Murray v. Wyllie [1916] ScotLR 263 (15 January 1916)

Murray v. Wyllie [1916] ScotLR 263 (15 January 1916)

The action was dismissed because the pursuer stated his case alternatively, with one limb irrelevant, and failed to relevantly aver both malice and want of probable cause on the privileged occasion. The privilege attaching to the defender's communication as moderator of the Kirk-Session required specific averments of malice and want of probable cause, which were not present. The alternative pleadings rendered the action irrelevant.

Citation
[1916] ScotLR 263
Parties
Pursuer: William Murray; Defender: Reverend A. M. Wyllie
Jurisdiction
Scotland
Judgment Date
15 January 1916
Procedural Posture
Action for Damages for Slander / Appeal From Sheriff Court to Court of Session, Inner House, First Division
Outcome
action dismissed
Legal Topics
Slander, Privilege, Malice, Probable Cause, Alternative Pleadings
Tort Defamation Ecclesiastical Law Slander Privilege Malice Probable Cause Alternative Pleadings

Case Brief

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Parties

William Murray

Pursuer

Reverend A. M. Wyllie

Defender

Procedural Posture

Action for Damages for Slander / Appeal From Sheriff Court to Court of Session, Inner House, First Division

Legal Issues

  1. 1 Whether the defender's letter constituted actionable slander
  2. 2 Whether the occasion was privileged
  3. 3 Whether malice and want of probable cause were relevantly averred

Ratio Decidendi

The action was dismissed because the pursuer stated his case alternatively, with one limb irrelevant, and failed to relevantly aver both malice and want of probable cause on the privileged occasion. The privilege attaching to the defender's communication as moderator of the Kirk-Session required specific averments of malice and want of probable cause, which were not present. The alternative pleadings rendered the action irrelevant.

Court Disposition

action dismissed

Orders

  • sustained defender's first plea-in-law
  • dismissed the action