Ruddy v Strathclyde Police & Anor [2013] ScotCS CSIH_73 (03 September 2013)

Ruddy v Strathclyde Police & Anor [2013] ScotCS CSIH_73 (03 September 2013)

The sheriff and sheriff principal erred in dismissing as irrelevant the pursuer's averments regarding lack of structural independence in the investigation. ECtHR jurisprudence requires structural independence and effective participation in investigations of alleged breaches of Article 3 ECHR. The pursuer's pleadings are relevant and require factual inquiry.

Citation
[2013] ScotCS CSIH_73
Parties
Pursuer and Appellant: Kevin Ruddy; First Defender and Respondent: Chief Constable, Strathclyde Police; Second Defender and Respondent: The Lord Advocate
Jurisdiction
Scotland
Judgment Date
03 September 2013
Procedural Posture
Appeal / Court of Session, Inner House, Extra Division, Post Remit From Supreme Court
Outcome
Appeal allowed; interlocutors of sheriff and sheriff principal recalled; case remitted for proof before answer with all pleas left standing.
Legal Topics
Article 3 ECHR, Effective Investigation, Structural Independence, Damages, Police Misconduct
Human Rights Police Law Civil Procedure Article 3 ECHR Effective Investigation Structural Independence Damages Police Misconduct

Case Brief

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Parties

Kevin Ruddy

Pursuer and Appellant

Chief Constable, Strathclyde Police

First Defender and Respondent

The Lord Advocate

Second Defender and Respondent

Procedural Posture

Appeal / Court of Session, Inner House, Extra Division, Post Remit From Supreme Court

Legal Issues

  1. 1 Whether the investigation into alleged police assault breached Article 3 ECHR due to lack of structural independence and ineffective participation.
  2. 2 Whether the pursuer's pleadings on lack of independence and participation are relevant under the Human Rights Act 1998.

Ratio Decidendi

The sheriff and sheriff principal erred in dismissing as irrelevant the pursuer's averments regarding lack of structural independence in the investigation. ECtHR jurisprudence requires structural independence and effective participation in investigations of alleged breaches of Article 3 ECHR. The pursuer's pleadings are relevant and require factual inquiry.

Court Disposition

Appeal allowed; interlocutors of sheriff and sheriff principal recalled; case remitted for proof before answer with all pleas left standing.

Orders

  • Recall interlocutors of sheriff and sheriff principal.
  • Remit case for proof before answer with all pleas left standing.