Mazure v. Stubbs Ltd [1918] ScotLR 765 (20 July 1918)

Mazure v. Stubbs Ltd [1918] ScotLR 765 (20 July 1918)

The publication of a false entry in the defenders' trade gazette, stating that a decree in absence had been pronounced against the pursuer, was defamatory as it reasonably implied that the pursuer was given to refusing or delaying payment of debts and was not a person to whom credit should be given. The explanatory note did not negate this innuendo. The pursuer substantiated the innuendo by evidence, and the defenders were liable for damages.

Citation
[1918] ScotLR 765
Parties
Pursuer: Samuel David Mazure; Defender: Stubbs Limited
Jurisdiction
Scotland
Judgment Date
20 July 1918
Procedural Posture
Action of Damages for Slander/defamation / Inner House Appeal (reclaiming Note) From Lord Ordinary's Judgment After Proof
Outcome
Appeal (reclaiming note) refused; judgment for pursuer affirmed.
Legal Topics
Defamation, Slander, Reparation, Innuendo, Publication of False Information, Credit Reputation
Tort Media Law Defamation Slander Reparation Innuendo Publication of False Information Credit Reputation

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Parties

Samuel David Mazure

Pursuer

Stubbs Limited

Defender

Procedural Posture

Action of Damages for Slander/defamation / Inner House Appeal (reclaiming Note) From Lord Ordinary's Judgment After Proof

Legal Issues

  1. 1 Whether the publication of a false entry in a trade gazette that a decree in absence had been pronounced against the pursuer is defamatory
  2. 2 Whether the innuendo that the pursuer was given to or had begun to refuse or delay to make payment of his debts and was not a person to whom credit should be given is justifiable and substantiated
  3. 3 Whether the explanatory note in the gazette excludes defamatory meaning

Ratio Decidendi

The publication of a false entry in the defenders' trade gazette, stating that a decree in absence had been pronounced against the pursuer, was defamatory as it reasonably implied that the pursuer was given to refusing or delaying payment of debts and was not a person to whom credit should be given. The explanatory note did not negate this innuendo. The pursuer substantiated the innuendo by evidence, and the defenders were liable for damages.

Court Disposition

Appeal (reclaiming note) refused; judgment for pursuer affirmed.

Orders

  • Defenders to pay £50 in damages to the pursuer.