M'Lean v. Hart [1908] ScotLR 874 (11 July 1908)
The pursuer failed to aver facts and circumstances from which malice could be inferred; the defender's statements were relevant and privileged, made in support of his case, with no evidence of indirect malicious motive. The action was therefore irrelevant and must be dismissed.
- Citation
- [1908] ScotLR 874
- Parties
- Pursuer/respondent: William C. M'Lean; Defender/reclaimer: Patrick Campbell Hart
- Jurisdiction
- Scotland
- Judgment Date
- 11 July 1908
- Procedural Posture
- Action for Damages for Judicial Slander / Inner House Appeal; Interlocutor of Lord Ordinary Recalled
- Outcome
- Defender assoilzied; action dismissed
- Legal Topics
- Judicial Slander, Privilege, Malice, Averment of Facts and Circumstances
Case Brief
Summary, issues, holding and outcome
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Parties
William C. M'Lean
Pursuer/respondent
Patrick Campbell Hart
Defender/reclaimer
Procedural Posture
Action for Damages for Judicial Slander / Inner House Appeal; Interlocutor of Lord Ordinary Recalled
Legal Issues
- 1 Whether facts and circumstances sufficient to infer malice were averred in an action for judicial slander
- 2 Whether statements made in pleadings are privileged when pertinent to the action
Ratio Decidendi
The pursuer failed to aver facts and circumstances from which malice could be inferred; the defender's statements were relevant and privileged, made in support of his case, with no evidence of indirect malicious motive. The action was therefore irrelevant and must be dismissed.
Court Disposition
Defender assoilzied; action dismissed
Orders
- Lord Ordinary's interlocutor recalled
- Defender assoilzied from conclusions of the action
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