RH v MH

[3] The full nature of the defender's complaints will become apparent but I should say that at the outset that one of the complaints was in relation to a statement in the report submitted by the pursuer that the defender "was seen by Social Workers but told not to put himself at risk of further allegations merely as a precaution". By minute of amendment sent to the defender one week before the proof the pursuer sought to amend the Record by inserting an averment that that statement was "included in the report and ought not to have been. It was included in error".

[4] I should say also that that minute of amendment also covered certain material in condescendence 9.

"The Pursuer has suffered injury to his feelings, standing and professional reputation as a result of the distribution by the Defender of the false and defamatory statements. The statements caused and continue to cause distress. The Pursuer's estate agency business is well known in the Scottish Borders. The Pursuer's name is that of the business. His reputation is important to the business. At the time of reading the action it is not possible to quantify the extent of any loss to the Pursuer's earnings".

[6] The minute of amendment sought to delete the last sentence thereof and substitute therefore the following: "Any damage to his business being difficult to quantify, the Pursuer seeks solatium only".

[7] The pursuer also sought to lodge certain productions. The defender did not oppose the lodging of the productions but he objected to the minute of amendment.