was in favour of interiminterdict; and interim interdict granted against the distribution of the edition of the Lothian Clarion.
Brian Alexander Meek and two others raised an action against Lothian Regional Council in which they sought interim interdict of "the defenders, through their servants or agents or otherwise, from distributing the said publication to the public resident in Lothian...
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