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Scotland Case Law

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Tort/delict [2023] ScotCS CSOH_17

X AGAINST Y AND OTHERS

X AGAINST Y AND OTHERS [2023] ScotCS CSOH_17 (02 March 2023)

The court held the Crown may be vicariously liable for two alleged sheriff assaults, but the delict claims for those incidents were time-barred. The Advocate General was dismissed.

  • Vicarious liability
  • Judicial office holders
  • Harassment
  • Limitation/prescription
  • Crown liability
  • Appropriate law officer
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Defamation [2000] ScotCS 202

Thomson & Anor v Ross & Ors

Thomson & Anor v Ross & Ors [2000] ScotCS 202 (18 July 2000)

Defamation action dismissed: the disciplinary tribunal enjoyed absolute privilege, and the Law Society president’s remarks were protected by qualified privilege.

  • Absolute privilege
  • Qualified privilege
  • Malice in defamation
  • Vicarious liability
  • Judicial functions
  • Statutory immunity
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Tort [1902] ScotLR 39_475

Primrose v. Waterston

Primrose v. Waterston [1902] ScotLR 39_475 (20 March 1902)

The Court of Session held that a magistrate enjoyed absolute judicial privilege for words spoken in court in relation to a case, and dismissed the slander action.

  • Defamation
  • Judicial privilege
  • Absolute privilege
  • Reparation
  • Slander
  • Judicial-privilege
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.