Bayne & Thomson v. Stubbs Ltd [1901] ScotLR 38_308 (29 January 1901)

Bayne & Thomson v. Stubbs Ltd [1901] ScotLR 38_308 (29 January 1901)

The Court held that the communication by the defenders to their subscriber was prima facie privileged as it was a confidential response to a legitimate inquiry about the pursuers' credit. However, the pursuers were entitled to an issue at trial, provided malice was included, as the pleadings disclosed a relevant case of slander in trade.

Citation
[1901] ScotLR 38_308
Parties
Pursuer: Bayne & Thomson; Defender: Stubbs Limited
Jurisdiction
Scotland
Judgment Date
29 January 1901
Procedural Posture
Reparation (slander/defamation) / Interlocutory Appeal on Relevancy and Privilege, Issue Adjustment Prior to Trial
Outcome
Interlocutor recalled; defenders' first plea-in-law repelled; issue as amended (including malice) appointed for trial.
Legal Topics
Trade Slander, Qualified Privilege, Malice, Confidential Communications
Tort Defamation Commercial Law Trade Slander Qualified Privilege Malice Confidential Communications

Case Brief

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Parties

Bayne & Thomson

Pursuer

Stubbs Limited

Defender

Procedural Posture

Reparation (slander/defamation) / Interlocutory Appeal on Relevancy and Privilege, Issue Adjustment Prior to Trial

Legal Issues

  1. 1 Whether the statements made by the defenders in a confidential report to a subscriber constitute actionable slander of the pursuers' trade credit
  2. 2 Whether the communication was privileged, requiring proof of malice
  3. 3 Whether the pleadings disclosed a relevant case for trial

Ratio Decidendi

The Court held that the communication by the defenders to their subscriber was prima facie privileged as it was a confidential response to a legitimate inquiry about the pursuers' credit. However, the pursuers were entitled to an issue at trial, provided malice was included, as the pleadings disclosed a relevant case of slander in trade.

Court Disposition

Interlocutor recalled; defenders' first plea-in-law repelled; issue as amended (including malice) appointed for trial.

Orders

  • The issue for trial to include whether the statements were false, calumnious, and malicious.
  • Case to proceed to trial on the amended issue.