Commentary on Sections
Part 2: Malicious publication
General provision
Section 26: Damages for anxiety and distress
124.Section 26 provides that, in determining the appropriate amount of damages to award in proceedings under Part 2, the court may take into account any distress and anxiety caused to the pursuer by the statement complained of. This is a subsidiary head of recovery; it can only be factored in, as part of the general head of damages, where there has been economic loss. Also, it does not affect any other basis of claim that may be available to a pursuer in proceedings under this Part (as per subsection (2)).
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