Important Notice: Our web hosting provider recently started charging us for additional visits, which was unexpected. In response, we're seeking donations. Depending on the situation, we may explore different monetization options for our Community and Expert Contributors. It's crucial to provide more returns for their expertise and offer more Expert Validated Answers or AI Validated Answers. Learn more about our hosting issue here.

might the courts of Scotland or some other third country hear an action for damages?

0
Posted

might the courts of Scotland or some other third country hear an action for damages?

0

In European and Commonwealth jurisdictions, and hence Scotland, the answer is probably “yes, if anyone in the jurisdiction read it”; in an American state, the answer would probably be “no, unless this is really of concern in this state”. Berezovsky v Forbes [2000] 2 All ER 986 (HL) [2000] 1 WLR 1004, is the leading UK decision; it was held by the House of Lords that a defamation action by a Russian magnate against an American magazine was properly brought in London, on the basis of its 0.2% circulation in England; it is pointed out that if the action was brought in England it followed that damages were in principle only for the loss in England. There is no real doubt that that reflects the law of Scotland; indeed Lord Hope refers in Berezovsky to Scots authority, Longworth v. Hope (1865) 3 M. 1049, quoting this passage: “According to our law, the sending of a single copy to any individual in Scotland, even if it were only to the [pursuer] herself, would be publication sufficient to fou

Related Questions

What is your question?

*Sadly, we had to bring back ads too. Hopefully more targeted.

Experts123