Buchanan v. Corporation of City of Glasgow [1905] ScotLR 42_801 (19 July 1905)

Buchanan v. Corporation of City of Glasgow [1905] ScotLR 42_801 (19 July 1905)

No issuable matter exists where the pursuer fails to aver special facts and circumstances from which malice can be inferred in a case involving privileged communications by public officers acting under statutory duty.

Citation
[1905] ScotLR 42_801
Parties
Pursuer: James Buchanan; Defender: Corporation of City of Glasgow
Jurisdiction
Scotland
Judgment Date
19 July 1905
Procedural Posture
Action for Damages / Inner House Appeal, Post Interlocutor
Outcome
action dismissed
Legal Topics
Malicious Prosecution, Slander, Privilege, Public Officer Liability
Tort Public Law Malicious Prosecution Slander Privilege Public Officer Liability

Case Brief

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Parties

James Buchanan

Pursuer

Corporation of City of Glasgow

Defender

Procedural Posture

Action for Damages / Inner House Appeal, Post Interlocutor

Legal Issues

  1. 1 Whether averments of malice and special facts are sufficient to allow issues for slander and malicious prosecution against public officers
  2. 2 Whether privilege applies to tramway inspectors reporting offences under statutory bye-laws

Ratio Decidendi

No issuable matter exists where the pursuer fails to aver special facts and circumstances from which malice can be inferred in a case involving privileged communications by public officers acting under statutory duty.

Court Disposition

action dismissed

Orders

  • both issues disallowed
  • action dismissed