Ross Lamont against The Chief Constable, Police Scotland (National Personal Injury Court) [2025] SCEDIN 43 (01 August 2025)

Ross Lamont against The Chief Constable, Police Scotland (National Personal Injury Court) [2025] SCEDIN 43 (01 August 2025)

The court found that PC Donnelly used unreasonable, disproportionate, and excessive force in grabbing and pulling back the pursuer's right little finger, causing a fracture. This was not a recognised or justified police technique and constituted a breach of the duty of care owed to the pursuer. The defender is vicariously liable for the assault. The court did not find liability for the knee injury. Damages were awarded for the finger injury only.

Citation
[2025] SCEDIN 43
Parties
Pursuer: Ross Lamont; Defender: The Chief Constable, Police Scotland
Jurisdiction
Scotland
Judgment Date
01 August 2025
Procedural Posture
Personal Injury / Judgment After Proof (trial) on Liability and Causation
Outcome
Defender found liable to make reparation to the pursuer for the right little finger injury; decree for £12,000 inclusive of interest; all questions of expenses reserved.
Legal Topics
Assault by Police, Use of Force, Negligence, Vicarious Liability, Damages, Proportionality of Force
Tort Law Police Law Personal Injury Assault by Police Use of Force Negligence Vicarious Liability Damages +1 more

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Parties

Ross Lamont

Pursuer

The Chief Constable, Police Scotland

Defender

Procedural Posture

Personal Injury / Judgment After Proof (trial) on Liability and Causation

Legal Issues

  1. 1 Whether the force used by police officers during arrest was excessive and constituted assault and/or negligence
  2. 2 Whether the defender is vicariously liable for the actions of the police officers
  3. 3 Whether the injuries sustained by the pursuer were caused by wrongful police conduct

Ratio Decidendi

The court found that PC Donnelly used unreasonable, disproportionate, and excessive force in grabbing and pulling back the pursuer's right little finger, causing a fracture. This was not a recognised or justified police technique and constituted a breach of the duty of care owed to the pursuer. The defender is vicariously liable for the assault. The court did not find liability for the knee injury. Damages were awarded for the finger injury only.

Court Disposition

Defender found liable to make reparation to the pursuer for the right little finger injury; decree for £12,000 inclusive of interest; all questions of expenses reserved.

Orders

  • Defender to pay £12,000 to pursuer inclusive of interest to date of decree.
  • All questions of expenses reserved; hearing on expenses to be fixed.