X AGAINST SHERIFF JOHN ALBERT BROWN AND THE LORD ADVOCATE [2024] ScotCS CSIH_6 (12 April 2024)

X AGAINST SHERIFF JOHN ALBERT BROWN AND THE LORD ADVOCATE [2024] ScotCS CSIH_6 (12 April 2024)

Judicial office-holders are not akin to employees of the Scottish Government due to the deliberate absence of executive control and the constitutional imperative of judicial independence. The Scottish Government cannot be vicariously liable for delicts committed by a sheriff outside the exercise of judicial functions, even if there is a close connection to those functions. The pursuer’s averments as to vicarious liability are irrelevant and the action against the Lord Advocate (representing the Scottish Government) must be dismissed.

Citation
[2024] ScotCS CSIH_6
Parties
Pursuer and Subsidiary Reclaimer: X; First Defender: Sheriff John Albert Brown; Third Defender and Principal Defender: The Lord Advocate
Jurisdiction
Scotland
Judgment Date
12 April 2024
Procedural Posture
Civil Appeal (reclaiming Motion) / Inner House, Court of Session – Appeal From Lord Ordinary’s Decision
Outcome
Appeal by Lord Advocate allowed; action against Lord Advocate dismissed; pursuer’s cross-appeal refused.
Legal Topics
Vicarious Liability, Judicial Independence, Harassment, Limitation of Actions, Crown Liability
Tort/delict Constitutional Law Employment Law Vicarious Liability Judicial Independence Harassment Limitation of Actions Crown Liability

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Parties

X

Pursuer and Subsidiary Reclaimer

Sheriff John Albert Brown

First Defender

The Lord Advocate

Third Defender and Principal Defender

Procedural Posture

Civil Appeal (reclaiming Motion) / Inner House, Court of Session – Appeal From Lord Ordinary’s Decision

Legal Issues

  1. 1 Whether the Crown (Scottish Government) can be vicariously liable for delicts committed by a sheriff not exercising judicial functions but with a close connection to those functions
  2. 2 Whether the relationship between the Crown and a sheriff is 'akin to employment' for vicarious liability purposes
  3. 3 Whether the claims are time-barred under the Prescription and Limitation (Scotland) Act 1973

Ratio Decidendi

Judicial office-holders are not akin to employees of the Scottish Government due to the deliberate absence of executive control and the constitutional imperative of judicial independence. The Scottish Government cannot be vicariously liable for delicts committed by a sheriff outside the exercise of judicial functions, even if there is a close connection to those functions. The pursuer’s averments as to vicarious liability are irrelevant and the action against the Lord Advocate (representing the Scottish Government) must be dismissed.

Court Disposition

Appeal by Lord Advocate allowed; action against Lord Advocate dismissed; pursuer’s cross-appeal refused.

Orders

  • Dismiss the action against the third defender (Lord Advocate).
  • Refuse the pursuer’s reclaiming motion.