Morrison v. Ritchie and Co. [1902] ScotLR 39_432 (12 March 1902)

Morrison v. Ritchie and Co. [1902] ScotLR 39_432 (12 March 1902)

The pursuers are entitled to have the issues tried by a jury because, although the words published are not prima facie defamatory, they become so when read in light of the circumstances averred (recent marriage). The publisher is liable for the defamatory import arising from such circumstances and represents the unknown sender for liability purposes. Malice need not be averred or proved where the publication is not privileged.

Citation
[1902] ScotLR 39_432
Parties
Pursuers (plaintiffs): George Morrison and Mary Tuach Mackenzie or Morrison; Defenders (defendants): John Ritchie and Company
Jurisdiction
Scotland
Judgment Date
12 March 1902
Procedural Posture
Civil Reparation (defamation/slander) / Interlocutory Appeal (reclaiming Motion) on Relevancy and Issues for Jury Trial
Outcome
Appeal dismissed; interlocutor adhered to; issues as approved by Lord Kincairney to proceed to jury trial.
Legal Topics
Defamation, Libel and Slander, Liability of Newspaper Publishers, Averment of Circumstances, Damages for Injury to Reputation
Tort Media Law Defamation Libel and Slander Liability of Newspaper Publishers Averment of Circumstances Damages for Injury to Reputation

Case Brief

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Parties

George Morrison and Mary Tuach Mackenzie or Morrison

Pursuers (plaintiffs)

John Ritchie and Company

Defenders (defendants)

Procedural Posture

Civil Reparation (defamation/slander) / Interlocutory Appeal (reclaiming Motion) on Relevancy and Issues for Jury Trial

Legal Issues

  1. 1 Whether a newspaper publisher is liable for defamatory meaning arising from published words that are not prima facie defamatory but become so in light of extrinsic circumstances.
  2. 2 Whether malice must be averred or proved in such a case.
  3. 3 Whether the pursuers are entitled to put the date of their marriage in issue to show defamatory meaning.

Ratio Decidendi

The pursuers are entitled to have the issues tried by a jury because, although the words published are not prima facie defamatory, they become so when read in light of the circumstances averred (recent marriage). The publisher is liable for the defamatory import arising from such circumstances and represents the unknown sender for liability purposes. Malice need not be averred or proved where the publication is not privileged.

Court Disposition

Appeal dismissed; interlocutor adhered to; issues as approved by Lord Kincairney to proceed to jury trial.

Orders

  • Issues as approved by the Lord Ordinary for both pursuers to be tried by jury.
  • No requirement to insert malice or exclude reference to marriage date in the issues.