Philp v Highland Council

Delict – Actings of public authorities or officials – Liability: Court of Session: Allowing in large part a reclaiming motion in an action in which the pursuer sought reparation for the alleged malicious actings of public officials and/or a public authority in the exercise of their duties, the court held that although valid criticisms could be made of the pursuer's pleadings, in respect of two of the three aspects of his case—interference with negotiations, depriving him of the chance of securing a valuable contract, and interference with the potential sale of his business—the pursuer was not bound to fail even if he proved all of his averments, and it allowed a proof before answer on those aspects of the case.

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