Currie and Scott v. Weir [1900] ScotLR 37_382 (27 January 1900)

Currie and Scott v. Weir [1900] ScotLR 37_382 (27 January 1900)

The Court held that the pursuers' general averments of malice were relevant and sufficient to support the issues proposed for jury trial, as the facts and circumstances stated on record were such that malice might be inferred. There was no requirement in this case for specific averments of fact beyond the general averment of malice.

Citation
[1900] ScotLR 37_382
Parties
Pursuer: James Currie; Pursuer: Thomas Scott; Defender: Mrs Janet Scott or Weir
Jurisdiction
Scotland
Judgment Date
27 January 1900
Procedural Posture
Action for Damages (slander) / Appeal on Relevancy and Allowance of Issues for Jury Trial
Outcome
Issues proposed by pursuers allowed; appeal successful.
Legal Topics
Slander, Malice, Reparation, Privilege, Jury Trial, Relevancy of Pleadings
Tort Defamation Slander Malice Reparation Privilege Jury Trial Relevancy of Pleadings

Case Brief

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Parties

James Currie

Pursuer

Thomas Scott

Pursuer

Mrs Janet Scott or Weir

Defender

Procedural Posture

Action for Damages (slander) / Appeal on Relevancy and Allowance of Issues for Jury Trial

Legal Issues

  1. 1 Are general averments of malice sufficient to support an action for slander where the alleged defamatory statements were made to police?
  2. 2 Is it necessary to aver specific facts from which malice can be inferred in such cases, or is a general averment sufficient?

Ratio Decidendi

The Court held that the pursuers' general averments of malice were relevant and sufficient to support the issues proposed for jury trial, as the facts and circumstances stated on record were such that malice might be inferred. There was no requirement in this case for specific averments of fact beyond the general averment of malice.

Court Disposition

Issues proposed by pursuers allowed; appeal successful.

Orders

  • Issues as proposed by the pursuers approved and allowed for jury trial.