Pybus v. Mackinnon [1908] ScotLR 598 (19 March 1908)

Pybus v. Mackinnon [1908] ScotLR 598 (19 March 1908)

The pursuer's averments were too vague to be admitted to probation and failed to set forth a circumstantial case of malice sufficient to overcome the privilege of the occasion. The statements complained of, being mixed with parable and not conveying a definite imputation of dishonesty, were not actionable as slander.

Citation
[1908] ScotLR 598
Parties
Pursuer (respondent): C. J. Pybus; Defender (reclaimer): T. N. Mackinnon
Jurisdiction
Scotland
Judgment Date
19 March 1908
Procedural Posture
Civil (reparation/slander) / Inner House, First Division—appeal Against Allowance of Issue for Trial
Outcome
Proposed issue of slander disallowed; action dismissed as to slander.
Legal Topics
Slander, Defamation, Privilege, Malice, Master and Servant, Reparation
Tort Employment Law Slander Defamation Privilege Malice Master and Servant Reparation

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Parties

C. J. Pybus

Pursuer (respondent)

T. N. Mackinnon

Defender (reclaimer)

Procedural Posture

Civil (reparation/slander) / Inner House, First Division—appeal Against Allowance of Issue for Trial

Legal Issues

  1. 1 Whether the statements made by the defender to the pursuer were sufficiently specific and actionable as slander under Scots law
  2. 2 Whether the occasion was privileged and if malice was sufficiently averred to overcome privilege

Ratio Decidendi

The pursuer's averments were too vague to be admitted to probation and failed to set forth a circumstantial case of malice sufficient to overcome the privilege of the occasion. The statements complained of, being mixed with parable and not conveying a definite imputation of dishonesty, were not actionable as slander.

Court Disposition

Proposed issue of slander disallowed; action dismissed as to slander.

Orders

  • The Court disallowed the proposed issue of slander.