GALBRAITH TRAWLERS LTD AGAINST THE ADVOCATE GENERAL FOR SCOTLAND (AS REPRESENTING THE HOME OFFICE) [2024] ScotCS CSIH_1 (10 January 2024)

GALBRAITH TRAWLERS LTD AGAINST THE ADVOCATE GENERAL FOR SCOTLAND (AS REPRESENTING THE HOME OFFICE) [2024] ScotCS CSIH_1 (10 January 2024)

The correct test for damages in wrongful detention of property under Scots law is what would have happened as a matter of fact if the unlawful act had not occurred, not what could have happened had the authority acted lawfully. Since it was not established that lawful detention would have occurred, substantive...

Source-derived case information.

Citation
[2024] ScotCS CSIH_1
Parties
Pursuers and Respondents: Galbraith Trawlers Limited; Defender and Appellant: The Advocate General for Scotland (as representing the Home Office)
Jurisdiction
Scotland
Judgment Date
10 January 2024
Procedural Posture
Appeal From Sheriff Appeal Court Under Section 112 of the Courts Reform (scotland) Act 2014 / Final Appellate Judgment
Outcome
Appeal refused; sheriff's interlocutor affirmed.
Legal Topics
Unlawful Detention of Property, Statutory Interpretation, Damages Assessment, Causation, Procedural Irregularity
Public Law Immigration Law Property Law Damages Unlawful Detention of Property Statutory Interpretation Damages Assessment Causation +1 more

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Parties

Galbraith Trawlers Limited

Pursuers and Respondents

The Advocate General for Scotland (as representing the Home Office)

Defender and Appellant

Procedural Posture

Appeal From Sheriff Appeal Court Under Section 112 of the Courts Reform (scotland) Act 2014 / Final Appellate Judgment

Legal Issues

  1. 1 Whether damages for unlawful detention of vessels should be restricted to nominal damages when lawful detention could have occurred
  2. 2 Proper test for causation in damages for wrongful detention under Scots law
  3. 3 Whether English authorities on nominal damages apply in Scotland

Ratio Decidendi

The correct test for damages in wrongful detention of property under Scots law is what would have happened as a matter of fact if the unlawful act had not occurred, not what could have happened had the authority acted lawfully. Since it was not established that lawful detention would have occurred, substantive damages are payable for the losses caused by the unlawful detention of the vessels.

Court Disposition

Appeal refused; sheriff's interlocutor affirmed.

Orders

  • Advocate General liable to pay £284,227 plus interest for losses caused by unlawful detention of vessels.
  • Advocate General liable to pay £8,397.97 for legal expenses incurred in securing release of vessels.