Neill v. Henderson [1901] ScotLR 38_286 (25 January 1901)

Neill v. Henderson [1901] ScotLR 38_286 (25 January 1901)

Where alleged slander is uttered in the course of judicial or quasi-judicial proceedings, the issue for trial must include malice, as privilege attaches to the occasion unless malice is proved.

Citation
[1901] ScotLR 38_286
Parties
Pursuer: George Neill; Defender: Simon Henderson
Jurisdiction
Scotland
Judgment Date
25 January 1901
Procedural Posture
Action for Damages for Slander / Interlocutory Decision on Formulation of Issue for Trial
Outcome
Issue amended to include 'maliciously' and approved for trial
Legal Topics
Slander, Privilege, Judicial Proceedings, Malice, Arbitration
Tort Defamation Slander Privilege Judicial Proceedings Malice Arbitration

Case Brief

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Parties

George Neill

Pursuer

Simon Henderson

Defender

Procedural Posture

Action for Damages for Slander / Interlocutory Decision on Formulation of Issue for Trial

Legal Issues

  1. 1 Whether the words spoken by the defender constituted actionable slander
  2. 2 Whether the occasion was privileged as a judicial or quasi-judicial proceeding
  3. 3 Whether malice must be specifically put in issue in the pleadings

Ratio Decidendi

Where alleged slander is uttered in the course of judicial or quasi-judicial proceedings, the issue for trial must include malice, as privilege attaches to the occasion unless malice is proved.

Court Disposition

Issue amended to include 'maliciously' and approved for trial

Orders

  • The issue for trial is to include the word 'maliciously' and is approved as amended.