Gall v. Slessor [1907] ScotLR 547 (15 March 1907)

Gall v. Slessor [1907] ScotLR 547 (15 March 1907)

Although the occasion was privileged, the defender's letter was so extravagant and reckless, written after ample time for consideration, that malice could be inferred, defeating the privilege and rendering the defender liable for slander.

Citation
[1907] ScotLR 547
Parties
Pursuer: Alexander Gall; Defender: Robert Alexander Slessor
Jurisdiction
Scotland
Judgment Date
15 March 1907
Procedural Posture
Action of Damages for Slander / Appeal From Sheriff Court to Court of Session Inner House
Outcome
Appeal sustained; interlocutor of Sheriff-Substitute recalled; defender found liable in damages for slander.
Legal Topics
Slander, Qualified Privilege, Malice, Damages
Tort Defamation Slander Qualified Privilege Malice Damages

Case Brief

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Parties

Alexander Gall

Pursuer

Robert Alexander Slessor

Defender

Procedural Posture

Action of Damages for Slander / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Whether the letter written by the defender was slanderous and actionable
  2. 2 Whether the occasion of the letter was privileged
  3. 3 Whether malice could be inferred from the terms and circumstances of the letter

Ratio Decidendi

Although the occasion was privileged, the defender's letter was so extravagant and reckless, written after ample time for consideration, that malice could be inferred, defeating the privilege and rendering the defender liable for slander.

Court Disposition

Appeal sustained; interlocutor of Sheriff-Substitute recalled; defender found liable in damages for slander.

Orders

  • Decree for pursuer for £30 damages against defender