Scottish Court of Session Decisions

Charles Gray, grain merchant, Maxwell town, Dumfries, brought an action against James Wyllie, grain merchant, Loreburn Park, Dumfries, for £3000 sterling as damages for alleged slander.

The pursuer and defender were rivals in business and competed with others in buying and selling grain in Dumfries and neighbourhood, and elsewhere.

The pursuer averred—“(Cond. 2) The defender has for some time been in the habit of making and circulating certain false, malicious, and slanderous statements regarding the pursuer, which were intended to injure him, and did injure him, in his character, reputation, and business. (Cond. 3) The pursuer believes and avers that the defender has systematically slandered him to a large number of persons, his trade customers and others, with a view to destroying his business and acquiring it for himself.”

The pursuer further set forth the slanderous statements made by the defender to several persons named, and, inter alios, to Walter Edgar, and averred—“(Cond. 4) The said Walter Edgar was influenced by the defender's statements, believing them to be true, and would not thereafter trust pursuer in business. (Cond. 7) The pursuer believes and avers that the aforesaid statements upon which he has condescended are only instances in the scheme of malicious slander which the defender conceived and carried out for the purpose of destroying the pursuer's character and business… . The said statements … have greatly injured the pursuer in his feelings, reputation, character, and business credit.”

The statements complained of were innuendoed as meaning that the pursuer did not pay his debts and was dishonest in business and that it was unsafe to have business dealings with him.

Until the month of April 1903 the pursuer carried on business under his own name, and on or about the 13th of said month he transferred his business to the South of Scotland Milling Company, Limited, Dumfries, and became their principal shareholder and managing director.

After issues had been approved for the trial of the cause, and after notice of trial at the sittings had been given—the effect of which was to remove the process to the Inner House—the defender before the trial moved for a diligence to recover, inter alia “(1) The whole business books of the pursuer, including bank books and letter books for the period from January 1, 1900, down to the date of the raising of the present action, that excerpts may be taken therefrom at the sight of the commissioner of all entries therein showing or tending to show ( a) the profits of the pursuer's business during the said period, and ( b) the nature and extent of the pursuer's business transactions and his business standing with ‘certain persons named,’ all customers of the pursuer mentioned on record, or any of said parties. (2) The private books of the pursuer, including letter books, order books, diaries, and note books, during said period, that excerpts may he taken therefrom at the sight of the commissioner of all entries therein relating to the matters mentioned in article 1 hereof. (3) The whole business books, including letter books, of the South of Scotland Milling Company, Limited, Dumfries, for the period from April 1, 1903, down to the present date, that excerpts may be taken therefrom at the sight of the commissioner of all entries therein showing or tending to show ( a) the profits of the business of said company during said period, and ( b) the nature and extent of said company's transactions with the parties mentioned in article 1 hereof, or any of them… . (5) The income-tax returns made and receipts for income-tax paid by the pursuer for the years 1900–1, 1900–2, 1902–3, and by said company for the years 1902–3, 1903–4.”

The following cases were cited:— Johnston v. Caledonian Railway Company, December 22, 1892, 20 R. 222, 30 S.L.R. 222; Christie v. Craik, July 20, 1900, 2 F. 1287, 37 S.L.R. 503; Macdonald v. Hedder-wick & Sons, May 16, 1901, 3 F. 674, 38 S.L.R. 455.