Boal v. Scottish Catholic Printing Co., Ltd [1907] ScotLR 836 (06 July 1907)
The article is capable of bearing the innuendo that the pursuer was a person capable of appropriating charitable funds for his own purposes, and is not so plainly unreasonable as to warrant refusal of an issue; the case must go to trial for a jury to determine the meaning and effect of the statements.
- Citation
- [1907] ScotLR 836
- Parties
- Pursuer: Samuel Boal; Defender: Scottish Catholic Printing Company, Limited
- Jurisdiction
- Scotland
- Judgment Date
- 06 July 1907
- Procedural Posture
- Action of Damages for Slander / Interlocutory Decision on Relevancy and Allowance of Issue
- Outcome
- Issue allowed; case to proceed to jury trial.
- Legal Topics
- Slander, Innuendo, Newspaper Publication, Charitable Funds
Case Brief
Summary, issues, holding and outcome
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Parties
Samuel Boal
Pursuer
Scottish Catholic Printing Company, Limited
Defender
Procedural Posture
Action of Damages for Slander / Interlocutory Decision on Relevancy and Allowance of Issue
Legal Issues
- 1 Whether the published article is capable of bearing the innuendo that the pursuer was capable of appropriating charitable funds for personal use
- 2 Whether the statements are actionable as slander
Ratio Decidendi
The article is capable of bearing the innuendo that the pursuer was a person capable of appropriating charitable funds for his own purposes, and is not so plainly unreasonable as to warrant refusal of an issue; the case must go to trial for a jury to determine the meaning and effect of the statements.
Court Disposition
Issue allowed; case to proceed to jury trial.
Orders
- The pursuer is allowed an issue as to whether the article falsely and calumniously represents him as capable of appropriating charitable funds for his own purposes.
Full Case Text
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