Pope v. Thomson & Co. [1908] ScotLR 61 (03 November 1908)

Pope v. Thomson & Co. [1908] ScotLR 61 (03 November 1908)

The pursuer's averments are relevant and entitle him to an issue; it is for the defenders to establish their defence that the article was a fair and accurate report. The omission of the result of proceedings may affect privilege, and the matter should be decided by a jury after hearing evidence.

Citation
[1908] ScotLR 61
Parties
Pursuer: Henry Richard Pope; Defender: D. C. Thomson & Company, Limited
Jurisdiction
Scotland
Judgment Date
03 November 1908
Procedural Posture
Action for Damages for Slander / Relevancy Hearing; Interlocutor Adhered; Case Sent to Trial
Outcome
Court adhered to Lord Ordinary's interlocutor; case sent to trial; expenses adhered with observation on costs.
Legal Topics
Slander, Privilege, Fair and Accurate Report, Proceedings in Court, Newspaper Liability
Defamation Media Law Reparation Slander Privilege Fair and Accurate Report Proceedings in Court Newspaper Liability

Case Brief

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Parties

Henry Richard Pope

Pursuer

D. C. Thomson & Company, Limited

Defender

Procedural Posture

Action for Damages for Slander / Relevancy Hearing; Interlocutor Adhered; Case Sent to Trial

Legal Issues

  1. 1 Whether the newspaper article constituted slander against the pursuer
  2. 2 Whether the article was a fair and accurate report of proceedings in open court
  3. 3 Whether omission of the result of proceedings forfeits privilege

Ratio Decidendi

The pursuer's averments are relevant and entitle him to an issue; it is for the defenders to establish their defence that the article was a fair and accurate report. The omission of the result of proceedings may affect privilege, and the matter should be decided by a jury after hearing evidence.

Court Disposition

Court adhered to Lord Ordinary's interlocutor; case sent to trial; expenses adhered with observation on costs.

Orders

  • Issue allowed as to whether the article falsely and calumniously represented the pursuer as guilty of adultery.
  • Question of expenses left to Auditor; pursuer's expenses not to be incurred fourfold.