Murray v. Fraser [1915] ScotLR 277 (07 January 1915)

Murray v. Fraser [1915] ScotLR 277 (07 January 1915)

Civil liability for damages cannot be implied from the Criminal Law Amendment Act 1885, sec. 5(1); the statute creates criminal liability but does not expressly provide for civil damages.

Citation
[1915] ScotLR 277
Parties
Pursuer: Miss Kate Murray; Curator and Administrator in Law for Pursuer: Alexander Murray; Defender: David Fraser
Jurisdiction
Scotland
Judgment Date
07 January 1915
Procedural Posture
Civil Action for Damages / Reclaiming Note; Interlocutor Recalled and Case Remitted for Proof Before Answer
Outcome
interlocutor of Lord Ordinary recalled; case remitted for proof before answer
Legal Topics
Seduction, Statutory Offences, Civil Liability for Statutory Crime, Procedure for Early Hearing
Reparation Criminal Law Seduction Statutory Offences Civil Liability for Statutory Crime Procedure for Early Hearing

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Parties

Miss Kate Murray

Pursuer

Alexander Murray

Curator and Administrator in Law for Pursuer

David Fraser

Defender

Procedural Posture

Civil Action for Damages / Reclaiming Note; Interlocutor Recalled and Case Remitted for Proof Before Answer

Legal Issues

  1. 1 Whether civil damages can be claimed for carnal knowledge under Criminal Law Amendment Act 1885, sec. 5(1)
  2. 2 Whether the pursuer's averments are relevant and sufficient to support the conclusions of the summons

Ratio Decidendi

Civil liability for damages cannot be implied from the Criminal Law Amendment Act 1885, sec. 5(1); the statute creates criminal liability but does not expressly provide for civil damages.

Court Disposition

interlocutor of Lord Ordinary recalled; case remitted for proof before answer

Orders

  • Case remitted to Lord Ordinary for proof before answer
  • Amendment of record proposed by pursuer allowed