M'Kechie v. Blackwood & Sons [1902] ScotLR 40_20 (21 October 1902)

The pursuer is entitled to an issue as the scheduled statements, if false, may be interpreted as imputing want of proper womanly delicacy, and thus actionable as slander. The innuendo is reasonable and the issue as amended is approved.

Citation: [1902] ScotLR 40_20
Parties: Pursuer: Helen M'Kechie; Defender: William Blackwood & Sons
Jurisdiction: Scotland
Judgment Date: 21 October 1902
Procedural Posture: Action for Damages for Slander / Interlocutor on Adjustment of Issues
Outcome: Issue approved for trial; counter-issue refused
Legal Topics: Slander, Magazine Publication, Innocence and Modesty, Innocence and Delicacy, Innuendo, Counter Issue

Defamation Reparation Media Law Slander Magazine Publication Innocence and Modesty Innocence and Delicacy Innuendo +1 more

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Parties

Helen M'Kechie

Pursuer

William Blackwood & Sons

Defender

Procedural Posture

Action for Damages for Slander / Interlocutor on Adjustment of Issues

Legal Issues

1 Whether statements published in a magazine article falsely and calumniously represented the pursuer as lacking womanly delicacy and being immodest and indecent
2 Whether such statements are actionable as slander
3 Whether an innuendo is necessary for an actionable issue

Ratio Decidendi

Court Disposition

Issue approved for trial; counter-issue refused

Orders

Approved issue for trial: Whether the statements published falsely and calumniously represent the pursuer as lacking proper womanly delicacy, to her loss, injury, and damage.
Counter-issue proposed by defenders refused.