Land Matters

On 20 March 2017, I was served with a summons by Wildcat Haven Enterprises CIC claiming that I had defamed them and seeking damages of £750,000 (now £810,000 with 8% interest). The allegations relate to two blogs I published in September 2015 and February 2016. See previous blogs for further details. I deny all the allegations made against me.

I am extremely grateful to all those who donated to the crowdfunder I launched in April 2017. I have now had the income and expenditure audited and a Statement is available here (with signature redacted). Of a total of £59,153.71 raised, I incurred costs to 13 May 2018 of £30,871.62 leaving a current surplus of £28,282.09.

An 8 day trial has been scheduled for 15-18 October and 22-25 October 2019. Estimated costs to defend myself are in the region of £100,000 – £150,000 and I plan to launch a further crowdfunder in Spring 2019.

One year ago, on 20 March 2017, I was served with a summons by Wildcat Haven Enterprises CIC claiming that I had defamed them and seeking damages of £750,000 (now £810,000 with 8% interest) . The allegations relate to two blogs I published in September 2015 and February 2016.

For the past year, the pursuer and myself have been adjusting the pleadings and the defence. This process is now complete and a date for a hearing will hopefully be agreed by the Court of Session soon though the date itself may well be a year or more away.

Wildcat Haven Enterprises CIC claims that statements that I made in the two blogs are defamatory. I do not accept that they are. I cannot divulge the nature of those statements or the specific complaint being made since, to do so, would be to risk repeating the alleged defamation. The contents of the 28 page closed record of pleadings and answers will be available once the proof is underway.

The estimated duration of the hearing is 8 days. I will need around £120,000 to defend myself and will be launching a second crowdfunder at the beginning of May.

I am very grateful indeed to all those who donated to the first crowdfunder launched on 19 April 2017. In early May I will publish an audit of the accounts.

Finally, the Scottish Law Commission has published a Report and Draft Bill on defamation law. Reform is urgently needed and the Scottish Government has the opportunity to commit to bring forward legislation in the Programme for Government to be announced in September 2018. If no such plans are announced, I will consider bringing forward the SLC’s draft bill as a proposed members bill.

Previous updates on the case can be found here.

Thank you to all who have donated to my crowdfunder. I have just worked out how to download donor details and will be emailing you all directly within the next few days.

It is now evidence that these proceedings are highly likely to proceed to a proof before the Court of Session lasting around 8 days. Accordingly, the costs are now estimated in the region of £150,000. If I win, I can anticipate recouping around 60% of this (£90,000). If I lose (even on a very minor defamation), I will be due to pay all of these costs plus very possibly those of the pursuer. In that latter event I will certainly be bankrupt.

I am setting a stretch target of £50,000 for the remainder of this crowdfunder (until min-June) and will then probably launch another one later in 2017. My defences have to be lodged by Friday 5 May. I will publish further updates as maters proceed.

The crowdfunder together with an explanation of what the funds are to be sued for can be found at www.crowdfunder.co.uk/awdefamation