Napier v. The Scottish Ministers [2005] ScotCS CSIH_16 (10 February 2005)

Napier v. The Scottish Ministers [2005] ScotCS CSIH_16 (10 February 2005)

In Scottish civil proceedings seeking a finding that a public authority has acted incompatibly with Article 3 ECHR, the appropriate standard of proof is the ordinary civil standard—proof on the balance of probabilities—not proof beyond reasonable doubt.

Citation
[2005] ScotCS CSIH_16
Parties
Petitioner and Respondent: Robert Napier; Respondents and Reclaimers: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
10 February 2005
Procedural Posture
Reclaiming Motion in Petition and Answers (judicial Review) / Appeal (inner House, Court of Session)
Outcome
Declaratory order issued; standard of proof in such civil proceedings is balance of probabilities.
Legal Topics
Standard of Proof, Article 3 ECHR, Judicial Review, Damages for Human Rights Breach
Human Rights Law Civil Procedure Constitutional Law Standard of Proof Article 3 ECHR Judicial Review Damages for Human Rights Breach

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Parties

Robert Napier

Petitioner and Respondent

The Scottish Ministers

Respondents and Reclaimers

Procedural Posture

Reclaiming Motion in Petition and Answers (judicial Review) / Appeal (inner House, Court of Session)

Legal Issues

  1. 1 What is the appropriate standard of proof in Scottish civil proceedings for establishing a breach of Article 3 ECHR by a public authority?

Ratio Decidendi

In Scottish civil proceedings seeking a finding that a public authority has acted incompatibly with Article 3 ECHR, the appropriate standard of proof is the ordinary civil standard—proof on the balance of probabilities—not proof beyond reasonable doubt.

Court Disposition

Declaratory order issued; standard of proof in such civil proceedings is balance of probabilities.

Orders

  • It is declared that in civil proceedings in Scotland in which a finding is sought that a public authority has acted incompatibly with Article 3 ECHR, the standard of proof is the balance of probabilities.