Barr v. The Musselburgh Merchants' Association [1911] ScotLR 102 (24 November 1911)

Barr v. The Musselburgh Merchants' Association [1911] ScotLR 102 (24 November 1911)

The communication of the blacklist among members of the association was privileged as all had a legitimate business interest in the information. There was no sufficient averment of malice to defeat the privilege. Therefore, the action was irrelevant and must be dismissed.

Citation
[1911] ScotLR 102
Parties
Pursuer: John Barr; Defenders: The Musselburgh Merchants' Association and members of committee thereof
Jurisdiction
Scotland
Judgment Date
24 November 1911
Procedural Posture
Civil Appeal (reparation/slander) / Appeal From Sheriff Court to Inner House, Court of Session
Outcome
appeal dismissed; action dismissed as irrelevant
Legal Topics
Trade Slander, Qualified Privilege, Reparation, Business Reputation, Malice in Defamation
Defamation Commercial Law Trade Slander Qualified Privilege Reparation Business Reputation Malice in Defamation

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Parties

John Barr

Pursuer

The Musselburgh Merchants' Association and members of committee thereof

Defenders

Procedural Posture

Civil Appeal (reparation/slander) / Appeal From Sheriff Court to Inner House, Court of Session

Legal Issues

  1. 1 Whether the circulation of a 'black list' by a trade association to its members constitutes actionable slander against a person named therein.
  2. 2 Whether the occasion of such communication is privileged, and if so, whether malice was sufficiently averred to defeat privilege.

Ratio Decidendi

The communication of the blacklist among members of the association was privileged as all had a legitimate business interest in the information. There was no sufficient averment of malice to defeat the privilege. Therefore, the action was irrelevant and must be dismissed.

Court Disposition

appeal dismissed; action dismissed as irrelevant

Orders

  • Appeal dismissed
  • Interlocutor of the Sheriff affirmed