Chalmers v. Barclay, Perkins, & Co., Ltd [1912] ScotLR 465 (08 February 1912)

Chalmers v. Barclay, Perkins, & Co., Ltd [1912] ScotLR 465 (08 February 1912)

The pursuer failed to aver specific facts or circumstances from which malice or want of probable cause could be inferred in a privileged prosecution. Mere allegations of inadequate investigation or failed prosecution are insufficient. The defenders acted within their rights and privilege, and no relevant case for inquiry was established.

Citation
[1912] ScotLR 465
Parties
Pursuer: Francis Christie Chalmers; Defenders: Barclay, Perkins, & Company, Limited
Jurisdiction
Scotland
Judgment Date
08 February 1912
Procedural Posture
Civil Action for Damages / Appeal From Lord Ordinary's Interlocutor
Outcome
action dismissed
Legal Topics
Malicious Prosecution, Slander, Privilege, Merchandise Marks Act 1887
Tort Commercial Law Malicious Prosecution Slander Privilege Merchandise Marks Act 1887

Case Brief

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Parties

Francis Christie Chalmers

Pursuer

Barclay, Perkins, & Company, Limited

Defenders

Procedural Posture

Civil Action for Damages / Appeal From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the pursuer's averments disclose a relevant case of malice and want of probable cause in a privileged prosecution
  2. 2 Whether an issue should be allowed for inquiry into alleged malicious prosecution and slander

Ratio Decidendi

The pursuer failed to aver specific facts or circumstances from which malice or want of probable cause could be inferred in a privileged prosecution. Mere allegations of inadequate investigation or failed prosecution are insufficient. The defenders acted within their rights and privilege, and no relevant case for inquiry was established.

Court Disposition

action dismissed

Orders

  • interlocutor of Lord Ordinary recalled
  • no issue allowed for inquiry