PRO-independence blogger Stuart Campbell's appeal against Kezia Dugdale is to be held virtually due to the coronavirus pandemic.
Campbell, who runs the website Wings Over Scotland attempted to sue the former Scottish Labour leader last year in a £25,000 defamation action after she accused him of writing “homophobic tweets” in her Daily Record column.
But following a three-day hearing at Edinburgh Sheriff Court, Sheriff Nigel Ross ruled Dugdale did not have to pay damages.
He found that although she was incorrect to imply Campbell was a homophobe in her Daily Record column, the article was covered by the defence of fair comment.
He later ordered Campbell to pay Dugdale’s full legal expenses – plus a 50% “uplift”.
Campbell’s appeal against the decision will be heard in the Inner House of the Court of Session tomorrow.
A court spokeswoman said it will be "the first virtual court hearing in Scotland where the three judges, clerk and the representatives for each party will be in different locations".
The unusual set up is part of measures to deal with the coronavirus crisis.
The legal row centres on a tweet Campbell, 51, sent in March 2017.
Campbell had tweeted: “Oliver Mundell is the sort of public speaker that makes you wish his dad had embraced his homosexuality sooner.”
Mundell’s father, former Scottish Secretary David Mundell, had come out as gay in January 2016.
Dugdale wrote that she was “shocked and appalled” about what she described as “homophobic tweets”.
Campbell strongly denied his post was homophobic, describing it as "satirical criticism" of Oliver Mundell’s public speaking acumen.
Dugdale added that “such comments are of course not unique to the man who tweets as Wings Over Scotland”, saying the account “spouts hatred and homophobia towards others”.
Sheriff Ross ruled: “Despite incorrectly implying that Mr Campbell is homophobic, [Dugdale’s] article is protected under the principle of fair comment.
“She is not liable to pay damages to Mr Campbell.”
He said Campbell had suffered “no quantifiable financial or other loss as a result of the article”, and the value of any loss “would have been quantified at £100”.
Dugdale later said she was “as close to a breakdown” as she has ever been during the defamation battle.
Speaking at the Edinburgh Festival Fringe, the former MSP said she feared losing everything when the Labour Party decided to withdraw its funding for her defence.
She is now director of the John Smith Centre for Public Service at Glasgow University.
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