Campbell v. Cochrane [1905] ScotLR 43_221 (07 December 1905)

Campbell v. Cochrane [1905] ScotLR 43_221 (07 December 1905)

The letters complained of were written in the context of anticipated litigation and are entitled to the highest privilege. The pursuer failed to aver facts and circumstances independent of the dismissal or the immediate dispute from which malice could be inferred. Mere assertions of ill-will arising from the dispute itself are insufficient. Therefore, the action is not relevant and must be dismissed.

Citation
[1905] ScotLR 43_221
Parties
Pursuer/respondent: John Campbell; Defender/reclaimer: Major Archibald Hamilton Cochrane
Jurisdiction
Scotland
Judgment Date
07 December 1905
Procedural Posture
Civil (reparation/slander) / Appeal (inner House, First Division)
Outcome
Action dismissed
Legal Topics
Slander, Judicial Privilege, Malice, Wrongful Dismissal
Tort Employment Law Slander Judicial Privilege Malice Wrongful Dismissal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

John Campbell

Pursuer/respondent

Major Archibald Hamilton Cochrane

Defender/reclaimer

Procedural Posture

Civil (reparation/slander) / Appeal (inner House, First Division)

Legal Issues

  1. 1 Whether letters written by an employer to the agent of a dismissed servant, containing allegations of dishonesty, are absolutely privileged or only qualifiedly privileged
  2. 2 Whether the pursuer's averments of malice are sufficient to overcome privilege and allow the case to proceed

Ratio Decidendi

The letters complained of were written in the context of anticipated litigation and are entitled to the highest privilege. The pursuer failed to aver facts and circumstances independent of the dismissal or the immediate dispute from which malice could be inferred. Mere assertions of ill-will arising from the dispute itself are insufficient. Therefore, the action is not relevant and must be dismissed.

Court Disposition

Action dismissed

Orders

  • Issues disallowed
  • Action dismissed