Lawyers for British Gas have succeeded in securing a court order preventing an island blogger from writing posts which claim the firm is engaged in “unlawful” business practices.
The energy firm went to the Court of Session in Edinburgh to secure an interim interdict against Derek McPherson, a guest house operator from Stornoway.
The company believes that Mr McPherson’s blog – “British Gas: a Lawless Private Company?” – contained incorrect information which was damaging to its business.
According to a judgment issued at the Court of Session yesterday, Mr McPherson wrote a blog on May 2 which contained damaging claims.
In the blog, Mr McPherson claimed that agents for British Gas covered up “unlawful business practices”, and “provided blatantly false and dishonest information in clear violation of anti-fraud legislation throughout the UK”.
He also claimed that a lawyer working for British Gas was corrupt.
The judgment states that the blog contained claims that British Gas is engaged in “massive fraud” and is ignoring its obligations.
This information caused so much anxiety, British Gas instructed lawyers to go to the Court of Session.
And on May 13, Lady Poole agreed with submissions made by British Gas and granted interim interdict preventing Mr McPherson making incorrect claims about the business.
In the judgment, published yesterday, Lady Poole said: “In my opinion, this language, with which the existing blog is peppered, bears a defamatory meaning when objectively read.
“I do not accept that the defender has shown that the statements set out above made by him are true.
“Nor do I accept that what is written in the blog could amount to fair comment.
“There is no evidence before me of convictions in any court for fraud, theft, conspiracy or any offence of dishonesty on the part of the pursuers, in respect of the matters raised by the defender.
“Having balanced the various relevant considerations, I am of the opinion that the balance of convenience is firmly in favour of grant of interim interdict.”
It is not the first time that Mr McPherson has been involved in a legal dispute.
In 2018, he won a legal battle at Stornoway Sheriff Court against the Energy Ombudsman for mishandling a complaint he made against Scottish Gas.
In yesterday’s judgment, Lady Poole also wrote that the interim interdict being passed didn’t stop Mr McPherson from continuing to write on his blog. She said he was just unable to write anything which was defamatory.
