GWEN LOUDON AGAIN STEPHEN HOUSE, THE CHIEF CONSTABLE OF POLICE SCOTLAND [2014] ScotSC 23 (17 June 2014)

GWEN LOUDON AGAIN STEPHEN HOUSE, THE CHIEF CONSTABLE OF POLICE SCOTLAND [2014] ScotSC 23 (17 June 2014)

The pursuer was arrested and detained without justification, necessity, or corroborated evidence. There was no admission of guilt and no reasonable grounds for arrest. Malice is not required for liability in cases of unlawful deprivation of liberty. The defender is liable for damages for wrongful arrest and psychiatric injury.

Citation
[2014] ScotSC 23
Parties
Pursuer: Gwen Louden; Defender: Stephen House, Chief Constable of Police Scotland
Jurisdiction
Scotland
Judgment Date
17 June 2014
Procedural Posture
Civil Action for Damages / Judgment After Proof
Outcome
decree granted in favour of pursuer
Legal Topics
Wrongful Arrest, Unlawful Detention, Psychiatric Injury, Damages, Malice, Privilege of Police Officers
Tort Police Law Human Rights Wrongful Arrest Unlawful Detention Psychiatric Injury Damages Malice +1 more

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Parties

Gwen Louden

Pursuer

Stephen House, Chief Constable of Police Scotland

Defender

Procedural Posture

Civil Action for Damages / Judgment After Proof

Legal Issues

  1. 1 Was the arrest and detention of the pursuer wrongful and unlawful?
  2. 2 Is malice a necessary element for liability in wrongful arrest by police?
  3. 3 Is the defender liable for psychiatric injury caused by the arrest?

Ratio Decidendi

The pursuer was arrested and detained without justification, necessity, or corroborated evidence. There was no admission of guilt and no reasonable grounds for arrest. Malice is not required for liability in cases of unlawful deprivation of liberty. The defender is liable for damages for wrongful arrest and psychiatric injury.

Court Disposition

decree granted in favour of pursuer

Orders

  • Defender liable to pursuer for £4,000 damages with interest on £2,500 at 8% per annum from 25 June 2010 until payment, and on £1,500 at 8% per annum from 25 June 2011 until payment.
  • Defender liable for expenses of the action as taxed.