MacFadyen against The Scottish Ministers, The Lord Advocate & The Chief Constable of Police Scotland (Court of Session) [2024] CSOH 82 (21 August 2024)

MacFadyen against The Scottish Ministers, The Lord Advocate & The Chief Constable of Police Scotland (Court of Session) [2024] CSOH 82 (21 August 2024)

The Scottish Ministers failed to demonstrate a real and specific risk of prejudice to any potential criminal proceedings from continuation of the civil action, as no charges or indictments exist and any analysis would be speculative. The threshold for sisting proceedings was not met. Even if it were, the public interest in timely civil remedy for alleged breach of Article 2 ECHR would outweigh any speculative risk to criminal justice.

Citation
[2024] CSOH 82
Parties
Pursuer: Sharon MacFadyen; First Defender: The Scottish Ministers; Second Defender: The Lord Advocate; Third Defender: The Chief Constable of Police Scotland
Jurisdiction
Scotland
Judgment Date
21 August 2024
Procedural Posture
Motion for Sist (stay) of Civil Proceedings / Interlocutory Motion Decision
Outcome
Motion for sist refused
Legal Topics
Article 2 ECHR, Privilege Against Self Incrimination, Corporate Homicide, Sist of Proceedings, Fatal Accident Inquiry, Limitation Period
Human Rights Civil Procedure Criminal Law Article 2 ECHR Privilege Against Self Incrimination Corporate Homicide Sist of Proceedings Fatal Accident Inquiry +1 more

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Parties

Sharon MacFadyen

Pursuer

The Scottish Ministers

First Defender

The Lord Advocate

Second Defender

The Chief Constable of Police Scotland

Third Defender

Procedural Posture

Motion for Sist (stay) of Civil Proceedings / Interlocutory Motion Decision

Legal Issues

  1. 1 Whether civil proceedings should be sisted pending criminal investigation
  2. 2 Risk of prejudice to criminal proceedings from civil litigation
  3. 3 Public interest in timely civil remedy for alleged breach of Article 2 ECHR

Ratio Decidendi

The Scottish Ministers failed to demonstrate a real and specific risk of prejudice to any potential criminal proceedings from continuation of the civil action, as no charges or indictments exist and any analysis would be speculative. The threshold for sisting proceedings was not met. Even if it were, the public interest in timely civil remedy for alleged breach of Article 2 ECHR would outweigh any speculative risk to criminal justice.

Court Disposition

Motion for sist refused

Orders

  • Refusal of motion to sist proceedings in both alternatives