Lever Brothers, Ltd v. The Daily Record, Glasgow, Ltd [1909] ScotLR 725 (13 May 1909)

Lever Brothers, Ltd v. The Daily Record, Glasgow, Ltd [1909] ScotLR 725 (13 May 1909)

The pursuer is not entitled to alternative or cumulative issues of dishonesty and exposure to public odium and contempt. If the statements do not amount to an imputation of dishonesty, they are no more than fair comment and not actionable. The first issue suffices to try the true question between the parties.

Citation
[1909] ScotLR 725
Parties
Pursuer: Lever Brothers, Limited; Defender: The Daily Record, Glasgow, Limited
Jurisdiction
Scotland
Judgment Date
13 May 1909
Procedural Posture
Civil / Reclaiming Note (appeal) Against Lord Ordinary's Interlocutor Disallowing Second Issue
Outcome
appeal dismissed; court adhered to Lord Ordinary's decision
Legal Topics
Slander, Verbal Injury, Fair Comment, Public Odium and Contempt, Jury Issues
Defamation Reparation Slander Verbal Injury Fair Comment Public Odium and Contempt Jury Issues

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Lever Brothers, Limited

Pursuer

The Daily Record, Glasgow, Limited

Defender

Procedural Posture

Civil / Reclaiming Note (appeal) Against Lord Ordinary's Interlocutor Disallowing Second Issue

Legal Issues

  1. 1 Whether pursuer is entitled to an issue on exposure to public odium and contempt in addition to dishonesty
  2. 2 Whether statements not amounting to slander but exposing to public contempt are actionable

Ratio Decidendi

The pursuer is not entitled to alternative or cumulative issues of dishonesty and exposure to public odium and contempt. If the statements do not amount to an imputation of dishonesty, they are no more than fair comment and not actionable. The first issue suffices to try the true question between the parties.

Court Disposition

appeal dismissed; court adhered to Lord Ordinary's decision

Orders

  • First issue (dishonesty) approved for jury; second issue (public odium and contempt) disallowed