Wilson v. Bennett [1904] ScotLR 41_216 (16 January 1904)

Wilson v. Bennett [1904] ScotLR 41_216 (16 January 1904)

A prior criminal conviction for assault on a policeman does not bar a civil action for damages against the policeman for an alleged assault committed by the policeman prior to the incident for which the pursuer was convicted; the criminal conviction is not res judicata in the civil action.

Citation
[1904] ScotLR 41_216
Parties
Pursuer/appellant: George Albert Wilson; Defender/respondent: Alexander Bennett
Jurisdiction
Scotland
Judgment Date
16 January 1904
Procedural Posture
Civil Appeal (damages for Assault) / Appeal From Sheriff Court to Court of Session Inner House, Second Division
Outcome
Appeal allowed; action to proceed to jury trial.
Legal Topics
Res Judicata, Damages for Assault, Effect of Criminal Conviction on Civil Action
Civil Procedure Tort Law Res Judicata Damages for Assault Effect of Criminal Conviction on Civil Action

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Parties

George Albert Wilson

Pursuer/appellant

Alexander Bennett

Defender/respondent

Procedural Posture

Civil Appeal (damages for Assault) / Appeal From Sheriff Court to Court of Session Inner House, Second Division

Legal Issues

  1. 1 Does a prior criminal conviction for assault on a policeman bar a civil action for damages against the policeman for an alleged prior assault?
  2. 2 Is a conviction in a criminal court res judicata in a subsequent civil action arising from the same incident?

Ratio Decidendi

A prior criminal conviction for assault on a policeman does not bar a civil action for damages against the policeman for an alleged assault committed by the policeman prior to the incident for which the pursuer was convicted; the criminal conviction is not res judicata in the civil action.

Court Disposition

Appeal allowed; action to proceed to jury trial.

Orders

  • Court refused defender's motion to insert 'wrongously' in the issue.
  • Court approved issue as proposed by appellant for jury trial.