Harvey v. Sturgeon [1912] ScotLR 717 (18 May 1912)

Harvey v. Sturgeon [1912] ScotLR 717 (18 May 1912)

On pursuer's averments alone, the police act was prima facie wrongful; malice and want of probable cause need not be put in issue at this stage; the pursuer is entitled to an issue in the proposed form for jury trial.

Citation
[1912] ScotLR 717
Parties
Pursuer: Duncan Harvey; Defender: Alexander Sturgeon; Defender: Andrew Stirling
Jurisdiction
Scotland
Judgment Date
18 May 1912
Procedural Posture
Reparation (damages) / Approval of Issue for Jury Trial
Outcome
Issue approved for jury trial; interlocutor recalled; proof before answer allowed.
Legal Topics
Wrongful Arrest, Malice, Privilege, Probable Cause, Glasgow Police Act 1866
Tort Criminal Procedure Police Powers Wrongful Arrest Malice Privilege Probable Cause Glasgow Police Act 1866

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Duncan Harvey

Pursuer

Alexander Sturgeon

Defender

Andrew Stirling

Defender

Procedural Posture

Reparation (damages) / Approval of Issue for Jury Trial

Legal Issues

  1. 1 Whether police constables wrongfully and illegally apprehended the pursuer without warrant and without probable cause
  2. 2 Whether malice and want of probable cause must be put in issue in cases of privilege under police powers

Ratio Decidendi

On pursuer's averments alone, the police act was prima facie wrongful; malice and want of probable cause need not be put in issue at this stage; the pursuer is entitled to an issue in the proposed form for jury trial.

Court Disposition

Issue approved for jury trial; interlocutor recalled; proof before answer allowed.

Orders

  • Proposed issue approved as stated by pursuer's counsel.
  • Case proceeds to jury trial on issue of wrongful and illegal apprehension.