Thomson & Anor v Ross & Ors [2000] ScotCS 202 (18 July 2000)

Thomson & Anor v Ross & Ors [2000] ScotCS 202 (18 July 2000)

The Tribunal and its members were acting within the scope of their judicial functions when issuing the press release and findings; therefore, absolute privilege applies and no action for defamation lies, regardless of alleged error, malice, or impropriety. The President's statements at the press conference were made on a privileged occasion and are protected by qualified privilege; the pursuers failed to aver relevant facts to support malice sufficient to defeat that privilege. The action is therefore irrelevant and falls to be dismissed.

Citation
[2000] ScotCS 202
Parties
Pursuer: Gordon Coutts Thomson; Pursuer: Mrs Maria Teresa Thomson; First Defender: Sheriff Kenneth Ross; Second Defender: Law Society of Scotland; Third Defender: Scottish Solicitors Discipline Tribunal (as such); Fourth Ninth Defenders: Fourth-Ninth Defenders (members of the Tribunal)
Jurisdiction
Scotland
Judgment Date
18 July 2000
Procedural Posture
Defamation Action / Procedure Roll Debate on Relevancy and Competency
Outcome
Action dismissed as irrelevant against all defenders
Legal Topics
Absolute Privilege, Qualified Privilege, Malice in Defamation, Vicarious Liability, Judicial Functions, Statutory Immunity
Defamation Judicial Immunity Professional Discipline Absolute Privilege Qualified Privilege Malice in Defamation Vicarious Liability Judicial Functions +1 more

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Parties

Gordon Coutts Thomson

Pursuer

Mrs Maria Teresa Thomson

Pursuer

Sheriff Kenneth Ross

First Defender

Law Society of Scotland

Second Defender

Scottish Solicitors Discipline Tribunal (as such)

Third Defender

Fourth-Ninth Defenders (members of the Tribunal)

Fourth Ninth Defenders

Procedural Posture

Defamation Action / Procedure Roll Debate on Relevancy and Competency

Legal Issues

  1. 1 Whether statements made by members of the Scottish Solicitors Discipline Tribunal and its press release/findings are protected by absolute privilege
  2. 2 Whether statements made by the President of the Law Society at a press conference are defamatory and/or protected by qualified privilege
  3. 3 Whether sufficient averments of malice are made to defeat privilege

Ratio Decidendi

The Tribunal and its members were acting within the scope of their judicial functions when issuing the press release and findings; therefore, absolute privilege applies and no action for defamation lies, regardless of alleged error, malice, or impropriety. The President's statements at the press conference were made on a privileged occasion and are protected by qualified privilege; the pursuers failed to aver relevant facts to support malice sufficient to defeat that privilege. The action is therefore irrelevant and falls to be dismissed.

Court Disposition

Action dismissed as irrelevant against all defenders

Orders

  • Action dismissed against the Members (Tribunal) on grounds of absolute privilege
  • Action dismissed against the President and the Law Society on grounds of qualified privilege and lack of relevant averments of malice