Mason v Orr [1901] ScotCS CSIH_1 (28 November 1901)

Mason v Orr [1901] ScotCS CSIH_1 (28 November 1901)

The pursuer had no higher right than any other member of the public to occupy the pavement when the street was being lawfully cleared by police for public order, and the force used was not manifestly excessive or unlawful.

Citation
[1901] ScotCS CSIH_1
Parties
Pursuer: Mason; Defender: Orr
Jurisdiction
Scotland
Judgment Date
28 November 1901
Procedural Posture
Civil / Judgment on Relevancy of Pleadings
Outcome
defender assoilzied (absolved) from the action
Legal Topics
Police Powers, Assault, Public Order, Property Rights
Tort Public Law Police Powers Assault Public Order Property Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Mason

Pursuer

Orr

Defender

Procedural Posture

Civil / Judgment on Relevancy of Pleadings

Legal Issues

  1. 1 Whether the police officer's use of force constituted an unlawful assault
  2. 2 Whether the pursuer had a superior right to occupy the pavement during a public event
  3. 3 Whether the force used by police was excessive

Ratio Decidendi

The pursuer had no higher right than any other member of the public to occupy the pavement when the street was being lawfully cleared by police for public order, and the force used was not manifestly excessive or unlawful.

Court Disposition

defender assoilzied (absolved) from the action

Orders

  • Action dismissed in favour of the defender