Goodall v. Forbes and Others [1909] ScotLR 934 (14 July 1909)

Goodall v. Forbes and Others [1909] ScotLR 934 (14 July 1909)

The action is competent as joint responsibility for the statements may be satisfactorily tried on the approved issue; the third issue for the pursuer and the counter-issue for defender Kyle are allowed as they sufficiently raise the factual and legal questions for trial.

Citation
[1909] ScotLR 934
Parties
Pursuer: Alexander Goodall; Defender: Andrew Forbes, J.P.; Defender: Alexander Sinclair, J.P.; Defender: John Battersby, J.P.; Defender: J. Paton Maclay, J.P.; Defender: Robert Kyle
Jurisdiction
Scotland
Judgment Date
14 July 1909
Procedural Posture
Civil Action for Damages (slander) / Interlocutory Judgment on Issues and Counter Issue
Outcome
Lord Ordinary's interlocutor recalled; third issue for pursuer and counter-issue for defender Kyle approved; issues appointed for trial.
Legal Topics
Slander, Competency of Action, Privilege, Veritas (truth), Damages, Counter Issue, Joint Liability
Tort Defamation Civil Procedure Slander Competency of Action Privilege Veritas (truth) Damages +2 more

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Parties

Alexander Goodall

Pursuer

Andrew Forbes, J.P.

Defender

Alexander Sinclair, J.P.

Defender

John Battersby, J.P.

Defender

J. Paton Maclay, J.P.

Defender

Robert Kyle

Defender

Procedural Posture

Civil Action for Damages (slander) / Interlocutory Judgment on Issues and Counter Issue

Legal Issues

  1. 1 Whether the action for a lump sum against multiple defenders for slander is competent
  2. 2 Whether the statements made were defamatory and actionable
  3. 3 Whether the statements were privileged

Ratio Decidendi

The action is competent as joint responsibility for the statements may be satisfactorily tried on the approved issue; the third issue for the pursuer and the counter-issue for defender Kyle are allowed as they sufficiently raise the factual and legal questions for trial.

Court Disposition

Lord Ordinary's interlocutor recalled; third issue for pursuer and counter-issue for defender Kyle approved; issues appointed for trial.

Orders

  • Third issue for pursuer approved for trial.
  • Counter-issue for defender Robert Kyle approved for trial.