Walker v. Brander [1920] ScotLR 651 (20 July 1920)

Walker v. Brander [1920] ScotLR 651 (20 July 1920)

The pursuer was an 'accused' within the meaning of section 33(3) of the Summary Jurisdiction (Scotland) Act 1908, entitling the court to grant a warrant for apprehension upon her failure to appear. The acts complained of were done under the Act, and the statutory immunity in section 59 applied. The action for damages was therefore excluded, and the defender was entitled to absolvitor.

Citation
[1920] ScotLR 651
Parties
Pursuer: Mrs Helen Cowie or Walker; Defender: George Brander
Jurisdiction
Scotland
Judgment Date
20 July 1920
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Decision
Outcome
appeal refused; interlocutor adhered to; defender assoilzied (absolved) with expenses
Legal Topics
Reparation, Wrongful Apprehension, Statutory Interpretation, Dogs Act 1871, Summary Jurisdiction (scotland) Act 1908, Public Official Immunity
Civil Procedure Public Law Tort/delict Reparation Wrongful Apprehension Statutory Interpretation Dogs Act 1871 Summary Jurisdiction (scotland) Act 1908 +1 more

Case Brief

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Parties

Mrs Helen Cowie or Walker

Pursuer

George Brander

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Decision

Legal Issues

  1. 1 Whether the pursuer was an 'accused' within the meaning of section 33(3) of the Summary Jurisdiction (Scotland) Act 1908
  2. 2 Whether the procurator-fiscal was entitled to obtain a warrant for apprehension under the Act
  3. 3 Whether the action for damages is excluded by section 59 of the 1908 Act

Ratio Decidendi

The pursuer was an 'accused' within the meaning of section 33(3) of the Summary Jurisdiction (Scotland) Act 1908, entitling the court to grant a warrant for apprehension upon her failure to appear. The acts complained of were done under the Act, and the statutory immunity in section 59 applied. The action for damages was therefore excluded, and the defender was entitled to absolvitor.

Court Disposition

appeal refused; interlocutor adhered to; defender assoilzied (absolved) with expenses

Orders

  • The reclaiming note is refused.
  • The interlocutor of the Lord Ordinary is adhered to.