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
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Parties
Imran Ahmad
Pursuer
The Lord Advocate
Defender
Procedural Posture
Civil Damages Action / Post Trial Judgment and Orders
Legal Issues
- 1 Entitlement to damages for malicious prosecution
- 2 Assessment and restriction of expenses due to improper conduct
- 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.
Full Case Text
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