A B v. C D [1904] ScotLR 42_37 (01 November 1904)

A B v. C D [1904] ScotLR 42_37 (01 November 1904)

Given the pursuer's professional position as a solicitor entrusted with clients' funds, the alleged statements that he was 'cleaned out and had lost his all' could reasonably be construed as injurious to his credit and reputation, making the averments relevant and entitling him to an issue for trial.

Citation
[1904] ScotLR 42_37
Parties
Pursuer: A B; Defender: C D
Jurisdiction
Scotland
Judgment Date
01 November 1904
Procedural Posture
Civil / Interlocutory Appeal (relevancy of Averments/issues)
Outcome
issues allowed; interlocutor adhered to
Legal Topics
Slander, Reparation, Injury to Professional Reputation, Commercial Credit, Defamatory Statements
Tort Defamation Slander Reparation Injury to Professional Reputation Commercial Credit Defamatory Statements

Case Brief

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Parties

A B

Pursuer

C D

Defender

Procedural Posture

Civil / Interlocutory Appeal (relevancy of Averments/issues)

Legal Issues

  1. 1 Whether the alleged statements by the defender were defamatory and actionable given the pursuer's professional position
  2. 2 Whether the pursuer's averments were relevant to entitle him to an issue for trial

Ratio Decidendi

Given the pursuer's professional position as a solicitor entrusted with clients' funds, the alleged statements that he was 'cleaned out and had lost his all' could reasonably be construed as injurious to his credit and reputation, making the averments relevant and entitling him to an issue for trial.

Court Disposition

issues allowed; interlocutor adhered to

Orders

  • The issues proposed by the pursuer were allowed to proceed to trial.