Ellis v. The National Free Labour Association and Others [1905] ScotLR 42_495 (12 May 1905)

Ellis v. The National Free Labour Association and Others [1905] ScotLR 42_495 (12 May 1905)

The Court held that the proper issue for jury trial is whether the letter was written by the secretary within the scope of his employment, and that production of the letter is not a prerequisite to allowing the issue. The Court further held that the statements in the pamphlet do not reasonably bear the innuendo of theft or criminal dishonesty and thus issues based on that innuendo should be disallowed.

Citation
[1905] ScotLR 42_495
Parties
Pursuer/respondent: William Ellis; Defenders/reclaimers: The National Free Labour Association and Others
Jurisdiction
Scotland
Judgment Date
12 May 1905
Procedural Posture
Civil / Interlocutory Appeal on Issues for Jury Trial
Outcome
Issues 4 and 5 disallowed; issue 3 reformulated and allowed; interlocutor of Lord Ordinary varied accordingly.
Legal Topics
Slander, Defamation, Master and Servant Liability, Scope of Employment, Pleadings and Issues
Tort Employment Law Slander Defamation Master and Servant Liability Scope of Employment Pleadings and Issues

Case Brief

Summary, issues, holding and outcome

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Parties

William Ellis

Pursuer/respondent

The National Free Labour Association and Others

Defenders/reclaimers

Procedural Posture

Civil / Interlocutory Appeal on Issues for Jury Trial

Legal Issues

  1. 1 Whether the association is liable for a slanderous letter written by its secretary allegedly within the scope of his employment
  2. 2 Whether production of the alleged defamatory letter is a condition precedent to allowing an issue for jury trial
  3. 3 Whether statements in a circulated pamphlet bear the innuendo of theft or dishonest appropriation as alleged by the pursuer

Ratio Decidendi

The Court held that the proper issue for jury trial is whether the letter was written by the secretary within the scope of his employment, and that production of the letter is not a prerequisite to allowing the issue. The Court further held that the statements in the pamphlet do not reasonably bear the innuendo of theft or criminal dishonesty and thus issues based on that innuendo should be disallowed.

Court Disposition

Issues 4 and 5 disallowed; issue 3 reformulated and allowed; interlocutor of Lord Ordinary varied accordingly.

Orders

  • Issue 3 to be tried in the form: 'Whether on or about 15th March 1904 the defenders by their general secretary and manager wrote and despatched to Mr— the letter printed No. 2 in the appendix. Whether the statements in said letter are of and concerning the pursuer, and are false and calumnious, and were made...
  • Issues 4 and 5 (relating to the pamphlet and innuendo of theft) disallowed.