Russell v Stubbs Ltd: HL 3 Apr 1913

The defenders in an action of damages for slander were the proprietors and publishers of a weekly gazette, having a large trade circulation, which contained a column entitled ‘Extracts from the Court Books of Decrees in Absence in the Small Debt Courts. Note.-The following extracts from the Court books have been received since our last issue, .made up to the several dates given in the second column. It is probable that some of the decrees have been sisted, settled, or paid; and in no case does publication of the decree imply inability to pay on the part of anyone named, or anything more than the fact that the entry published appeared in the Court books. . . We are willing at all times to insert any authentic information or explanation relative to decrees, or to correct any inaccuracy of record or otherwise.’ There followed a list giving the courts, dates, names of pursuers and defenders, and the amounts of the decrees. In the issue of a particular date there appeared in this list an entry containing the name of the pursuer as a defender against whom decree had been given. No such decree had in fact been given.
The pursuer claimed damages upon the innuendo ‘that he was unable to pay his debts.’
Held that the statement would not bear the innuendo and issue disallowed.

Lord Chancellor (Haldane), Lord Kinnear, and Lord Shaw, Lord Atkinson being present at delivering judgment
[1913] UKHL 676, 50 SLR 676
Bailii
Scotland

Defamation

Updated: 10 January 2022; Ref: scu.632743