We’ve just received the verdict in the hearing over costs in our court case against Kezia Dugdale, and it’s an incomprehensible one. The sheriff has awarded costs in full to Dugdale, plus a 50% “uplift” mainly on the grounds of the “complexity” of the case, despite Dugdale having employed the services of perhaps Scotland’s highest-paid specialist defamation QC.
Full costs were awarded despite the sheriff having found that the core complaint on which the case was brought – namely that Dugdale had unjustly defamed me with a damaging and wholly false claim that I was a homophobe – was in fact wholly upheld, and that I had indeed been so defamed.
No explanation was given with regard to the supposed complexities from which the uplift arose. The case was in fact a quite straightforward one in defamation terms: an allegation was made, no supporting facts were provided for it and it was found to be entirely false, but the defender was excused liability on the grounds of honest belief – despite being unable to provide the sheriff with any rational basis for that belief.
That’s just about the bare minimum of complexity that could ever possibly exist in a defamation case, and readers might understandably feel that it ought to have been well within the normal skill set of the defender’s representatives, particularly given that the document comprising the entire core of the case was a single tweet of less than 140 characters.
Apparently if you’re a lawyer who’s been paid tens of thousands of pounds to debate a single tweet you also deserve a 50% bonus by way of extra compensation for all the stress and trauma of, um, doing your normal job.
Kezia Dugdale at no point before, during or after the case apologised for or withdrew her remarks – indeed, after our initial complaint she repeated and expanded them, leaving us with no remedy but to pursue the matter in court, and to compete as best we could with the astronomical sums spent on Dugdale’s defence by external parties and approved by the court even though the sum being sued for was relatively modest.
We don’t yet have a final bill, but we expect it to be in the rough vicinity of £100,000 as previously advised. We’ve already polled readers on their desired response in that event, and received an overwhelming majority of 9:1 in favour of filing an appeal against the substantive judgement on the case.
(The verdict on expenses cannot in practice be appealed itself, but were a substantive appeal to be successful the expenses verdict would automatically be overturned.)
We intend to carry out that decision, but any further views are welcomed.
