DAVID MULHERN v. SCOTTISH POLICE SERVICES AUTHORITY [2009] ScotSC 59 (09 January 2009)

DAVID MULHERN v. SCOTTISH POLICE SERVICES AUTHORITY [2009] ScotSC 59 (09 January 2009)

The statutory framework and correspondence indicate the chief executive is more likely to be an employee than a holder of public office. The learned sheriff erred in law by concluding otherwise. The pursuer failed to establish a prima facie case for interdict. The balance of convenience does not favour granting interim interdict, especially given the breakdown of trust and the availability of alternative remedies.

Citation
[2009] ScotSC 59
Parties
Appellant/pursuer: David Mulhern; Respondents/defenders: Scottish Police Services Authority
Jurisdiction
Scotland
Judgment Date
09 January 2009
Procedural Posture
Appeal / Judgment on Appeal Against Interim Interdict
Outcome
Appeal allowed; interim interdict recalled; interlocutor of 16 December 2008 recalled; expenses reserved.
Legal Topics
Employment Status, Interim Interdict, Public Office Vs Employment, Disciplinary Proceedings
Employment Law Public Law Employment Status Interim Interdict Public Office Vs Employment Disciplinary Proceedings

Case Brief

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Parties

David Mulhern

Appellant/pursuer

Scottish Police Services Authority

Respondents/defenders

Procedural Posture

Appeal / Judgment on Appeal Against Interim Interdict

Legal Issues

  1. 1 Whether the chief executive of the Scottish Police Services Authority is an employee or a holder of public office
  2. 2 Whether interim interdict should be granted to prevent disciplinary proceedings

Ratio Decidendi

The statutory framework and correspondence indicate the chief executive is more likely to be an employee than a holder of public office. The learned sheriff erred in law by concluding otherwise. The pursuer failed to establish a prima facie case for interdict. The balance of convenience does not favour granting interim interdict, especially given the breakdown of trust and the availability of alternative remedies.

Court Disposition

Appeal allowed; interim interdict recalled; interlocutor of 16 December 2008 recalled; expenses reserved.

Orders

  • Allows the appeal
  • Recalls the interim interdict granted on 5 December 2008 and varied on 9 December 2008