M'Lintock v Stubbs, Ltd
| Jurisdiction | Scotland |
| Judgment Date | 15 October 1902 |
| Date | 15 October 1902 |
| Docket Number | No. 1. |
| Court | Court of Session |
Lord Low, Lord Justice-Clerk, Lord Young, Lord Trayner, Lord Moncreiff.
ReparationSlanderBlack ListExcerpt from Small-Debt Court BookDecree in absence.
In an action of damages by a commission-agent against the publishers of Stubbs' Weekly Gazette for publishing, under the heading of Extracts of Decrees pronounced in absence of the defenders, although appearance may have been made by them or on their behalf at the original or adjourned diet, a notice of a decree against him for 2, 0s. 10d. in the Small-Debt Court, bearing to be in absence, the pursuer averred that the notice was not complete, but omitted to set forth entries in the record of the decree in the Small-Debt Court Book which shewed that the sum sued for was 2, 5s., and that the decree for 2, 0s. 10d. was pronounced, not at the first diet but at an adjourned diet; that consequently it was not a fair and full report of the Small-Debt Court proceedings, but conveyed, and was intended to convey, to the readers of this Gazette that the pursuer was unable to pay his debts.
The pursuer maintained that the inclusion of the omitted items would have suggested to readers what he averred was the fact, viz., that the small-debt action had been brought against him, not because he would not pay his debt (a law-agent's account), but because he disputed the amount; that he had been present at a former diet of the cause and stated his objection to the amount; and that after an adjournment to consider the objection and a remit to the Auditor, it had been justified by the award of a sum smaller than the sum sued for.
Held (rev. judgment of Lord Low) that the pursuer had failed to set forth a relevant case, in respect that the excerpt published in the Gazette was an accurate representation of those items of the record in the Small-Debt Court Book which it set forth, and that the omission of the items averred by the pursuer was not to his prejudice.
Thomas Bryce M'Lintock, produce-broker and commission-agent, Dowanhill, Glasgow, raised an action of damages against Stubbs, Limited, Edinburgh.
The pursuer averred;(Cond. 5) The defenders are the proprietors and publishers of a publication entitled Stubbs' Weekly Gazette (Scotland), containing recorded protests on bills and promissory-notes, decrees in absence, sequestrations, cessios (Debtors Act, 1880), trust-deeds, &c., and dissolution of partnerships, certain Small-Debt Court decrees granted in absence, applications for appointment of executors, and new companies registered. This Gazette has a wide circulation throughout the commercial classes in the United Kingdom. It is familiarly known as The Black List. It is published weekly, and its main object is to give information to tradesmen and the mercantile community generally as to bankrupts, insolvents, and defaulters so that they may take steps to secure payment of their debts and obligations or refrain from dealing with such persons.
The pursuer further averred that a small-debt summons for 2, 5s., being the alleged amount of a business account, was served on him at the instance of Messrs St Clair Swanson & Manson, writers, Glasgow, and was called in the Sheriff Court, Glasgow, on 28th November 1901. On that date an agent attended, and stated, on the case being called, that the pursuer considered that the account was overcharged, and that he desired that it should be taxed in order that it might be ascertained what sum he was due, and that the Sheriff-substitute, on said defence being stated, remitted the account to the Auditor of Court for taxation. Parties attended before the Auditor on 4th December 1901. On the pursuer's behalf it was maintained that the said account was overcharged, and the Auditor in taxing it decreased the charges by 4s. 2d. Thereafter the Sheriff-substitute, on 5th December 1901, having considered the report by the Auditor of Court, gave decree for 2, 0s. 10d., with 6s. l0d. of expenses, in the absence of the pursuer, who was not present, because he did not intend to object to the Auditor's report, or to resist decree for the amount taxed by the Auditor. The said decree pronounced in the said small-debt action was a decree in foro in respect that litiscontestation had taken place between the parties. (Cond. 6) In their issue of the said Gazette published on 12th December 1901 the defenders falsely, calumniously, and maliciously inserted a notice of the said small-debt decree granted in favour of Messrs St Clair Swanson & Manson against the pursuer. The said notice appeared among the decrees in absence reported by them, and it is in the following terms:
Extracts from the Registers of Decrees in Absence in the Small-Debt Courts.
.........
The following are extracts of decrees pronounced in absence of the defenders though appearance may have been made by them or on their behalf at the original or adjourned diet.See Head Note.
| Court. | Date. | Amount. | Defenders. | Pursuers. |
| Lanark. | ||||
| ................. | ||||
| Glasgow. | Dec. 5 | 2 0 10 | T. B. M'Lintock, 1 Strathallan Terrace, Dowanhill, Glasgow. | St Clair Swanson & Manson, Glasgow. |
| ................. |
The said notice was calculated and intended to convey, and did convey to the readers of the said Gazette that the pursuer was a person unable to pay his debts, and that a decree in absence for 2, 0s. 10d. had been pronounced against him. The pursuer was thus held up by the defenders to the readers of the said Gazette as a person to whom traders and the public generally should not give credit. (Cond. 7) The above quoted notice in the said Gazette is not a...
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