DAVID HENRY GRIER AGAINST THE CHIEF CONSTABLE, POLICE SCOTLAND [2020] ScotCS CSOH_33 (20 December 2019)

DAVID HENRY GRIER AGAINST THE CHIEF CONSTABLE, POLICE SCOTLAND [2020] ScotCS CSOH_33 (20 December 2019)

The defender, through its agent Detective Chief Inspector R, maliciously procured prosecution of the pursuer without reasonable and probable cause by providing false information to the Crown, failing to disclose exculpatory evidence, and engaging in conduct indicative of malice. The admitted errors, lack of explanation, and pattern of behaviour establish liability for malicious prosecution. Summary decree is granted on the merits, reserving quantum for proof.

Citation
[2020] ScotCS CSOH_33
Parties
Pursuer: David Henry Grier; Defender: The Chief Constable, Police Scotland
Jurisdiction
Scotland
Judgment Date
20 December 2019
Procedural Posture
Civil Action for Damages (malicious Prosecution) / Summary Decree Motion
Outcome
Summary decree granted on the merits in favour of the pursuer; quantum of damages reserved for proof.
Legal Topics
Malicious Prosecution, Abuse of Process, Damages, Police Misconduct
Tort Criminal Procedure Police Law Malicious Prosecution Abuse of Process Damages Police Misconduct

Case Brief

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 4 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

David Henry Grier

Pursuer

The Chief Constable, Police Scotland

Defender

Procedural Posture

Civil Action for Damages (malicious Prosecution) / Summary Decree Motion

Legal Issues

  1. 1 Whether the defender maliciously procured prosecution of the pursuer without reasonable and probable cause
  2. 2 Whether the pursuer is entitled to summary decree on the merits, reserving quantum
  3. 3 Whether police conduct amounted to malice and want of probable cause

Ratio Decidendi

The defender, through its agent Detective Chief Inspector R, maliciously procured prosecution of the pursuer without reasonable and probable cause by providing false information to the Crown, failing to disclose exculpatory evidence, and engaging in conduct indicative of malice. The admitted errors, lack of explanation, and pattern of behaviour establish liability for malicious prosecution. Summary decree is granted on the merits, reserving quantum for proof.

Court Disposition

Summary decree granted on the merits in favour of the pursuer; quantum of damages reserved for proof.

Orders

  • Defender’s pleas in law repelled except fifth plea in law.
  • Issue of quantum of damages reserved for proof.