Primrose v. Waterston [1902] ScotCS CSIH_1 (20 March 1902)

Primrose v. Waterston [1902] ScotCS CSIH_1 (20 March 1902)

Judges, including those in inferior courts, enjoy absolute privilege for words spoken in the course of judicial proceedings, and such privilege applies unless it is clearly demonstrated that the words had no connection with the case. In this case, the words, though defamatory and indefensible, were uttered in connection with the judicial inquiry regarding the pursuer's son, and thus the privilege applies.

Citation
[1902] ScotCS CSIH_1
Parties
Pursuer: Primrose; Defender: Waterston
Jurisdiction
Scotland
Judgment Date
20 March 1902
Procedural Posture
Delict (defamation) / Appeal From Lord Ordinary's Decision
Outcome
Appeal dismissed; interlocutor of absolvitor affirmed.
Legal Topics
Absolute Privilege of Judges, Defamation, Judicial Immunity, Public Policy in Judicial Proceedings
Tort Judicial Privilege Absolute Privilege of Judges Defamation Judicial Immunity Public Policy in Judicial Proceedings

Case Brief

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Parties

Primrose

Pursuer

Waterston

Defender

Procedural Posture

Delict (defamation) / Appeal From Lord Ordinary's Decision

Legal Issues

  1. 1 Whether a judge in an inferior court has absolute privilege for words spoken in the course of judicial proceedings
  2. 2 Whether the words complained of were uttered in connection with a judicial inquiry

Ratio Decidendi

Judges, including those in inferior courts, enjoy absolute privilege for words spoken in the course of judicial proceedings, and such privilege applies unless it is clearly demonstrated that the words had no connection with the case. In this case, the words, though defamatory and indefensible, were uttered in connection with the judicial inquiry regarding the pursuer's son, and thus the privilege applies.

Court Disposition

Appeal dismissed; interlocutor of absolvitor affirmed.

Orders

  • Absolvitor granted in favour of the defender.