Gorman v. Moss's Empires, Ltd [1912] ScotLR 1 (15 October 1912)

Gorman v. Moss's Empires, Ltd [1912] ScotLR 1 (15 October 1912)

The pursuer failed to aver any specific facts or circumstances from which malice could be inferred, relying only on general assertions. As the occasion was privileged and there were no relevant averments of malice, the action was irrelevant and must be dismissed.

Citation
[1912] ScotLR 1
Parties
Pursuer: Edward Gorman; Defender: Moss's Empires, Limited
Jurisdiction
Scotland
Judgment Date
15 October 1912
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session Inner House
Outcome
action dismissed
Legal Topics
Slander, Privilege, Malice, Reparation
Tort Defamation Slander Privilege Malice Reparation

Case Brief

Summary, issues, holding and outcome

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Parties

Edward Gorman

Pursuer

Moss's Empires, Limited

Defender

Procedural Posture

Civil / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Whether the pursuer's averments were sufficient to infer malice and defeat the privilege attached to the occasion of the alleged slander.
  2. 2 Whether the action was relevant in law given the absence of specific averments of malice.

Ratio Decidendi

The pursuer failed to aver any specific facts or circumstances from which malice could be inferred, relying only on general assertions. As the occasion was privileged and there were no relevant averments of malice, the action was irrelevant and must be dismissed.

Court Disposition

action dismissed

Orders

  • The interlocutor of the Sheriff was recalled.
  • The first plea-in-law for the defenders was sustained.