Alberti v. Bernardi [1921] ScotLR 322 (03 March 1921)

Alberti v. Bernardi [1921] ScotLR 322 (03 March 1921)

The relatively trivial character of the action, as revealed by the pleadings, makes it unsuitable for jury trial; the importance of slander actions is not measured solely by damages, but the circumstances here indicate a street squabble rather than a serious imputation justifying jury trial.

Citation
[1921] ScotLR 322
Parties
Pursuer: Mrs Ida Aimarosti or Alberti; Defender: Amedo Bernardi
Jurisdiction
Scotland
Judgment Date
03 March 1921
Procedural Posture
Action of Damages for Slander / Remit From Court of Session to Sheriff Substitute; Application for Jury Trial
Outcome
case remitted to Sheriff-Substitute; jury trial refused
Legal Topics
Remit to Sheriff, Jury Trial Suitability, Sheriff Courts (scotland) Act 1907, Slander
Civil Procedure Defamation Remit to Sheriff Jury Trial Suitability Sheriff Courts (scotland) Act 1907 Slander

Case Brief

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Parties

Mrs Ida Aimarosti or Alberti

Pursuer

Amedo Bernardi

Defender

Procedural Posture

Action of Damages for Slander / Remit From Court of Session to Sheriff Substitute; Application for Jury Trial

Legal Issues

  1. 1 Whether the action of slander is suitable for jury trial under section 30 of the Sheriff Courts (Scotland) Act 1907
  2. 2 Whether the trivial character of the action makes it unsuitable for jury trial

Ratio Decidendi

The relatively trivial character of the action, as revealed by the pleadings, makes it unsuitable for jury trial; the importance of slander actions is not measured solely by damages, but the circumstances here indicate a street squabble rather than a serious imputation justifying jury trial.

Court Disposition

case remitted to Sheriff-Substitute; jury trial refused

Orders

  • The case is remitted to the Sheriff-Substitute for trial.