McKie v. John Orr [2002] ScotCS 40 (14th February, 2002)

McKie v. John Orr [2002] ScotCS 40 (14th February, 2002)

The pursuer's pleadings failed to disclose relevant averments of malice against any of the police officers involved in her arrest and subsequent processing. In the absence of such averments, the strong presumption of good faith and legality attaching to police officers' actions in the performance of their duty was not displaced. Accordingly, the action was fundamentally irrelevant and must be dismissed.

Citation
[2002] ScotCS 40
Parties
Pursuer: Shirley Jane McKie; Defender: John Orr
Jurisdiction
Scotland
Procedural Posture
Civil / Procedure Roll Debate (motion to Dismiss for Irrelevancy)
Outcome
action dismissed
Legal Topics
Malice, Assault, Public Officer Immunity, Arrest Procedure, Jury Trial Suitability
Civil Liability Police Law Delict Malice Assault Public Officer Immunity Arrest Procedure Jury Trial Suitability

Case Brief

Summary, issues, holding and outcome

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Parties

Shirley Jane McKie

Pursuer

John Orr

Defender

Procedural Posture

Civil / Procedure Roll Debate (motion to Dismiss for Irrelevancy)

Legal Issues

  1. 1 Whether the pursuer's pleadings disclose a relevant case of assault and malice against police officers executing a lawful arrest warrant
  2. 2 Whether the presumption of good faith and legality attaching to police officers' actions in the course of duty is displaced by the pursuer's averments
  3. 3 Whether the case is suitable for jury trial

Ratio Decidendi

The pursuer's pleadings failed to disclose relevant averments of malice against any of the police officers involved in her arrest and subsequent processing. In the absence of such averments, the strong presumption of good faith and legality attaching to police officers' actions in the performance of their duty was not displaced. Accordingly, the action was fundamentally irrelevant and must be dismissed.

Court Disposition

action dismissed

Orders

  • Sustain the defender's first plea-in-law and dismiss the action.