H. v. V [1905] ScotLR 43_258 (14 December 1905)

H. v. V [1905] ScotLR 43_258 (14 December 1905)

Averments of the pursuer's alleged misconduct with men other than the defender are irrelevant to the issue of whether the pursuer committed adultery with the defender and should be deleted from the record. The strict rule of relevancy is not relaxed in slander actions as it is in matrimonial cases. Such averments are not admissible as adminicles of proof, in mitigation of damages, or to test credibility beyond cross-examination, where the defender is bound by the answer.

Citation
[1905] ScotLR 43_258
Parties
Pursuer: Mrs H.; Defender: Mr P.
Jurisdiction
Scotland
Judgment Date
14 December 1905
Procedural Posture
Civil (reparation/slander) / Appeal (reclaiming Motion) From Interlocutor of Lord Ordinary
Outcome
appeal dismissed; interlocutor adhered to
Legal Topics
Slander, Reparation, Admissibility of Evidence, Mitigation of Damages, Relevancy of Averments
Tort Defamation Slander Reparation Admissibility of Evidence Mitigation of Damages Relevancy of Averments

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Parties

Mrs H.

Pursuer

Mr P.

Defender

Procedural Posture

Civil (reparation/slander) / Appeal (reclaiming Motion) From Interlocutor of Lord Ordinary

Legal Issues

  1. 1 Whether averments of misconduct by the pursuer with men other than the defender are relevant and admissible in a slander action based on an allegation of adultery between pursuer and defender.
  2. 2 Whether such averments can be admitted as adminicles of proof, in mitigation of damages, or to test credibility.

Ratio Decidendi

Averments of the pursuer's alleged misconduct with men other than the defender are irrelevant to the issue of whether the pursuer committed adultery with the defender and should be deleted from the record. The strict rule of relevancy is not relaxed in slander actions as it is in matrimonial cases. Such averments are not admissible as adminicles of proof, in mitigation of damages, or to test credibility beyond cross-examination, where the defender is bound by the answer.

Court Disposition

appeal dismissed; interlocutor adhered to

Orders

  • Averments in articles 7 and 8 of defender's statement of facts to be deleted from the record.
  • Defender's reclaiming motion refused.