Kufner v. Berstecher [1907] ScotLR 508 (12 March 1907)

Kufner v. Berstecher [1907] ScotLR 508 (12 March 1907)

Defender is entitled to lead evidence of all facts communicated to the procurator-fiscal to show he acted without malice and with probable cause; proof is limited to those communications and not to unrelated matters.

Citation
[1907] ScotLR 508
Parties
Pursuer: Charles F. J. Kufner; Defender: Ernst Berstecher
Jurisdiction
Scotland
Judgment Date
12 March 1907
Procedural Posture
Action for Damages for Slander / Appeal Against Lord Ordinary's Interlocutor
Outcome
Lord Ordinary's interlocutor recalled except as to appointment to lodge issues; defender entitled to proof of averments disallowed; case remitted to Lord Ordinary to proceed.
Legal Topics
Slander, Malice, Probable Cause, Relevancy of Averments, Lodging Information With Criminal Authorities
Reparation Defamation Civil Procedure Slander Malice Probable Cause Relevancy of Averments Lodging Information With Criminal Authorities

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Parties

Charles F. J. Kufner

Pursuer

Ernst Berstecher

Defender

Procedural Posture

Action for Damages for Slander / Appeal Against Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether defender may prove all facts communicated to police to show absence of malice and presence of probable cause
  2. 2 Relevancy of defender's averments not directly related to the specific charge

Ratio Decidendi

Defender is entitled to lead evidence of all facts communicated to the procurator-fiscal to show he acted without malice and with probable cause; proof is limited to those communications and not to unrelated matters.

Court Disposition

Lord Ordinary's interlocutor recalled except as to appointment to lodge issues; defender entitled to proof of averments disallowed; case remitted to Lord Ordinary to proceed.

Orders

  • Recall Lord Ordinary's interlocutor except as to appointment to lodge issues.
  • Defender entitled to proof of averments disallowed.