McKie v. Orr [2003] ScotCS 54 (28 February 2003)

McKie v. Orr [2003] ScotCS 54 (28 February 2003)

The pursuer's averments regarding the conduct of the police officers during her arrest, public handling, and intimate search do not provide sufficient factual basis to infer malice or lack of probable cause. Each alleged wrong must be considered individually, and none justify an inference of malice. The presumption of good faith stands, and the action is irrelevant.

Citation
[2003] ScotCS 54
Parties
Pursuer: Shirley Jane McKie; Defender: John Orr
Jurisdiction
Scotland
Judgment Date
04 March 2004
Procedural Posture
Reclaiming Motion / Appeal Against Dismissal of Action
Outcome
reclaiming motion refused; action dismissed
Legal Topics
Malice, Assault, Probable Cause, Arrest Procedures
Civil Liability Police Law Malice Assault Probable Cause Arrest Procedures

Case Brief

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Parties

Shirley Jane McKie

Pursuer

John Orr

Defender

Procedural Posture

Reclaiming Motion / Appeal Against Dismissal of Action

Legal Issues

  1. 1 Whether the pursuer's averments are sufficient to infer malice and lack of probable cause by police officers during arrest and subsequent procedures
  2. 2 Whether the conduct of police officers amounted to assault for civil claim purposes

Ratio Decidendi

The pursuer's averments regarding the conduct of the police officers during her arrest, public handling, and intimate search do not provide sufficient factual basis to infer malice or lack of probable cause. Each alleged wrong must be considered individually, and none justify an inference of malice. The presumption of good faith stands, and the action is irrelevant.

Court Disposition

reclaiming motion refused; action dismissed

Orders

  • Interlocutor of Lord Ordinary affirmed
  • No proof before answer allowed