Brown v. Fraser [1906] ScotLR 43_741 (27 June 1906)

Brown v. Fraser [1906] ScotLR 43_741 (27 June 1906)

It is not necessary in every case of alleged malicious prosecution that facts independent of the act complained of and its surrounding circumstances be averred to show antecedent malice; malice may arise at the time of accusation, and the action is not irrelevant for lack of such averments.

Citation
[1906] ScotLR 43_741
Parties
Pursuer: James Brown; Defender: James Smith Fraser
Jurisdiction
Scotland
Judgment Date
27 June 1906
Procedural Posture
Reparation (damages) / Interlocutor Reclaimed Against; Appeal on Relevancy
Outcome
Court adhered to the interlocutor reclaimed against; action allowed to proceed.
Legal Topics
Malicious Prosecution, Privilege, Malice, Probable Cause, Wrongous Information
Tort Criminal Law Civil Procedure Malicious Prosecution Privilege Malice Probable Cause Wrongous Information

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Parties

James Brown

Pursuer

James Smith Fraser

Defender

Procedural Posture

Reparation (damages) / Interlocutor Reclaimed Against; Appeal on Relevancy

Legal Issues

  1. 1 Whether facts and circumstances inferring antecedent malice must be averred in an action for damages for false information leading to arrest and trial
  2. 2 Whether the action is irrelevant for lack of averment of malice and want of probable cause

Ratio Decidendi

It is not necessary in every case of alleged malicious prosecution that facts independent of the act complained of and its surrounding circumstances be averred to show antecedent malice; malice may arise at the time of accusation, and the action is not irrelevant for lack of such averments.

Court Disposition

Court adhered to the interlocutor reclaimed against; action allowed to proceed.

Orders

  • Issue including malice and want of probable cause approved.
  • No dismissal of action for lack of relevancy.