Mackay v. Grant [1903] ScotLR 41_18 (07 November 1903)

Mackay v. Grant [1903] ScotLR 41_18 (07 November 1903)

The defender's statements on 10th December 1902 were made deliberately, in a defamatory sense, before witnesses, and without provocation; therefore, they constitute actionable slander and entitle the pursuer to damages.

Citation
[1903] ScotLR 41_18
Parties
Pursuer/respondent: Alexander Mackay; Defender/appellant: William Grant
Jurisdiction
Scotland
Judgment Date
07 November 1903
Procedural Posture
Action for Damages for Slander / Appeal From Sheriff Court to Court of Session Inner House Second Division
Outcome
appeal dismissed; judgment for pursuer
Legal Topics
Slander, Reparation, Vulgar Abuse, Rixa
Tort Defamation Slander Reparation Vulgar Abuse Rixa

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Parties

Alexander Mackay

Pursuer/respondent

William Grant

Defender/appellant

Procedural Posture

Action for Damages for Slander / Appeal From Sheriff Court to Court of Session Inner House Second Division

Legal Issues

  1. 1 Whether the words used by the defender constituted actionable slander or mere vulgar abuse uttered in rixa
  2. 2 Whether the defender's statements were made in a defamatory sense or provoked by the pursuer

Ratio Decidendi

The defender's statements on 10th December 1902 were made deliberately, in a defamatory sense, before witnesses, and without provocation; therefore, they constitute actionable slander and entitle the pursuer to damages.

Court Disposition

appeal dismissed; judgment for pursuer

Orders

  • Pursuer entitled to damages assessed at £20 sterling
  • Decern against defender for £20 sterling