Brown v. Edinburgh Magistrates and Another [1906] ScotLR 44_213 (20 December 1906)

Brown v. Edinburgh Magistrates and Another [1906] ScotLR 44_213 (20 December 1906)

Where a statutory contract of employment provides for dismissal at the pleasure of the Chief-Constable, no action for damages lies for wrongful or malicious dismissal, as the act is within the terms of the contract and lawful regardless of motive. The Magistrates and Council are not liable as they have no power of dismissal. Words used by the Chief-Constable in the course of dismissal, on a privileged occasion, do not amount to actionable slander.

Citation
[1906] ScotLR 44_213
Parties
Pursuer: David Brown; Defender: Lord Provost, Magistrates, and Town Council of the City of Edinburgh; Defender: Roderick Ross, Chief-Constable in the Edinburgh City Police
Jurisdiction
Scotland
Judgment Date
20 December 1906
Procedural Posture
Civil (reparation, Contract, Slander) / Appeal (inner House, First Division, Court of Session)
Outcome
action dismissed
Legal Topics
Wrongful Dismissal, Malicious Dismissal, Master and Servant, Statutory Employment, Slander, Privileged Occasion, Municipal Police Powers
Employment Law Public Law Tort Law Wrongful Dismissal Malicious Dismissal Master and Servant Statutory Employment Slander +2 more

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Parties

David Brown

Pursuer

Lord Provost, Magistrates, and Town Council of the City of Edinburgh

Defender

Roderick Ross, Chief-Constable in the Edinburgh City Police

Defender

Procedural Posture

Civil (reparation, Contract, Slander) / Appeal (inner House, First Division, Court of Session)

Legal Issues

  1. 1 Whether the Magistrates and Council are liable for the dismissal of a police officer by the Chief-Constable
  2. 2 Whether the Chief-Constable is liable in damages for wrongful or malicious dismissal under statutory terms of employment
  3. 3 Whether the words used by the Chief-Constable at dismissal constitute actionable slander

Ratio Decidendi

Where a statutory contract of employment provides for dismissal at the pleasure of the Chief-Constable, no action for damages lies for wrongful or malicious dismissal, as the act is within the terms of the contract and lawful regardless of motive. The Magistrates and Council are not liable as they have no power of dismissal. Words used by the Chief-Constable in the course of dismissal, on a privileged occasion, do not amount to actionable slander.

Court Disposition

action dismissed

Orders

  • Action dismissed as against both defenders with expenses; expenses to the Magistrates to be taxed as between agent and client under the Public Authorities Protection Act; expenses to the Chief-Constable in the ordinary way.