Webster v. Paterson & Sons [1910] ScotLR 307 (18 January 1910)

Webster v. Paterson & Sons [1910] ScotLR 307 (18 January 1910)

The pursuer averred sufficient facts and circumstances to infer malice, including allegations of a fraudulent and malicious scheme, and the advertisement was capable of bearing the innuendo of dishonesty. The issues were rightly approved for jury trial, but the words 'without probable cause' ought not to have been included in the issue.

Citation
[1910] ScotLR 307
Parties
Pursuer: John Webster; Defenders: R. Paterson & Sons
Jurisdiction
Scotland
Judgment Date
18 January 1910
Procedural Posture
Civil / Interlocutory Judgment on Relevancy and Approval of Issues for Jury Trial
Outcome
Issues approved for jury trial; interlocutory judgment in favour of pursuer on relevancy.
Legal Topics
Slander, Judicial Slander, Malice, Privilege, Advertising, Trade Libel
Tort Commercial Law Slander Judicial Slander Malice Privilege Advertising Trade Libel

Case Brief

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Parties

John Webster

Pursuer

R. Paterson & Sons

Defenders

Procedural Posture

Civil / Interlocutory Judgment on Relevancy and Approval of Issues for Jury Trial

Legal Issues

  1. 1 Whether the pursuer averred sufficient facts and circumstances to infer malice in a claim for judicial slander.
  2. 2 Whether the advertisement was capable of bearing the innuendo of dishonesty and actionable slander.
  3. 3 Whether the words 'without probable cause' should be included in the issue for judicial slander.

Ratio Decidendi

The pursuer averred sufficient facts and circumstances to infer malice, including allegations of a fraudulent and malicious scheme, and the advertisement was capable of bearing the innuendo of dishonesty. The issues were rightly approved for jury trial, but the words 'without probable cause' ought not to have been included in the issue.

Court Disposition

Issues approved for jury trial; interlocutory judgment in favour of pursuer on relevancy.

Orders

  • Issues allowed as framed for jury trial.
  • Court adhered to Lord Ordinary's approval of issues.