Joseph Evans & Sons v. John G. Stein & Co. [1904] ScotLR 42_103 (17 November 1904)

Joseph Evans & Sons v. John G. Stein & Co. [1904] ScotLR 42_103 (17 November 1904)

No actionable wrong arose under English law because the alleged defamatory communications were not published to a third party; as the locus delicti was England, and English law does not recognize an action for defamation communicated only to the person defamed, no action lies in Scotland.

Citation
[1904] ScotLR 42_103
Parties
Pursuer/applicant: Joseph Evans & Sons; Defender/respondent: John G. Stein & Company
Jurisdiction
Scotland
Judgment Date
17 November 1904
Procedural Posture
Civil—reparation (defamation/slander) / Inner House, First Division—appeal (reclaiming Note) From Lord Ordinary
Outcome
Action dismissed; defenders assoilzied (absolved) from the action.
Legal Topics
Defamation, Slander, Publication, Lex Loci Delicti, Jurisdiction, Actionable Wrong, Choice of Law
Tort/delict Conflict of Laws Defamation Slander Publication Lex Loci Delicti Jurisdiction Actionable Wrong +1 more

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Parties

Joseph Evans & Sons

Pursuer/applicant

John G. Stein & Company

Defender/respondent

Procedural Posture

Civil—reparation (defamation/slander) / Inner House, First Division—appeal (reclaiming Note) From Lord Ordinary

Legal Issues

  1. 1 Where is the locus delicti for defamatory communications sent from Scotland to England?
  2. 2 Is there an actionable wrong under English law for defamatory statements communicated only to the person defamed?
  3. 3 Does publication to clerks or telegraph officials constitute publication under English law?

Ratio Decidendi

No actionable wrong arose under English law because the alleged defamatory communications were not published to a third party; as the locus delicti was England, and English law does not recognize an action for defamation communicated only to the person defamed, no action lies in Scotland.

Court Disposition

Action dismissed; defenders assoilzied (absolved) from the action.

Orders

  • Sustained the reclaiming note (appeal).
  • Dismissed the action.