Boal v. Scottish Catholic Printing Co., Ltd [1908] ScotLR 476 (27 February 1908)

Boal v. Scottish Catholic Printing Co., Ltd [1908] ScotLR 476 (27 February 1908)

Following Watt v. Watt, the Court held that both parties' consent is required to restrict jury damages and refuse a new trial. On the facts, the damages were excessive, and with both parties' consent, the award was reduced to £125.

Citation
[1908] ScotLR 476
Parties
Pursuer: Samuel Boal; Defender: Scottish Catholic Printing Company, Limited
Jurisdiction
Scotland
Judgment Date
27 February 1908
Procedural Posture
Civil Reparation (slander) / Post Jury Verdict; Motion for New Trial on Ground of Excess Damages
Outcome
Damages reduced by consent; new trial refused; expenses awarded to pursuer except for motion for new trial.
Legal Topics
Slander, Damages, Jury Trial, New Trial, Court's Power to Restrict Damages
Tort Defamation Slander Damages Jury Trial New Trial Court's Power to Restrict Damages

Case Brief

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Parties

Samuel Boal

Pursuer

Scottish Catholic Printing Company, Limited

Defender

Procedural Posture

Civil Reparation (slander) / Post Jury Verdict; Motion for New Trial on Ground of Excess Damages

Legal Issues

  1. 1 Whether the Court can restrict the amount of damages awarded by a jury and refuse a new trial without the consent of both parties
  2. 2 Whether the damages awarded for slander were excessive

Ratio Decidendi

Following Watt v. Watt, the Court held that both parties' consent is required to restrict jury damages and refuse a new trial. On the facts, the damages were excessive, and with both parties' consent, the award was reduced to £125.

Court Disposition

Damages reduced by consent; new trial refused; expenses awarded to pursuer except for motion for new trial.

Orders

  • Damages restricted to £125 by consent of both parties.
  • Pursuer entitled to expenses except those related to the motion for new trial.