Fulton v. Stubbs, Ltd [1903] ScotLR 40_620 (30 May 1903)

Fulton v. Stubbs, Ltd [1903] ScotLR 40_620 (30 May 1903)

There is no legal obligation on creditors or their representatives to keep confidential what transpires at a meeting of creditors, and publication of such information, even if resulting in loss to the debtor, is not actionable in law unless a special relationship of confidentiality exists. The pursuer's averments did not disclose a relevant case.

Citation
[1903] ScotLR 40_620
Parties
Pursuer: Gregan Fulton; Defender: Stubbs, Limited
Jurisdiction
Scotland
Judgment Date
30 May 1903
Procedural Posture
Civil / Appeal (reclaiming Motion) From Interlocutor Dismissing Action
Outcome
appeal dismissed; action dismissed
Legal Topics
Reparation, Wrongful Publication, Confidential Information, Privilege in Publication, Creditors' Meetings
Tort Media Law Reparation Wrongful Publication Confidential Information Privilege in Publication Creditors' Meetings

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Parties

Gregan Fulton

Pursuer

Stubbs, Limited

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Interlocutor Dismissing Action

Legal Issues

  1. 1 Whether publication of information from a private creditors' meeting constitutes a legal wrong actionable in damages
  2. 2 Whether the information disclosed at such a meeting is protected as confidential or private property of the debtor

Ratio Decidendi

There is no legal obligation on creditors or their representatives to keep confidential what transpires at a meeting of creditors, and publication of such information, even if resulting in loss to the debtor, is not actionable in law unless a special relationship of confidentiality exists. The pursuer's averments did not disclose a relevant case.

Court Disposition

appeal dismissed; action dismissed

Orders

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