The Grand Theatre and Opera House, Glasgow, Ltd v. George Outram & Co., Ltd [1908] ScotLR 913 (23 June 1908)

The Grand Theatre and Opera House, Glasgow, Ltd v. George Outram & Co., Ltd [1908] ScotLR 913 (23 June 1908)

The heading and paragraph, read together or separately, do not bear the meaning alleged by the pursuers; no reasonable reader would conclude that an order for winding up had been pronounced or that the company was insolvent; the action is irrelevant and must be dismissed.

Citation
[1908] ScotLR 913
Parties
Pursuer: The Grand Theatre and Opera House, Glasgow, Limited; Defender: George Outram & Company, Limited
Jurisdiction
Scotland
Judgment Date
23 June 1908
Procedural Posture
Reparation (damages for Slander) / Inner House Appeal From Dismissal as Irrelevant
Outcome
action dismissed as irrelevant; court adhered to Lord Ordinary's decision
Legal Topics
Slander, Libel, Newspaper Publication, Judicial Winding Up, Innuendo, Relevancy
Defamation Reparation Slander Libel Newspaper Publication Judicial Winding Up Innuendo Relevancy

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Parties

The Grand Theatre and Opera House, Glasgow, Limited

Pursuer

George Outram & Company, Limited

Defender

Procedural Posture

Reparation (damages for Slander) / Inner House Appeal From Dismissal as Irrelevant

Legal Issues

  1. 1 Whether the heading of a newspaper paragraph falsely and maliciously represented that the pursuers' company was insolvent and that a winding-up order had been pronounced
  2. 2 Whether the heading alone or with the paragraph was actionable as slander

Ratio Decidendi

The heading and paragraph, read together or separately, do not bear the meaning alleged by the pursuers; no reasonable reader would conclude that an order for winding up had been pronounced or that the company was insolvent; the action is irrelevant and must be dismissed.

Court Disposition

action dismissed as irrelevant; court adhered to Lord Ordinary's decision

Orders

  • issue disallowed
  • action dismissed