Still Alive: Litigation Immunity from Suit

16 December 2011

The Inner House has ruled that the absolute privilege attaching to acts done and statements made in the course of litigation is "robustly alive". In Singh v Truscott an Extra Division had to consider allegations of racial discrimination made against a member of the Senior Bar. The Inner House ruled that the case was "fundamentally misconceived" and "wholly irrelevant", but went on to note that, even if the allegations had otherwise been relevantly pled, they would have fallen foul of the longstanding rule which gives absolute protection to solicitors and counsel for what they say and do in the course of litigation.

Roddy Dunlop QC of Axiom Advocates appeared for the successful defender.

http://www.scotcourts.gov.uk/opinions/2011CSIH84.html