Keith v. Lauder [1905] ScotLR 43_230 (23 December 1905)
The defender's report was privileged as it was made in pursuit of a legitimate interest among association members, and there was no evidence of malice or lack of reasonable grounds for the statements. The pursuer failed to prove malice or that the statements were false or recklessly made.
- Citation
- [1905] ScotLR 43_230
- Parties
- Pursuer: George Keith; Defender: Thomas Lauder
- Jurisdiction
- Scotland
- Judgment Date
- 23 December 1905
- Procedural Posture
- Reparation (slander) / Appeal From Sheriff Court to Court of Session Inner House
- Outcome
- appeal sustained; defender assoilzied (absolved)
- Legal Topics
- Slander, Privilege, Malice, Employment Termination, Trade Reputation
Case Brief
Summary, issues, holding and outcome
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Parties
George Keith
Pursuer
Thomas Lauder
Defender
Procedural Posture
Reparation (slander) / Appeal From Sheriff Court to Court of Session Inner House
Legal Issues
- 1 Whether the defender's report to the Owners' Association was privileged
- 2 Whether the defender acted with malice in reporting the pursuer
- 3 Whether the pursuer was entitled to damages for slander and loss of employment
Ratio Decidendi
The defender's report was privileged as it was made in pursuit of a legitimate interest among association members, and there was no evidence of malice or lack of reasonable grounds for the statements. The pursuer failed to prove malice or that the statements were false or recklessly made.
Court Disposition
appeal sustained; defender assoilzied (absolved)
Orders
- Recall the Sheriff-Substitute's interlocutor
- Assoilzie the defender from the conclusions of the action
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