Browne and Others v. D. C. Thomson & Co., Ltd [1912] ScotLR 285 (26 January 1912)

Browne and Others v. D. C. Thomson & Co., Ltd [1912] ScotLR 285 (26 January 1912)

The pursuers' averments were relevant to sustain the innuendo and to entitle them to sue for damages as individuals, as the article could be understood as referring to them and as containing defamatory imputations; these matters are for the jury to determine.

Citation
[1912] ScotLR 285
Parties
Pursuers: Most Reverend Robert Browne, Bishop of the Roman Catholic Diocese of Cloyne, and others; Defenders: D. C. Thomson & Company, Limited
Jurisdiction
Scotland
Judgment Date
26 January 1912
Procedural Posture
Civil / Interlocutory (relevancy and Allowance of Issue for Jury)
Outcome
reclaiming note refused; issue allowed to go to jury
Legal Topics
Slander, Libel, Slander of a Class, Collective and Individual Action, Innuendo, Relevancy of Averments
Defamation Tort Slander Libel Slander of a Class Collective and Individual Action Innuendo Relevancy of Averments

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Parties

Most Reverend Robert Browne, Bishop of the Roman Catholic Diocese of Cloyne, and others

Pursuers

D. C. Thomson & Company, Limited

Defenders

Procedural Posture

Civil / Interlocutory (relevancy and Allowance of Issue for Jury)

Legal Issues

  1. 1 Whether the article referred to the pursuers as individuals or only collectively
  2. 2 Whether the statements in the article were capable of bearing the alleged defamatory innuendo
  3. 3 Whether the pursuers' averments were relevant to sustain an action for slander

Ratio Decidendi

The pursuers' averments were relevant to sustain the innuendo and to entitle them to sue for damages as individuals, as the article could be understood as referring to them and as containing defamatory imputations; these matters are for the jury to determine.

Court Disposition

reclaiming note refused; issue allowed to go to jury

Orders

  • The issue as adjusted by the Lord Ordinary is allowed to proceed to jury trial.