Dundas v. Livingstone & Co. [1900] ScotLR 38_21 (02 November 1900)

Dundas v. Livingstone & Co. [1900] ScotLR 38_21 (02 November 1900)

Where the record discloses a prima facie case of privilege for allegedly slanderous statements, the pursuer must specifically put malice in issue and prove it at trial to succeed. The occasion of communication to the insurer was privileged, and the issues must be adjusted to require proof of malice.

Citation
[1900] ScotLR 38_21
Parties
Pursuer: Francis Dunnett Dundas; Defender: Livingstone & Company; Defender: Robert Lumsden
Jurisdiction
Scotland
Judgment Date
02 November 1900
Procedural Posture
Civil / Interlocutory (adjustment of Issues Before Trial)
Outcome
interlocutor recalled and issues varied
Legal Topics
Slander, Privilege, Malice, Employer Liability, Insurance
Tort Employment Law Slander Privilege Malice Employer Liability Insurance

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Parties

Francis Dunnett Dundas

Pursuer

Livingstone & Company

Defender

Robert Lumsden

Defender

Procedural Posture

Civil / Interlocutory (adjustment of Issues Before Trial)

Legal Issues

  1. 1 Whether statements made by employer to guarantee company regarding alleged embezzlement by employee were privileged communications
  2. 2 Whether malice must be specifically put in issue for slander in the context of privileged communications

Ratio Decidendi

Where the record discloses a prima facie case of privilege for allegedly slanderous statements, the pursuer must specifically put malice in issue and prove it at trial to succeed. The occasion of communication to the insurer was privileged, and the issues must be adjusted to require proof of malice.

Court Disposition

interlocutor recalled and issues varied

Orders

  • Second and third issues for the pursuer to be amended by inserting 'maliciously' as proposed by the defenders
  • Approved pursuer's issues as amended