Smith v. Walker [1911] ScotLR 225 (05 December 1911)

Smith v. Walker [1911] ScotLR 225 (05 December 1911)

The words complained of are not reasonably capable of sustaining the alleged innuendo of fraudulent conduct, and in the absence of relevant averments of facts and circumstances, the action is irrelevant and must be dismissed.

Citation
[1911] ScotLR 225
Parties
Pursuer: George William Smith; Defender: James Walker
Jurisdiction
Scotland
Judgment Date
05 December 1911
Procedural Posture
Action for Damages for Slander / Inner House Appeal; Issue Approval and Dismissal
Outcome
Action dismissed as irrelevant; defender assoilzied
Legal Topics
Slander, Innuendo, Failure to Aver Facts and Circumstances, Relevancy
Reparation Defamation Slander Innuendo Failure to Aver Facts and Circumstances Relevancy

Case Brief

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Parties

George William Smith

Pursuer

James Walker

Defender

Procedural Posture

Action for Damages for Slander / Inner House Appeal; Issue Approval and Dismissal

Legal Issues

  1. 1 Whether the words complained of are capable of sustaining the alleged innuendo of fraudulent conduct
  2. 2 Whether sufficient facts and circumstances are averred to justify the innuendo

Ratio Decidendi

The words complained of are not reasonably capable of sustaining the alleged innuendo of fraudulent conduct, and in the absence of relevant averments of facts and circumstances, the action is irrelevant and must be dismissed.

Court Disposition

Action dismissed as irrelevant; defender assoilzied

Orders

  • Interlocutor of the Lord Ordinary recalled
  • Defender assoilzied