ABSTRACT

A ‘scandalous’ pleading is one in which allegations of dishonesty, corruption or outrageous conduct are made in order to degrade an opponent, and where they are irrelevant and unnecessary. On the other hand, it has been said that ‘nothing can be scandalous which is relevant’,11 so such allegations, if relevant to an issue arising in the proceedings, will not be struck out. It is much more likely that an allegation of scandalous conduct will be held to be relevant to defamation proceedings, where a defence of justification is relied on, than in, for example, actions for personal injuries or for breach of contract.