JAMES MCDOWALL AGAINST G4S CARE AND JUSTICE SERVICES (UK) Ltd [2016] ScotSC 67 (12 October 2016)

JAMES MCDOWALL AGAINST G4S CARE AND JUSTICE SERVICES (UK) Ltd [2016] ScotSC 67 (12 October 2016)

The use of double cuffing and escort by PCOs during the pursuer's hospital visits was the minimum appropriate and proportionate measure to ensure safety and security, given the pursuer's risk factors. The treatment did not reach the minimum level of severity required to breach Article 3 ECHR, nor was it an unlawful...

Source-derived case information.

Citation
[2016] ScotSC 67
Parties
Pursuer: James McDowall; Defender: G4S Care and Justice Services (UK) Limited
Jurisdiction
Scotland
Judgment Date
12 October 2016
Procedural Posture
Civil Claim for Damages (alleged Breach of ECHR Rights) / Judgment After Proof (trial)
Outcome
Defender assoilzied (absolved); pursuer's claim dismissed.
Legal Topics
Article 3 ECHR (inhuman or Degrading Treatment), Article 8 ECHR (right to Private Life), Prisoner Restraint Procedures, Risk Assessment, Damages for Breach of ECHR
Human Rights Law Prison Law Tort/delict Article 3 ECHR (inhuman or Degrading Treatment) Article 8 ECHR (right to Private Life) Prisoner Restraint Procedures Risk Assessment Damages for Breach of ECHR

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

James McDowall

Pursuer

G4S Care and Justice Services (UK) Limited

Defender

Procedural Posture

Civil Claim for Damages (alleged Breach of ECHR Rights) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether double cuffing the pursuer during hospital visits breached Article 3 ECHR (prohibition of inhuman or degrading treatment)
  2. 2 Whether double cuffing breached Article 8 ECHR (right to respect for private life)
  3. 3 Whether the treatment was proportionate and justified

Ratio Decidendi

The use of double cuffing and escort by PCOs during the pursuer's hospital visits was the minimum appropriate and proportionate measure to ensure safety and security, given the pursuer's risk factors. The treatment did not reach the minimum level of severity required to breach Article 3 ECHR, nor was it an unlawful or disproportionate interference with Article 8 ECHR. No damages or other judicial recognition are necessary.

Court Disposition

Defender assoilzied (absolved); pursuer's claim dismissed.

Orders

  • Repels the pursuer’s pleas-in-law.
  • Sustains the second, third, fourth and fifth pleas-in-law for the defender.