Strategic Lawsuits Against Public Participation (SLAPPs)

Section 4

After a motion under Section 1 is made, the court may, without prejudice to the right to access to justice, require that the respondent provide security for the estimated expenses of the proceedings, which may include the expenses of legal representation incurred by the applicant, and damages.

Section 5

If the court, pursuant to Section 1 dismisses the proceedings in whole or in part, the applicant is entitled to expenses on the motion and in the main proceeding on a full indemnity basis, unless the court determines that such an award is not appropriate in the circumstances.

Section 7

(1) If the court, pursuant to Section 1 dismisses the proceedings in whole or in part, the court may make an award of damages against the respondent unless the judge determines that such an award is not appropriate in the circumstances

(2) In determining the appropriate amount of damages to award, the court may take into account any distress and anxiety caused to the applicant.

(3) This section does not limit any other basis of claim for damages or remedy that may be available.

Section 6

If the court, pursuant to Section 1 dismisses the proceedings in whole or in part, the respondent is not entitled to expenses on the motion or the main proceedings, unless the court determines that such an award is appropriate in the circumstances.

Section 8

If the court, pursuant to Section 1 dismisses the proceedings in whole or in part, the court may impose effective, proportionate and dissuasive penalties on the party who brought the abusive court proceedings against public participation.

Section 10

A court seised of court proceedings brought against natural or legal persons on account of their engagement in public participation shall grant leave to intervene to associations, organisations, trade unions and other entities which have a legitimate interest in safeguarding or promoting the rights of persons engaging in public participation, where the applicant so approves.

Section 11

The recognition and enforcement of a foreign judgment in Scotland in court proceedings against public participation shall be refused if those proceedings are considered abusive under Section 1 of this Act.

Section 12

A natural or legal person may be sued in Scotland in matters relating to claims for damages incurred by a natural or legal person domiciled in Scotland in connection with abusive court proceedings against public participation brought before a foreign court.