Leon v. The Edinburgh Evening News, Ltd [1909] ScotLR 705 (13 May 1909)

Leon v. The Edinburgh Evening News, Ltd [1909] ScotLR 705 (13 May 1909)

The description of the pursuer as a 'prisoner' was inaccurate but not defamatory; the words did not impute any criminal conduct or moral blame, and the publication as a whole made clear the pursuer was acquitted. There was no issuable matter for a jury, and the action was irrelevant in law.

Citation
[1909] ScotLR 705
Parties
Pursuer: Levy Leon; Defender: The Edinburgh Evening News, Limited
Jurisdiction
Scotland
Judgment Date
13 May 1909
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
action dismissed
Legal Topics
Slander, Libel, Mis Description, Reparation, Newspaper Liability
Defamation Media Law Tort Slander Libel Mis Description Reparation Newspaper Liability

Case Brief

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Parties

Levy Leon

Pursuer

The Edinburgh Evening News, Limited

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the newspaper's use of the term 'prisoners acquitted' in reference to the pursuer, who was never apprehended or imprisoned, constitutes a libel or slander.

Ratio Decidendi

The description of the pursuer as a 'prisoner' was inaccurate but not defamatory; the words did not impute any criminal conduct or moral blame, and the publication as a whole made clear the pursuer was acquitted. There was no issuable matter for a jury, and the action was irrelevant in law.

Court Disposition

action dismissed

Orders

  • Lord Ordinary's interlocutor recalled
  • action dismissed as irrelevant