The Right Hon. Lukev White, Baron Annaly v The Trade Auxiliary Company Ltd

• Jurisdiction: Ireland
• Judgment Date: 01 May 1890
• Date: 01 May 1890
• Docket Number: (1888 — N. No. 123.),(1888 — N, No. 123.)
• Court: Exchequer Division (Ireland)

Ex. Div.

(1888 — N, No. 123.)

THE RIGHT HON. LUKEV WHITE, BARON ANNALY

and

THE TRADE AUXILIARY CO.(LIMITED).

Williams v. Smith & GreenwoodELR 22 Q. B. Div. 134.

Casgrare v. The Trade auxiliary Co.UNK Ir. R. 8 C. L. 349.

M'Nally v. OldhamUNK 16 Ir. C. L. R. 298.

Fleming v. Newton 1 H. L. Cas. 363.

Williams v. smith & GreenwoodELR 22 Q. B. Div. 134.

M'Nally v. OldhamUNK 16 Ir. C. L. R. 298.

Cosgrave v. The Trade AuxiliaryUNK Ir. R. 8 C. L. 349.

Fleming v. Newton 1 H. L. Cas 363.

Williams v. SmithELR 22 Q. B. Div. 134.

M'Nally v. OldhamUNK 16 Ir. C. L. R. 298.

Fleming v.Newton 1 H. L. Cas. 363.

Libel Publication of judgment —— Privilege.

VOL. XXVI.] Q. B. & EX. DIVISIONS. 11 but as this question is a technical one, the decision of which, Ex. Dir. according to my view, is not necessary for the purposes of this 1890. application, I think it better, in a case like the present, in which Ex parte CLARK E. no appeal lies, to refrain, as I do, from giving an express decision upon it. Upon the other ground, I am of opinion that a writ of habeas corpus ad subjiciendum should go, and that an order for its issue should be made accordingly. [The prisoner was discharged, the Crown not requiring the writ of habeas corpus to be actually issued.] Solicitor for the prisoner : J Williamson. Solicitor for the Crown : T. C. Dickie. 'THE RIGHT HON. LUKE WHITE, BARON ANNALY v. THE TRADE AUXILIARY CO. (LIMITED). (1888-N. No. 123.) Libel - Publication of judgment - Error in registration under Judgments Extension Act-Privilege. A judgment was obtained in England against A., as executor of his deceased father. In registering the judgment in Ireland, under the Judgments ExtenÂsion Act, 1868, the registered memorandum, by mistake, described the judgÂment as recovered against A. personally, and the particulars of the judgment so registered were published in the publication known as Stubbs' Gazette, which is issued weekly, for the assistance of bankers, merchants, traders, and others against risk and fraud. In an action for libel brought by A. against the proprietors of the Gazette, there being no evidence that the defendants had notice of the error, or acted with malice:- Held, that the publication was privileged, and that the defendants were •entitled to a verdict. CAUSE SHOWN against entering judgment for the defendants. The action was brought against the defendants, who were the proprietors of Stubbs' Weekly Gazette, to recover-damages for libel. 12 LAW REPORTS (IRELAND). [L. R. I. Ex. Div. The following were the material paragraphs of the statement of 1889. claim :- ANNALY Par. 2. The defendants, on the 12th December, 1888, falsely TRADE and. maliciously wrote and published, and also printed and pub AUXILIARY Co. fished, of the plaintiff in the defendants' said publication, purportÂing to contain, amongst other things, a list of the judgments then recently registered in England and Ireland, a statement in the words, letters, and figures following :- BONDS AND JUDGMENTS. County. Defendants. Plaintiffs. Court. Date. Reg. Amount. Costs. £ s. d. 4 s. d. Dublin. Annaly, Baron, Woodlands, Clonsilia. Life Associatn. of Scotland 5,Lombard-st., London. Q. B. i888. Sept. so. x888. Dee.6. 1526 3 6 v6 6 2 Par. 3. Repeating the allegations in par. 2, with the following innuendo :-" Meaning thereby that the said Life.Association of Scotland had, on the 20th September, 1888, recovered a judgment against the plaintiff personally, in the Queen's Bench Division of the High Court of Justice at Westminster, for the sum of £1526 3,. 6r1., and £16 6s. 2d. costs, and that the said judgment was an existing liability against the plaintiff's estate and effects, and that the said Life Association of Scotland were the creditor& of the plaintiff." Par. 4 repeated the allegations of par. 3, with the variations of " the 5th December, 1888," for "the 20th September, 1888," " £3 58. costs " for " £16 6s. 2d. costs," and " Ireland " for " Westminster." Par. 5 repeated the allegations of par. 2, with the following innuendo :-" Meaning thereby that the plaintiff was unable to discharge his legal obligations." Par. 6 repeated the allegations of par. 2, and alleged that, " by reason of the recovery of the said judgment, and the existing liability thereon, a creditor of the plaintiff, named Arnie Rothera.m„ demanded, and brought an action to recover, immediate payment VOL. XXVI.] Q. B. & EX. DrvisioNs. 13 of an amount secured by the joint promissory note of the plaintiff, Ex. Div. the late Luke Baron Annaly, and the Hon. F. White, which the 1890. said A. Rotheram would not otherwise have done." v. ANNALY Par. 7 repeated the allegations contained in the 3rd and 6th TRADE AUXILIARY paragraphs, substituting " Ireland " for " Westminster," and Co. " £3 5s. costs" for " £16 6s. 2d. costs," and " 5th December, 1888," for " 20th September, 1888." The defendants filed their defence, whereby they traversed all the allegations contained in the statement of claim, and pleaded no libel ; and, by way of further defence, pleaded as follows : "That, on the 6th December, 1888, there was registered, and approved in the office for registering judgments in Ireland, under the Judgments Extension Act, 1868, a certain judgment, and in the registry of said judgments it was stated and set forth, and said judgment was described, as follows :-That the name of the defendant, or the person whose estate was intended to be affected thereby, was the plaintiff herein ; that his usual or last-known place of abode was Woodlands, Clonsilla, County Dublin ; that the name of the plaintiffs in said judgment was the Life AssociaÂtion of Scotland, and their usual or last-known place of abode was 5, Lombard-street, London; that said judgment had been obtained in the High Court of Justice at Westminster on the 20th Sept., 1888, and was for the sum of £1526 3s. 6d. amount of debt or damages, and £16 6s. 2d. amount of costs; that said judgment was duly registered in the High Court of Justice in Ireland, Queen's Bench Division, on the 5th December, 1888, for said amount of debt and costs, and a further sum of £3 5s. for costs ; and nothing appeared in the record of the registry of said judgment to indicate that the said judgment was obtained against the said plaintiff in any other character or manner than as before stated ; and the defendants say that the register of said judgments is a public record; and the defendants aver that the said judgment so recovered and registered had not, at the date of the publication herein complained of, been paid, or otherwise satisfied, but was in full force ; and the registry of said judgment, being a public record and a matter of importance to traders and the public geneÂrally, the defendants printed and published a true account and statement of the registry of said judgment, as so appearing in LAW REPORTS (IRELAND). [L. It. I_ said!public record bona fide without malice, and believing it to be, true, which is the libel here complained of." The action was tried before Mr. Justice Gibson and a jury of the city of Dublin, in the Easter Sittings, 1889. On behalf of the plaintiff the following documents were given in evidence :ÂStubbs' Weekly Gazette, dated the 12th December, 1888, containÂing the words and figures complained of ; writ of summons, issued the 31st July, 1888, in the High Court of Justice (England), Queen's Bench Division, between the Life Association of Scotland, plaintiffs, the Hon. H. F. White, the Right Hon. Luke White, Baron Annaly, the Hon. R. C. G. Carrington, defendants, whereon the plaintiffs' claim was indorsed as " for £1514 38. 6d., for prinÂcipal and interest due upon a deed of covenant"; particulars :- " Deed of covenant, dated the 23rd. November, 1885, given by the defendants the Hon. H. F. White and. the Hon. R. C. G. CarÂrington, and the Right Hon. Luke White, Baron Annaly (since deceased), subject to the plaintiffs' conditions for payment of £1500, together with interest thereon at £7 per cent. per annum, on the 23rd May, 1886, such interest to be reducible to £5 per cent. in case of punctual payment, as provided by the said deed, and the principal not to be repaid to the plaintiffs until the 23rd November, 1890, unless any of the covenantors should die, in which case the whole amount was to become payable immediately on such death taking place. The said covenantor the Right Hon. Luke White, Baron Annaly, died on the 19th March, 1888, and the defendant the Right Hon. Luke White, Baron Annaly, is sued as his execuÂtor."-[Then followed particulars of claim.] The order for final judgment on said writ, dated the 18th September, 1888, whereby it was ordered " that the plaintiffs may sign final judgment in this action against all the defendants except the defendant the Hon. R. C. G. Carrington for the amount indorsed on the writ, with interest (if any) and costs to be taxed ; and it is further ordered that the judgment against the defendant Lord Annaly be only in respect of his (testator's) estate." The certificate of judgment, dated the 20th September, 1888, entered in pursuance of the said order of the 18th September, 1888, wherein, after reciting the said order, it adjudged " that the plaintiffs recover against the defenÂdant the Hon. H. F. White £1526 3s. 6d. and. costs to be taxed, VOL. XXVI.] Q. B. & EX. DIVISIONS. 15 and against the defendant the Right Hon. Luke White, Baron Ex. Div. Annaly, as executor of the Right Hon. Luke White, Baron Annaly, 1889. deceased, £1526 3s. 6d. and costs to be taxed, to be levied off the ANNALY V. goods and chattels which were of the said Right Hon. Luke White, TRADE AUXILIARY Baron Annaly, at the time of his death in the hands of the defen- Co. dant the Right Hon. Luke White, Baron Annaly, as executor, to be administered, if he has so much thereof in his hands to be administered "; and said certificate then stated that the said costs had been taxed at £16 6s. 2d. The...