Park v. David Macbrayne Ltd [1910] ScotLR 315 (22 January 1910)

Park v. David Macbrayne Ltd [1910] ScotLR 315 (22 January 1910)

Because the pursuer's own averments show the arrest was carried out by ship's officers acting under the captain's orders, the occasion is privileged, and the issue for trial must require proof that the arrest was malicious and without probable cause.

Citation
[1910] ScotLR 315
Parties
Pursuer: George Park; Defender: David MacBrayne Limited
Jurisdiction
Scotland
Judgment Date
22 January 1910
Procedural Posture
Civil (reparation/damages) / Interlocutory (motion to Vary Issue Before Trial)
Outcome
motion refused
Legal Topics
Wrongful Arrest, Privilege of Ship Officers, Malice and Want of Probable Cause, Merchant Shipping Act 1894
Tort Maritime Law Criminal Procedure Wrongful Arrest Privilege of Ship Officers Malice and Want of Probable Cause Merchant Shipping Act 1894

Case Brief

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Parties

George Park

Pursuer

David MacBrayne Limited

Defender

Procedural Posture

Civil (reparation/damages) / Interlocutory (motion to Vary Issue Before Trial)

Legal Issues

  1. 1 Whether the issue for trial should require proof that the arrest was 'maliciously and without probable cause' given the privilege of ship officers acting under the captain's orders.
  2. 2 Whether the pursuer's averments disclose a privileged occasion requiring malice and want of probable cause to be pled.

Ratio Decidendi

Because the pursuer's own averments show the arrest was carried out by ship's officers acting under the captain's orders, the occasion is privileged, and the issue for trial must require proof that the arrest was malicious and without probable cause.

Court Disposition

motion refused

Orders

  • The Court refused the pursuer's motion to delete 'maliciously and without probable cause' from the issue. The issue as approved by the Lord Ordinary stands.