DAVID GRIER AGAINST CHIEF CONSTABLE, POLICE SCOTLAND and DAVID GRIER AGAINST THE LORD ADVOCATE [2022] ScotCS CSOH_2 (11 January 2022)

DAVID GRIER AGAINST CHIEF CONSTABLE, POLICE SCOTLAND and DAVID GRIER AGAINST THE LORD ADVOCATE [2022] ScotCS CSOH_2 (11 January 2022)

The prosecution of the pursuer was initiated and continued without objective reasonable and probable cause, and with malice, by both the police and the Crown. The police and Crown breached legal professional privilege and failed to disclose material evidence, rendering the prosecution oppressive and unlawful. The pursuer is entitled to damages for malicious prosecution.

Citation
[2022] ScotCS CSOH_2
Parties
Pursuer: David Grier; Defender: Chief Constable, Police Scotland; Defender: The Lord Advocate
Jurisdiction
Scotland
Judgment Date
11 January 2022
Procedural Posture
Civil Action for Damages / Judgment After Proof Before Answer
Outcome
Judgment for pursuer
Legal Topics
Malicious Prosecution, Legal Professional Privilege, Reasonable and Probable Cause, Abuse of Process
Tort Criminal Procedure Public Law Malicious Prosecution Legal Professional Privilege Reasonable and Probable Cause Abuse of Process

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Parties

David Grier

Pursuer

Chief Constable, Police Scotland

Defender

The Lord Advocate

Defender

Procedural Posture

Civil Action for Damages / Judgment After Proof Before Answer

Legal Issues

  1. 1 Whether the police and Crown initiated and continued prosecution maliciously and without reasonable and probable cause
  2. 2 Whether the pursuer was prosecuted without sufficient evidence
  3. 3 Whether breaches of legal professional privilege occurred

Ratio Decidendi

The prosecution of the pursuer was initiated and continued without objective reasonable and probable cause, and with malice, by both the police and the Crown. The police and Crown breached legal professional privilege and failed to disclose material evidence, rendering the prosecution oppressive and unlawful. The pursuer is entitled to damages for malicious prosecution.

Court Disposition

Judgment for pursuer

Orders

  • Chief Constable and Lord Advocate held liable for malicious prosecution
  • Pursuer entitled to damages