DAVID HENRY GRIER AGAINST THE LORD ADVOCATE [2021] ScotCS CSOH_18 (16 February 2021)

DAVID HENRY GRIER AGAINST THE LORD ADVOCATE [2021] ScotCS CSOH_18 (16 February 2021)

The defender has not pled a relevant defence to the pursuer's case that the prosecution was initiated and continued in the absence of reasonable and probable cause, as the charges were dismissed as irrelevant and there was no objective justification for prosecution.

Citation
[2021] ScotCS CSOH_18
Parties
Pursuer: David Henry Grier; Defender: The Lord Advocate
Jurisdiction
Scotland
Judgment Date
16 February 2021
Procedural Posture
Commercial Action for Damages for Wrongful and Malicious Prosecution / Debate on Relevancy and Specification of Defences
Outcome
No relevant defence pled to reasonable and probable cause; further procedure required to address malice before damages claim can succeed
Legal Topics
Malicious Prosecution, Wrongful Prosecution, Reasonable and Probable Cause, Objective and Subjective Justification, Crown Immunity
Tort Criminal Law Civil Procedure Malicious Prosecution Wrongful Prosecution Reasonable and Probable Cause Objective and Subjective Justification Crown Immunity

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Parties

David Henry Grier

Pursuer

The Lord Advocate

Defender

Procedural Posture

Commercial Action for Damages for Wrongful and Malicious Prosecution / Debate on Relevancy and Specification of Defences

Legal Issues

  1. 1 Whether the defender has pled a relevant and sufficiently specific defence that the prosecution was subjectively justified
  2. 2 Whether the defender has pled a relevant and sufficiently specific defence that the prosecution was objectively justified

Ratio Decidendi

The defender has not pled a relevant defence to the pursuer's case that the prosecution was initiated and continued in the absence of reasonable and probable cause, as the charges were dismissed as irrelevant and there was no objective justification for prosecution.

Court Disposition

No relevant defence pled to reasonable and probable cause; further procedure required to address malice before damages claim can succeed

Orders

  • Case to be put out by order for parties to address any matters arising from the opinion
  • Proof before answer reserved for determination of malice and damages