Rae v. Strathern [1923] ScotLR 93 (15 December 1923)

Rae v. Strathern [1923] ScotLR 93 (15 December 1923)

The proceedings were competently taken under the Summary Jurisdiction (Scotland) Act 1908 as the alleged locus delicti was within the Sheriff’s jurisdiction. The pursuer failed to aver relevant facts showing malice or want of probable cause as required by section 59 of the Act. Accordingly, the defender was entitled to statutory immunity and the action was dismissed.

Citation
[1923] ScotLR 93
Parties
Pursuer: William Rae; Defender: John Drummond Strathern
Jurisdiction
Scotland
Judgment Date
15 December 1923
Procedural Posture
Reparation (damages) Action for Alleged Illegal Apprehension and Malicious Prosecution / Appeal (reclaiming Motion) From Lord Ordinary's Dismissal
Outcome
Action dismissed; interlocutor of Lord Ordinary affirmed.
Legal Topics
Malicious Prosecution, Jurisdiction, Prosecutorial Immunity, Summary Jurisdiction (scotland) Act 1908, Children Act 1908, Damages for Wrongful Apprehension
Criminal Law Civil Procedure Tort Law Public Law Malicious Prosecution Jurisdiction Prosecutorial Immunity Summary Jurisdiction (scotland) Act 1908 +2 more

Case Brief

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Parties

William Rae

Pursuer

John Drummond Strathern

Defender

Procedural Posture

Reparation (damages) Action for Alleged Illegal Apprehension and Malicious Prosecution / Appeal (reclaiming Motion) From Lord Ordinary's Dismissal

Legal Issues

  1. 1 Whether the Sheriff Court of Lanarkshire had jurisdiction to issue a warrant for the pursuer's apprehension
  2. 2 Whether the proceedings were taken under the Summary Jurisdiction (Scotland) Act 1908
  3. 3 Whether the pursuer relevantly averred malice and want of probable cause as required by section 59 of the 1908 Act

Ratio Decidendi

The proceedings were competently taken under the Summary Jurisdiction (Scotland) Act 1908 as the alleged locus delicti was within the Sheriff’s jurisdiction. The pursuer failed to aver relevant facts showing malice or want of probable cause as required by section 59 of the Act. Accordingly, the defender was entitled to statutory immunity and the action was dismissed.

Court Disposition

Action dismissed; interlocutor of Lord Ordinary affirmed.

Orders

  • Action dismissed with expenses to the defender.