Hunter v. Russell [1901] ScotLR 38_420 (01 March 1901)

The terms of the defender's apology and retraction are equivalent to a verdict in favour of the pursuer, entitling him to expenses up to the date of acceptance of the tender.

Citation: [1901] ScotLR 38_420
Parties: Pursuer: Rev. George Hunter; Defender: James Russell
Jurisdiction: Scotland
Judgment Date: 01 March 1901
Procedural Posture: Action of Damages for Slander / Motion for Expenses After Minute of Tender and Acceptance
Outcome: Action dismissed in respect of the minute of tender and acceptance thereof.
Legal Topics: Slander, Reparation, Apology, Expenses

Tort Defamation Slander Reparation Apology Expenses

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Parties

Rev. George Hunter

Pursuer

James Russell

Defender

Procedural Posture

Action of Damages for Slander / Motion for Expenses After Minute of Tender and Acceptance

Legal Issues

1 Whether the pursuer is entitled to expenses after acceptance of an apology and retraction in a slander action

Ratio Decidendi

The terms of the defender's apology and retraction are equivalent to a verdict in favour of the pursuer, entitling him to expenses up to the date of acceptance of the tender.

Court Disposition

Action dismissed in respect of the minute of tender and acceptance thereof.

Orders

Pursuer found entitled to expenses in both Courts to the date of acceptance of the tender.