M'Gilvray v. Bernfield [1901] ScotLR 38_302 (26 January 1901)

M'Gilvray v. Bernfield [1901] ScotLR 38_302 (26 January 1901)

The pursuer's averments of wrongful apprehension and unnecessary force by police are sufficiently distinct and substantive to warrant a trial; the amended issue is approved for jury trial.

Citation
[1901] ScotLR 38_302
Parties
Pursuer: Isabella Fraser or M'Gilvray; Consenter: John M'Gilvray; Defender: William Bernfield; Defender: Fanny Cohen; Defender: Alexander Main; Defender: William Nisbet; Defender: Samuel Glass
Jurisdiction
Scotland
Judgment Date
26 January 1901
Procedural Posture
Action for Damages / Approval of Issues for Jury Trial
Outcome
Issues as amended approved for jury trial; action held relevant.
Legal Topics
Wrongful Apprehension, Use of Force by Police, Damages, Police Conduct
Tort Criminal Procedure Wrongful Apprehension Use of Force by Police Damages Police Conduct

Case Brief

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Parties

Isabella Fraser or M'Gilvray

Pursuer

John M'Gilvray

Consenter

William Bernfield

Defender

Fanny Cohen

Defender

Alexander Main

Defender

William Nisbet

Defender

Samuel Glass

Defender

Procedural Posture

Action for Damages / Approval of Issues for Jury Trial

Legal Issues

  1. 1 Whether police constables wrongfully and with unnecessary force and violence apprehended the pursuer
  2. 2 Whether the pursuer's averments are relevant for trial

Ratio Decidendi

The pursuer's averments of wrongful apprehension and unnecessary force by police are sufficiently distinct and substantive to warrant a trial; the amended issue is approved for jury trial.

Court Disposition

Issues as amended approved for jury trial; action held relevant.

Orders

  • Second issue as amended approved for trial
  • Case to proceed to evidence