A B v. Y Z [1916] ScotLR 37_1 (17 October 1916)

A B v. Y Z [1916] ScotLR 37_1 (17 October 1916)

Both occasions were privileged as the defender was acting in the discharge of his duties and in the conduct of his own affairs. The pursuers failed to aver relevant facts from which malice could be inferred, as the language used was not so extreme as to rebut the presumption of bona fides, and there was no evidence of antecedent ill-will or improper motive. The actions were therefore irrelevant and fell to be dismissed.

Citation
[1916] ScotLR 37_1
Parties
Pursuer: A B; Pursuer: C D; Defender: Y Z
Jurisdiction
Scotland
Judgment Date
17 October 1916
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
action dismissed
Legal Topics
Defamation, Slander, Qualified Privilege, Malice, Master and Servant, Reparation
Tort Employment Law Defamation Slander Qualified Privilege Malice Master and Servant Reparation

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Parties

A B

Pursuer

C D

Pursuer

Y Z

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the statements made by the defender were protected by qualified privilege
  2. 2 Whether the pursuers had relevantly averred malice sufficient to defeat privilege

Ratio Decidendi

Both occasions were privileged as the defender was acting in the discharge of his duties and in the conduct of his own affairs. The pursuers failed to aver relevant facts from which malice could be inferred, as the language used was not so extreme as to rebut the presumption of bona fides, and there was no evidence of antecedent ill-will or improper motive. The actions were therefore irrelevant and fell to be dismissed.

Court Disposition

action dismissed

Orders

  • Interlocutors of the Lord Ordinary recalled
  • First plea-in-law for the defender sustained