Scott v. Wilson [1900] ScotLR 37_408 (31 January 1900)

Scott v. Wilson [1900] ScotLR 37_408 (31 January 1900)

Counter-issues lacking sufficient specification or failing to directly counter the issues are inadmissible; only those counter-issues that are sufficiently precise and relevant to the issues are allowed.

Citation
[1900] ScotLR 37_408
Parties
Pursuer: James Scott; Defender: J. Havelock Wilson
Jurisdiction
Scotland
Judgment Date
31 January 1900
Procedural Posture
Action for Damages for Slander / Interlocutory Ruling on Admissibility of Counter Issues
Outcome
Counter-issues I.(1) and (2), and II.(3) disallowed; counter-issues I.(3) and II.(1), (2), (4), and (5) allowed.
Legal Topics
Slander, Veritas, Specification of Pleadings
Tort Defamation Slander Veritas Specification of Pleadings

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Parties

James Scott

Pursuer

J. Havelock Wilson

Defender

Procedural Posture

Action for Damages for Slander / Interlocutory Ruling on Admissibility of Counter Issues

Legal Issues

  1. 1 Whether counter-issues of veritas are sufficiently specified to be allowed in an action for slander
  2. 2 Whether counter-issues properly counter the issues raised by the pursuer

Ratio Decidendi

Counter-issues lacking sufficient specification or failing to directly counter the issues are inadmissible; only those counter-issues that are sufficiently precise and relevant to the issues are allowed.

Court Disposition

Counter-issues I.(1) and (2), and II.(3) disallowed; counter-issues I.(3) and II.(1), (2), (4), and (5) allowed.

Orders

  • Counter-issues I.(1) and (2), and II.(3) are disallowed.
  • Counter-issues I.(3) and II.(1), (2), (4), and (5) are allowed.