McKinney (AP) v Sharp [2000] ScotCS 152 (9 June 2000)

McKinney (AP) v Sharp [2000] ScotCS 152 (9 June 2000)

Police officers did not have reasonable cause to suspect breach of the interim interdict against molestation; their misunderstanding of the interdict's scope did not justify arrest; arrest was unlawful.

Citation
[2000] ScotCS 152
Parties
Pursuer and Respondent: Brian McKinney; Defender and Appellant: Leslie Sharp, Chief Constable Strathclyde Police
Jurisdiction
Scotland
Judgment Date
09 June 2000
Procedural Posture
Appeal / Appeal From Sheriffdom Decision After Proof Before Answer
Outcome
Appeal refused; sheriff's decision affirmed.
Legal Topics
Unlawful Arrest, Interdicts, Matrimonial Homes (family Protection)(scotland) Act 1981
Civil Liability Family Law Police Powers Unlawful Arrest Interdicts Matrimonial Homes (family Protection)(scotland) Act 1981

Case Brief

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Parties

Brian McKinney

Pursuer and Respondent

Leslie Sharp, Chief Constable Strathclyde Police

Defender and Appellant

Procedural Posture

Appeal / Appeal From Sheriffdom Decision After Proof Before Answer

Legal Issues

  1. 1 Whether police had reasonable cause to suspect breach of interdict against molestation
  2. 2 Lawfulness of arrest without warrant under attached power of arrest

Ratio Decidendi

Police officers did not have reasonable cause to suspect breach of the interim interdict against molestation; their misunderstanding of the interdict's scope did not justify arrest; arrest was unlawful.

Court Disposition

Appeal refused; sheriff's decision affirmed.

Orders

  • No amendment to Grounds of Appeal allowed.
  • Sheriff's award of £2,250 damages stands.