DAVID HENRY GRIER AGAINST THE LORD ADVOCATE [2021] ScotCS CSOH_28 (12 March 2021)

DAVID HENRY GRIER AGAINST THE LORD ADVOCATE [2021] ScotCS CSOH_28 (12 March 2021)

The court held that the defender's averments regarding objective reasonable and probable cause for the inclusion of the pursuer in the petition charges were relevant for inquiry and could not be dismissed at this stage. The relevance of the defence would be better decided after inquiry into the facts, and it could not be held at this interlocutory stage that there was no relevant defence.

Citation
[2021] ScotCS CSOH_28
Parties
Pursuer: David Henry Grier; Defender: The Lord Advocate
Jurisdiction
Scotland
Judgment Date
12 March 2021
Procedural Posture
Commercial Action for Damages (wrongful and Malicious Prosecution) / Interlocutory Judgment on Relevancy of Defence Regarding Objective Reasonable and Probable Cause at Petition Stage
Outcome
No further order at this time; questions of expenses reserved.
Legal Topics
Malicious Prosecution, Wrongful Prosecution, Reasonable and Probable Cause, Objective Justification in Prosecution, Damages for Prosecution, Sufficiency of Evidence at Petition Stage
Criminal Law Tort/delict Civil Procedure Malicious Prosecution Wrongful Prosecution Reasonable and Probable Cause Objective Justification in Prosecution Damages for Prosecution +1 more

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 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

David Henry Grier

Pursuer

The Lord Advocate

Defender

Procedural Posture

Commercial Action for Damages (wrongful and Malicious Prosecution) / Interlocutory Judgment on Relevancy of Defence Regarding Objective Reasonable and Probable Cause at Petition Stage

Legal Issues

  1. 1 Whether the defender has pled a relevant and sufficiently specific defence that the prosecution was objectively justified (i.e., reasonable and probable cause) for placing the pursuer on petition
  2. 2 Whether dismissal of charges as irrelevant in law implies absence of reasonable and probable cause
  3. 3 Whether the charges in the petition (fraud and attempting to pervert the course of justice) were objectively justified at the time

Ratio Decidendi

The court held that the defender's averments regarding objective reasonable and probable cause for the inclusion of the pursuer in the petition charges were relevant for inquiry and could not be dismissed at this stage. The relevance of the defence would be better decided after inquiry into the facts, and it could not be held at this interlocutory stage that there was no relevant defence.

Court Disposition

No further order at this time; questions of expenses reserved.