Suzor v. M'Lachlan [1914] ScotLR 313 (03 February 1914)

The pursuer's averments, if proved, were sufficient to entitle a jury to infer malice and thus displace the privilege otherwise attaching to the occasions. The interlocutor dismissing the action was recalled and issues allowed to go to proof.

Citation: [1914] ScotLR 313
Parties: Pursuer: Samuel Suzor; Defender: John M'Lachlan
Jurisdiction: Scotland
Judgment Date: 03 February 1914
Procedural Posture: Civil / Appeal (reclaiming Motion) From Dismissal at First Instance
Outcome: Interlocutor of Lord Ordinary recalled; issues allowed; action reinstated for inquiry.
Legal Topics: Defamation, Slander, Qualified Privilege, Malice, Master and Servant, Reparation

Tort Employment Law Defamation Slander Qualified Privilege Malice Master and Servant Reparation

Case Brief

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Parties

Samuel Suzor

Pursuer

John M'Lachlan

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Dismissal at First Instance

Legal Issues

1 Whether the pursuer's averments were sufficient in law to support issues of malice in a slander action where privilege is admitted.
2 Whether facts and circumstances averred were relevant to infer malice and displace privilege.

Ratio Decidendi

Court Disposition

Interlocutor of Lord Ordinary recalled; issues allowed; action reinstated for inquiry.

Orders

Recall of the Lord Ordinary's interlocutor dismissing the action.
Allowance of the issues proposed by the pursuer to go to proof.