IMRAN AHMAD AGAINST THE LORD ADVOCATE [2024] ScotCS CSOH_23 (29 February 2024)

IMRAN AHMAD AGAINST THE LORD ADVOCATE [2024] ScotCS CSOH_23 (29 February 2024)

The pursuer's evidence on financial loss is unreliable due to deliberate dishonesty and pre-existing reputational damage; only legal expenses incurred in defending the prosecution and a modest solatium are recoverable. The court rejects the bulk of the pursuer's claim for loss of earnings and business opportunity, finding causation not established and credibility fatally compromised.

Citation
[2024] ScotCS CSOH_23
Parties
Pursuer: Imran Ahmad; Defender: The Lord Advocate
Jurisdiction
Scotland
Judgment Date
29 February 2024
Procedural Posture
Commercial Action for Damages (malicious Prosecution) / Proof Before Answer (judgment on Causation and Quantum)
Outcome
Claim for substantial financial loss dismissed except for legal expenses and modest solatium.
Legal Topics
Malicious Prosecution, Damages, Credibility of Witnesses, Illegality Defence, Loss of Earnings, Reputational Harm
Tort Criminal Law Civil Procedure Malicious Prosecution Damages Credibility of Witnesses Illegality Defence Loss of Earnings +1 more

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Parties

Imran Ahmad

Pursuer

The Lord Advocate

Defender

Procedural Posture

Commercial Action for Damages (malicious Prosecution) / Proof Before Answer (judgment on Causation and Quantum)

Legal Issues

  1. 1 Whether the pursuer suffered financial loss as a result of malicious prosecution
  2. 2 Whether the pursuer's evidence on loss of earnings is credible
  3. 3 Whether reputational harm and loss of business opportunity are attributable to the prosecution or pre-existing factors

Ratio Decidendi

The pursuer's evidence on financial loss is unreliable due to deliberate dishonesty and pre-existing reputational damage; only legal expenses incurred in defending the prosecution and a modest solatium are recoverable. The court rejects the bulk of the pursuer's claim for loss of earnings and business opportunity, finding causation not established and credibility fatally compromised.

Court Disposition

Claim for substantial financial loss dismissed except for legal expenses and modest solatium.

Orders

  • Lord Advocate to pay pursuer's legal expenses incurred in defending the prosecution (£22,722).
  • Modest solatium awarded for reputational harm; quantum not specified.