Hook v. M'Callum [1905] ScotLR 42_399 (25 February 1905)

Hook v. M'Callum [1905] ScotLR 42_399 (25 February 1905)

Where a pursuer seeks a lump sum of damages against two defenders for separate slanders committed independently by each, the action is incompetent as per Barr v. Neilsons. Approval or adoption of a slander by a spouse after the fact does not make them jointly liable for the original slander uttered by the other spouse.

Citation
[1905] ScotLR 42_399
Parties
Pursuer: Marion Weston Hook (with consent and concurrence of her father Robert Hook); Defender: Mrs Margaret M'Callum; Defender: James Y. M'Callum
Jurisdiction
Scotland
Judgment Date
25 February 1905
Procedural Posture
Civil Appeal (reparation/defamation) / Reclaiming Motion (appeal) From Lord Ordinary's Dismissal
Outcome
appeal dismissed; action dismissed as incompetent
Legal Topics
Defamation, Competency of Action, Joint and Several Liability, Damages
Civil Procedure Tort/delict Defamation Competency of Action Joint and Several Liability Damages

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Parties

Marion Weston Hook (with consent and concurrence of her father Robert Hook)

Pursuer

Mrs Margaret M'Callum

Defender

James Y. M'Callum

Defender

Procedural Posture

Civil Appeal (reparation/defamation) / Reclaiming Motion (appeal) From Lord Ordinary's Dismissal

Legal Issues

  1. 1 Is an action for a lump sum of damages against husband and wife conjunctly and severally for separate slanders competent?
  2. 2 Does subsequent approval or adoption of a slander by a spouse make them jointly liable for the original slander?

Ratio Decidendi

Where a pursuer seeks a lump sum of damages against two defenders for separate slanders committed independently by each, the action is incompetent as per Barr v. Neilsons. Approval or adoption of a slander by a spouse after the fact does not make them jointly liable for the original slander uttered by the other spouse.

Court Disposition

appeal dismissed; action dismissed as incompetent

Orders

  • The Court adhered to the Lord Ordinary's judgment dismissing the action.