Cassidy v. Connochie [1907] ScotLR 831 (04 July 1907)

Cassidy v. Connochie [1907] ScotLR 831 (04 July 1907)

The delay in bringing the action was satisfactorily explained by the pursuer's inability to sue while in police service without consent, which was refused. The occasion was privileged, but sufficient averments of malice were made after amendment. The action was not irrelevant as damage could not be determined without inquiry. The Sheriff-Substitute's dismissal was therefore wrong.

Citation
[1907] ScotLR 831
Parties
Pursuer: Patrick Cassidy; Defender: Daniel Connochie
Jurisdiction
Scotland
Judgment Date
04 July 1907
Procedural Posture
Civil Appeal (reparation/slander) / Appeal From Sheriff Court to Court of Session, Inner House
Outcome
Appeal sustained; interlocutor of Sheriff-Substitute recalled; cause remitted for further proceedings.
Legal Topics
Slander, Privilege, Mora (delay), Damages, Relevancy of Action
Tort Defamation Civil Procedure Slander Privilege Mora (delay) Damages Relevancy of Action

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Parties

Patrick Cassidy

Pursuer

Daniel Connochie

Defender

Procedural Posture

Civil Appeal (reparation/slander) / Appeal From Sheriff Court to Court of Session, Inner House

Legal Issues

  1. 1 Whether the delay (mora) in bringing the slander action was fatal to the claim
  2. 2 Whether the statements made to the Chief-Constable were privileged
  3. 3 Whether the action was irrelevant due to lack of damage

Ratio Decidendi

The delay in bringing the action was satisfactorily explained by the pursuer's inability to sue while in police service without consent, which was refused. The occasion was privileged, but sufficient averments of malice were made after amendment. The action was not irrelevant as damage could not be determined without inquiry. The Sheriff-Substitute's dismissal was therefore wrong.

Court Disposition

Appeal sustained; interlocutor of Sheriff-Substitute recalled; cause remitted for further proceedings.

Orders

  • Recall of Sheriff-Substitute's interlocutor of 2 August 1906
  • Remit to Sheriff to proceed as accords