Hill v. Campbell And Another [1905] ScotLR 43_226 (09 December 1905)

Hill v. Campbell And Another [1905] ScotLR 43_226 (09 December 1905)

The pursuer was not entitled to issues regarding arrest or charge because conviction established probable cause, and no sufficient facts were averred to infer malice or improper violence. The issues proposed were inappropriate and must be disallowed.

Citation
[1905] ScotLR 43_226
Parties
Pursuer: Thomas Benjamin Hill; Defender: Donald Campbell; Defender: William Smith
Jurisdiction
Scotland
Judgment Date
09 December 1905
Procedural Posture
Action of Damages / Appeal From Sheriff Court; Motion for Jury Trial Issues
Outcome
action dismissed
Legal Topics
Reparation, Illegal Arrest, False Charge, Malice, Probable Cause, Police Conduct, Unnecessary Violence
Tort Criminal Law Public Law Reparation Illegal Arrest False Charge Malice Probable Cause +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Thomas Benjamin Hill

Pursuer

Donald Campbell

Defender

William Smith

Defender

Procedural Posture

Action of Damages / Appeal From Sheriff Court; Motion for Jury Trial Issues

Legal Issues

  1. 1 Whether the pursuer was entitled to issues regarding illegal arrest and false charge by police constables acting within their duty
  2. 2 Whether conviction precludes claim of want of probable cause
  3. 3 Whether averments of malice and unnecessary violence are sufficient to warrant a jury issue

Ratio Decidendi

The pursuer was not entitled to issues regarding arrest or charge because conviction established probable cause, and no sufficient facts were averred to infer malice or improper violence. The issues proposed were inappropriate and must be disallowed.

Court Disposition

action dismissed

Orders

  • issues disallowed
  • action dismissed