McPhee v. Chief Constable Of Central Scotland Police [2005] ScotCS CSIH_29 (18 March 2005)

McPhee v. Chief Constable Of Central Scotland Police [2005] ScotCS CSIH_29 (18 March 2005)

The sheriff was entitled, on the evidence, to find that Constable Davidson used excessive force in breach of explicit instructions during a training exercise, causing injury to the respondent, and that the employer was vicariously liable for this breach of duty of care.

Citation
[2005] ScotCS CSIH_29
Parties
Pursuer and Respondent: Stuart Andrew McPhee; Defender and Appellant: W. J. M. Wilson, Q.P.M, Chief Constable, Central Scotland Police
Jurisdiction
Scotland
Judgment Date
18 March 2005
Procedural Posture
Appeal / Inner House, Court of Session (extra Division) Appeal From Sheriff Court
Outcome
Appeal refused
Legal Topics
Vicarious Liability, Negligence, Personal Injury, Duty of Care, Police Training
Tort Law Employment Law Vicarious Liability Negligence Personal Injury Duty of Care Police Training

Case Brief

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Parties

Stuart Andrew McPhee

Pursuer and Respondent

W. J. M. Wilson, Q.P.M, Chief Constable, Central Scotland Police

Defender and Appellant

Procedural Posture

Appeal / Inner House, Court of Session (extra Division) Appeal From Sheriff Court

Legal Issues

  1. 1 Whether the employer (Chief Constable) is vicariously liable for personal injury caused by excessive force used by a fellow police officer during a training exercise
  2. 2 Whether the sheriff erred in finding that excessive force was used and that this constituted a breach of duty of care

Ratio Decidendi

The sheriff was entitled, on the evidence, to find that Constable Davidson used excessive force in breach of explicit instructions during a training exercise, causing injury to the respondent, and that the employer was vicariously liable for this breach of duty of care.

Court Disposition

Appeal refused

Orders

  • Sheriff's interlocutor affirmed; vicarious liability of the employer for the injury sustained by the respondent stands.