Duncan Welsh against Scottish Courts and Tribunals Service (Sheriff Court Civil) [2026] SCEDIN 6 (05 January 2026)
The appropriate quantum for 7 days' unlawful detention, absent initial shock or wrongful arrest, is £3,325, calculated at £475 per day, reflecting domestic and European authorities, adjusted for inflation, and ensuring consistency and proportionality.
- Citation
- [2026] SCEDIN 6
- Parties
- Pursuer: Duncan Welsh; Defender: Scottish Courts and Tribunals Service
- Jurisdiction
- Scotland
- Judgment Date
- 05 January 2026
- Procedural Posture
- Sheriff Court Civil / Proof on Quantum Only; Liability Admitted
- Outcome
- Decree for pursuer; damages awarded
- Legal Topics
- Unlawful Detention, Damages for Breach of Convention Rights, Article 5 ECHR, Section 6 Human Rights Act 1998, Assessment of Quantum
Case Brief
Summary, issues, holding and outcome
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Parties
Duncan Welsh
Pursuer
Scottish Courts and Tribunals Service
Defender
Procedural Posture
Sheriff Court Civil / Proof on Quantum Only; Liability Admitted
Legal Issues
- 1 What is the appropriate quantum of damages for 7 days' unlawful detention in breach of Article 5 ECHR and section 6 of the Human Rights Act 1998?
Ratio Decidendi
The appropriate quantum for 7 days' unlawful detention, absent initial shock or wrongful arrest, is £3,325, calculated at £475 per day, reflecting domestic and European authorities, adjusted for inflation, and ensuring consistency and proportionality.
Court Disposition
Decree for pursuer; damages awarded
Orders
- Defender liable to pursuer in the sum of £3,325 with interest at 8% per year from 6 December 2023 until payment
- Parties to be heard on expenses on a date to be advised
Full Case Text
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