Hunter Co. v. Stubbs Ltd [1903] ScotLR 40_681 (09 June 1903)

Hunter Co. v. Stubbs Ltd [1903] ScotLR 40_681 (09 June 1903)

The publication in Stubbs' Weekly Gazette was a false and calumnious representation that the pursuers were unable to pay their debts, and the privilege defence failed because there was a material difference between a decree in absence and a decree of consent. The damages awarded were not so excessive as to justify a new trial.

Citation
[1903] ScotLR 40_681
Parties
Pursuer: A. Hunter & Company and Adam Hunter; Defender: Stubbs Limited
Jurisdiction
Scotland
Judgment Date
09 June 1903
Procedural Posture
Civil / Motion for New Trial After Jury Verdict
Outcome
motion for new trial refused; verdict for pursuers sustained
Legal Topics
Slander, Privilege in Publication, Damages, Jury Trial, Reparation
Defamation Media Law Civil Procedure Slander Privilege in Publication Damages Jury Trial Reparation

Case Brief

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Parties

A. Hunter & Company and Adam Hunter

Pursuer

Stubbs Limited

Defender

Procedural Posture

Civil / Motion for New Trial After Jury Verdict

Legal Issues

  1. 1 Whether the publication in Stubbs' Weekly Gazette falsely and calumniously represented the pursuers as unable to pay their debts and unworthy of credit
  2. 2 Whether the publication was privileged as a fair and correct report of court proceedings
  3. 3 Whether the damages awarded were excessive

Ratio Decidendi

The publication in Stubbs' Weekly Gazette was a false and calumnious representation that the pursuers were unable to pay their debts, and the privilege defence failed because there was a material difference between a decree in absence and a decree of consent. The damages awarded were not so excessive as to justify a new trial.

Court Disposition

motion for new trial refused; verdict for pursuers sustained

Orders

  • Rule refused; verdict of jury for pursuers applied by consent