Macmillan v Wilsons
| Jurisdiction | Scotland |
| Judgment Date | 25 October 1887 |
| Date | 25 October 1887 |
| Docket Number | No. 4. |
| Court | Court of Session |
Lord President, Lord Mure, Lord Shand, Lord Adam.
Expenses—Jury trial—Slander—Nominal damages—Court of Session Act, 1868 (31 and 32 Vict. c. 100), sec. 40.—
The 40th section of the Court of Session Act, 1868, enacts that where the pursuer in an action of damages in the Court of Session for defamation or libel recovers by the verdict of the jury less than £5, he shall not be entitled to recover from the defender any expenses unless the Judge before whom the verdict is obtained shall certify that the action was brought for vindication of character, and was, in his opinion, fit to be tried in the Court of Session.
Held that when the Judge grants such certificate the Court will give effect to his opinion, and award expenses to the pursuer.
In an action of damages for slander at the instance of Robert Macmillan against Messrs H. J. & J. Wilson, the proprietors of the Edinburgh Evening News, the jury awarded the pursuer one farthing of damages, and the pursuer now moved the Court to apply the verdict, and to find the defenders liable in expenses. An application had previously been made under the 40th section of the Court of Session Act, 1868,* to Lord Shand, who had tried the case, and his Lordship had granted a certificate that the action was brought for vindication of character, and fit to be tried in the Court of Session.
The defenders opposed the motion...
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