ALAN RAYMOND MYLES v. BARRY HEYWOOD [2001] ScotSC 16 (10th September, 2001)

ALAN RAYMOND MYLES v. BARRY HEYWOOD [2001] ScotSC 16 (10th September, 2001)

The action is incompetent because a sheriff in civil capacity cannot interdict a procurator fiscal from proceeding with a criminal prosecution. No authority exists for such an interdict, and the general rule prohibits interdict against the Crown.

Citation
[2001] ScotSC 16
Parties
Pursuer: Alan Raymond Myles; Defender: Barry Heywood
Jurisdiction
Scotland
Procedural Posture
Civil / Application for Warrant to Cite and Interim Interdict
Outcome
application refused
Legal Topics
Interdict, Prosecution Guidelines, Article 8 ECHR, Competency of Civil Action Against Procurator Fiscal
Civil Procedure Criminal Law Human Rights Interdict Prosecution Guidelines Article 8 ECHR Competency of Civil Action Against Procurator Fiscal

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Parties

Alan Raymond Myles

Pursuer

Barry Heywood

Defender

Procedural Posture

Civil / Application for Warrant to Cite and Interim Interdict

Legal Issues

  1. 1 Whether a sheriff in civil capacity can interdict a procurator fiscal from proceeding with a criminal prosecution
  2. 2 Whether the pursuer's Article 8 ECHR rights are breached by the prosecution

Ratio Decidendi

The action is incompetent because a sheriff in civil capacity cannot interdict a procurator fiscal from proceeding with a criminal prosecution. No authority exists for such an interdict, and the general rule prohibits interdict against the Crown.

Court Disposition

application refused

Orders

  • refused to grant a warrant to cite