IMRAN AHMAD AGAINST THE LORD ADVOCATE [2024] ScotCS CSOH_54 (04 June 2024)

IMRAN AHMAD AGAINST THE LORD ADVOCATE [2024] ScotCS CSOH_54 (04 June 2024)

The pursuer is entitled to damages and expenses, but due to his egregious conduct and false evidence regarding his departure from Allenby, the award of expenses is restricted globally by 50%. No contempt proceedings are warranted.

Citation
[2024] ScotCS CSOH_54
Parties
Pursuer: Imran Ahmad; Defender: The Lord Advocate
Jurisdiction
Scotland
Judgment Date
04 June 2024
Procedural Posture
Civil Damages Action / Post Trial Judgment and Orders
Outcome
Decree for payment to pursuer with restricted expenses; skilled witnesses certified; contempt proceedings not instigated.
Legal Topics
Malicious Prosecution, Damages, Expenses, Judicial Discretion

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 10 Party arguments 2 Amounts and remedies 15
Sign in to unlock

Parties

Imran Ahmad

Pursuer

The Lord Advocate

Defender

Procedural Posture

Civil Damages Action / Post Trial Judgment and Orders

  1. 1 Entitlement to damages for malicious prosecution
  2. 2 Assessment and restriction of expenses due to improper conduct
  3. 3 Certification of skilled witnesses

Ratio Decidendi

The pursuer is entitled to damages and expenses, but due to his egregious conduct and false evidence regarding his departure from Allenby, the award of expenses is restricted globally by 50%. No contempt proceedings are warranted.

Court Disposition

Decree for payment to pursuer with restricted expenses; skilled witnesses certified; contempt proceedings not instigated.

Orders

  • Payment of £516,755.61 to pursuer with interest at judicial rate from 15 March 2024 until payment.
  • Lord Advocate liable for pursuer's expenses of process subject to a 50% restriction.