Couper v. Lord Balfour of Burleigh [1913] ScotLR 126 (06 December 1913)

Couper v. Lord Balfour of Burleigh [1913] ScotLR 126 (06 December 1913)

The pursuer's averments, if proved, are relevant and sufficient to entitle her to a jury trial on the issues of malice and abuse of privilege, as they include allegations of deliberate falsehood, reckless disregard for truth, improper motive, and persistence in accusations after exoneration. However, the words in the third issue ('languid interest in which members of the staff lied the most') are not reasonably capable of bearing the innuendo that the pursuer lied in evidence, and thus that issue is refused.

Citation
[1913] ScotLR 126
Parties
Pursuer: Elizabeth Birnie Couper; Defender: Alexander Hugh Bruce, Baron Balfour of Burleigh
Jurisdiction
Scotland
Judgment Date
06 December 1913
Procedural Posture
Civil Delict (reparation/slander) / Interlocutory Judgment on Relevancy of Averments and Allowance of Issues for Jury Trial
Outcome
First and second issues allowed to proceed to jury trial; third issue refused; fourth and fifth issues withdrawn.
Legal Topics
Slander, Qualified Privilege, Malice, Reparation, Jury Issues, Innuendo, Abuse of Privilege
Tort/delict Defamation Civil Procedure Slander Qualified Privilege Malice Reparation Jury Issues +2 more

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Parties

Elizabeth Birnie Couper

Pursuer

Alexander Hugh Bruce, Baron Balfour of Burleigh

Defender

Procedural Posture

Civil Delict (reparation/slander) / Interlocutory Judgment on Relevancy of Averments and Allowance of Issues for Jury Trial

Legal Issues

  1. 1 Whether the pursuer's averments are relevant to infer malice and defeat qualified privilege in a slander action
  2. 2 Whether the words complained of are capable of bearing the innuendo alleged by the pursuer

Ratio Decidendi

The pursuer's averments, if proved, are relevant and sufficient to entitle her to a jury trial on the issues of malice and abuse of privilege, as they include allegations of deliberate falsehood, reckless disregard for truth, improper motive, and persistence in accusations after exoneration. However, the words in the third issue ('languid interest in which members of the staff lied the most') are not reasonably capable of bearing the innuendo that the pursuer lied in evidence, and thus that issue is refused.

Court Disposition

First and second issues allowed to proceed to jury trial; third issue refused; fourth and fifth issues withdrawn.

Orders

  • First and second issues (relating to the letters of 1 September 1911 and 11 January 1912) allowed for jury trial.
  • Third issue (relating to the innuendo in the letter of 29 April 1912) refused.