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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Powell v. Long [1896] ScotLR 33_693 (3 July 1896) URL: http://www.bailii.org/scot/cases/ScotCS/1896/33SLR0693.html Cite as: [1896] ScotLR 33_693, [1896] SLR 33_693 |
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Page: 693↓
(Ante, p. 380—February 25, 1896.)
In an action of damages for slander by an undischarged bankrupt, the Court, after issues had been adjusted, ordained the pursuer to find caution for expenses.
In this case the First Division on February 25th 1896 adjusted issues for the trial (see ante, p. 380). The pursuer was an undischarged English bankrupt.
On 26th June the defender made a motion that the pursuer should be ordained to find caution for expenses before proceeding with the action. He averred that the pursuer had incurred considerable debts in Glasgow, and had gone away leaving no address. The Court ordered intimation of the motion to be made to the pursuer. This was accordingly done by registered letters addressed to the pursuer's last known address, but the letters were returned unopened. On 3rd July the defender renewed
Page: 694↓
his application that the pursuer should be ordained to find caution.
Lord President—The pursuer is an undischarged English bankrupt, and the question is, whether he should be allowed to proceed in the action without finding caution. It is necessary for the determination of that question to consider the circumstances of the case and the nature of the action. On a recent occasion we had to give careful consideration to the quality of this action of damages for slander, and we were not favourably impressed with its bona fides, as intended for the vindication of the pursuer's character from the charges which had been made against him. Taking advantage of his technical right to sue on certain isolated charges, he did not face up to the real attack made upon his character. I mention this in consequence of our obligation to consider the nature of the pursuer's claims in his action. We are also aware of the recent occasions when, on questions as to the time for trying this action, the pursuer has evinced no eagerness to meet the jury. We are now told that he has left Glasgow in debt, and without leaving an address.
Accordingly, in the whole circumstances, I think this is a case in which we should ordain the pursuer to find caution within eight days.
The Court ordered caution to be found by the pursuer within eight days.
Counsel for the Defender— Crabb Watt. Agents— Cuthbert & Marchbank, S.S.C.
