Hunter v. Ferguson & Co. [1906] ScotLR 43_451 (08 March 1906)

Hunter v. Ferguson & Co. [1906] ScotLR 43_451 (08 March 1906)

The articles published are reasonably capable of bearing the innuendo alleged by the pursuer, namely that he acted corruptly for his personal benefit, and thus the pursuer is entitled to an issue for trial.

Citation
[1906] ScotLR 43_451
Parties
Pursuer: Hugh Hunter; Defender: Ferguson & Company
Jurisdiction
Scotland
Judgment Date
08 March 1906
Procedural Posture
Action of Damages for Slander / Interlocutor Reclaimed Against; Issue for Trial Approved
Outcome
Court adhered to the interlocutor reclaimed against; pursuer entitled to issue for trial.
Legal Topics
Slander, Innuendo, Newspaper Articles, Public Office Misconduct
Defamation Reparation Slander Innuendo Newspaper Articles Public Office Misconduct

Case Brief

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Parties

Hugh Hunter

Pursuer

Ferguson & Company

Defender

Procedural Posture

Action of Damages for Slander / Interlocutor Reclaimed Against; Issue for Trial Approved

Legal Issues

  1. 1 Whether the articles published by the defenders are reasonably capable of bearing the innuendo alleged by the pursuer, namely that he acted corruptly for his personal benefit as a town councillor

Ratio Decidendi

The articles published are reasonably capable of bearing the innuendo alleged by the pursuer, namely that he acted corruptly for his personal benefit, and thus the pursuer is entitled to an issue for trial.

Court Disposition

Court adhered to the interlocutor reclaimed against; pursuer entitled to issue for trial.

Orders

  • Amended issue approved as issue for trial of the cause