Defamation and Malicious Publication (Scotland) Act 2021

22Statements causing doubt as to title to propertyS

This section has no associated Explanatory Notes

(1)A person (B) may bring proceedings under this section against another person (A) where—

(a)A has—

(i)made a false and malicious statement about B's title to land or other property, and

(ii)published the statement to a person other than B, and

(b)the statement has caused (or is likely to cause) financial loss to B.

(2)For the purposes of subsection (1) (a) (i), a statement is malicious only if B shows—

(a)that the imputation conveyed by the statement complained of was presented as being a statement of fact (rather than a statement of opinion) and was sufficiently credible so as to mislead a reasonable person, and

(b)both—

(i)that A knew that the imputation was false or was recklessly indifferent as to the truth of the imputation, and

(ii)that A's publication of the statement was motivated by a malicious intention to delay or jeopardise a transaction involving the land or other property of B.

Commencement Information

I1S. 22 in force at 8.8.2022 by S.S.I. 2022/154, regs. 1(2), 2