Hay v. Institute Chartered Accountants Scotland [2002] ScotCS 259 (11 September 2002)

Hay v. Institute Chartered Accountants Scotland [2002] ScotCS 259 (11 September 2002)

The court held that it was not possible, without inquiry into the facts, to determine whether the ICAS disciplinary proceedings attracted absolute or only qualified privilege. The pursuer's pleadings raised sufficient questions regarding malice, particularly in relation to the content and tone of the press release, to merit inquiry. However, the averments of loss and damage were insufficiently specific or relevant. The case was put out By Order to allow amendment of pleadings and address expenses.

Citation
[2002] ScotCS 259
Parties
Pursuer: James Hay; Defenders: The Institute of Chartered Accountants of Scotland
Jurisdiction
Scotland
Judgment Date
11 September 2002
Procedural Posture
Defamation Action With Conclusions for Interdict and Damages / Debate on Relevancy and Specification; Interlocutory Decision on Pleadings
Outcome
Case put out By Order for opportunity to amend pleadings and address expenses; no final disposal on merits at this stage.
Legal Topics
Privilege (absolute and Qualified), Malice, Professional Misconduct, Publication of Disciplinary Findings, Damages for Defamation
Defamation Professional Discipline Civil Procedure Privilege (absolute and Qualified) Malice Professional Misconduct Publication of Disciplinary Findings Damages for Defamation

Case Brief

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Parties

James Hay

Pursuer

The Institute of Chartered Accountants of Scotland

Defenders

Procedural Posture

Defamation Action With Conclusions for Interdict and Damages / Debate on Relevancy and Specification; Interlocutory Decision on Pleadings

Legal Issues

  1. 1 Whether proceedings before the ICAS discipline committee attract absolute or qualified privilege
  2. 2 Whether the ICAS press release was protected by qualified privilege
  3. 3 Whether the pursuer's pleadings sufficiently aver malice to overcome privilege

Ratio Decidendi

The court held that it was not possible, without inquiry into the facts, to determine whether the ICAS disciplinary proceedings attracted absolute or only qualified privilege. The pursuer's pleadings raised sufficient questions regarding malice, particularly in relation to the content and tone of the press release, to merit inquiry. However, the averments of loss and damage were insufficiently specific or relevant. The case was put out By Order to allow amendment of pleadings and address expenses.

Court Disposition

Case put out By Order for opportunity to amend pleadings and address expenses; no final disposal on merits at this stage.

Orders

  • Pursuer given opportunity to amend pleadings, particularly regarding malice and loss/damage.
  • Case to be put out By Order for further procedure and discussion of expenses.