Gordon v. John Leng & Co., Ltd [1919] ScotLR 310 (14 March 1919)

Gordon v. John Leng & Co., Ltd [1919] ScotLR 310 (14 March 1919)

The Court held that the reclaiming note was competent without leave, following Little v. North British Railway Company. The pursuer's averments, including extrinsic circumstances and the effect of the statements in the context of current rumours and King's Regulations, were sufficient to entitle him to an issue for trial. The issue should include the innuendo that the statements represented the pursuer as the officer responsible for the surrender and as having failed in his duty as a soldier. The interlocutor was recalled in part, and the issue as amended was allowed.

Citation
[1919] ScotLR 310
Parties
Pursuer: Brevet-Colonel William Eagleson Gordon, V.C.; Defender: John Leng & Company, Limited
Jurisdiction
Scotland
Judgment Date
14 March 1919
Procedural Posture
Civil (reparation/slander) / Reclaiming Note (appeal) Against Interlocutor Repelling Plea to Relevancy and Assigning Diet for Adjustment of Issues
Outcome
Competency of reclaiming note sustained; interlocutor recalled in part; issue as amended allowed for trial.
Legal Topics
Slander, Innuendo, Competency of Reclaiming Note, Relevancy of Pleadings, King's Regulations Article 555, Damages for Defamation, Trial by Jury, Adjustment of Issues
Defamation Media Law Military Law Civil Procedure Slander Innuendo Competency of Reclaiming Note Relevancy of Pleadings +4 more

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Parties

Brevet-Colonel William Eagleson Gordon, V.C.

Pursuer

John Leng & Company, Limited

Defender

Procedural Posture

Civil (reparation/slander) / Reclaiming Note (appeal) Against Interlocutor Repelling Plea to Relevancy and Assigning Diet for Adjustment of Issues

Legal Issues

  1. 1 Whether a reclaiming note against an interlocutor repelling a plea to relevancy and assigning a diet for adjustment of issues is competent without leave of the Lord Ordinary
  2. 2 Whether the statements published by the defenders are capable of bearing a defamatory meaning ascribed by the pursuer, particularly with reference to military duty and public reputation
  3. 3 Whether an innuendo is required in the issue for trial

Ratio Decidendi

The Court held that the reclaiming note was competent without leave, following Little v. North British Railway Company. The pursuer's averments, including extrinsic circumstances and the effect of the statements in the context of current rumours and King's Regulations, were sufficient to entitle him to an issue for trial. The issue should include the innuendo that the statements represented the pursuer as the officer responsible for the surrender and as having failed in his duty as a soldier. The interlocutor was recalled in part, and the issue as amended was allowed.

Court Disposition

Competency of reclaiming note sustained; interlocutor recalled in part; issue as amended allowed for trial.

Orders

  • Cause put to summar roll for discussion of relevancy and adjustment of issues.
  • Issues to be lodged within eight days.