X AGAINST Y AND OTHERS [2023] ScotCS CSOH_17 (02 March 2023)

X AGAINST Y AND OTHERS [2023] ScotCS CSOH_17 (02 March 2023)

The Crown may be vicariously liable for the first two alleged incidents if the evidence establishes a close connection between the sheriff's position and the wrongful acts; however, the delictual claims for those incidents are time-barred. The Lord Advocate is the appropriate Law Officer to represent the Crown in this action, not the Advocate General for Scotland.

Citation
[2023] ScotCS CSOH_17
Parties
Pursuer: X; First Defender: Y; Third Defender: The Lord Advocate; Fourth Defender: The Advocate General for Scotland
Jurisdiction
Scotland
Judgment Date
02 March 2023
Procedural Posture
Civil (delict/harassment, Damages) / Interlocutory Judgment on Debate (pleadings Challenge Before Proof)
Outcome
Partial dismissal and exclusion from probation; proof before answer ordered for remaining issues; expenses reserved.
Legal Topics
Vicarious Liability, Judicial Office Holders, Harassment, Limitation/prescription, Crown Liability, Appropriate Law Officer
Tort/delict Public Law Judicial Immunity Employment Law Vicarious Liability Judicial Office Holders Harassment Limitation/prescription +2 more

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Parties

X

Pursuer

Y

First Defender

The Lord Advocate

Third Defender

The Advocate General for Scotland

Fourth Defender

Procedural Posture

Civil (delict/harassment, Damages) / Interlocutory Judgment on Debate (pleadings Challenge Before Proof)

Legal Issues

  1. 1 Whether the Crown can be vicariously liable for alleged assaults and harassment by a sheriff
  2. 2 Whether the claims are time-barred under the Prescription and Limitation (Scotland) Act 1973
  3. 3 Who is the appropriate Law Officer to represent the Crown in such proceedings

Ratio Decidendi

The Crown may be vicariously liable for the first two alleged incidents if the evidence establishes a close connection between the sheriff's position and the wrongful acts; however, the delictual claims for those incidents are time-barred. The Lord Advocate is the appropriate Law Officer to represent the Crown in this action, not the Advocate General for Scotland.

Court Disposition

Partial dismissal and exclusion from probation; proof before answer ordered for remaining issues; expenses reserved.

Orders

  • Dismissal of the case against the Advocate General for Scotland (fourth defender).
  • Exclusion from probation of averments regarding the first two alleged acts (18 May and 5 July 2018) in respect of the common law delictual claim against the Lord Advocate.