M'Creadie v. Thomson [1907] ScotLR 783 (09 July 1907)

M'Creadie v. Thomson [1907] ScotLR 783 (09 July 1907)

A magistrate who, acting under statutory jurisdiction, imposes a sentence not authorised by statute and thereby causes imprisonment acts wholly ultra vires and is civilly liable in damages without the need for proof of malice.

Citation
[1907] ScotLR 783
Parties
Pursuer: Mrs Helen Folan, otherwise Tolan, or M'Creadie; Defender: William Brown Thomson
Jurisdiction
Scotland
Judgment Date
09 July 1907
Procedural Posture
Civil (reparation/damages) / Inner House Appeal (reclaiming Note) From Lord Ordinary's Interlocutor
Outcome
Reclaiming note refused; interlocutor of Lord Ordinary adhered to; cause remitted for further procedure.
Legal Topics
Wrongful Imprisonment, Judicial Immunity, Magistrates' Liability, Ultra Vires Acts, Burgh Police (scotland) Act 1892
Tort Public Law Criminal Procedure Wrongful Imprisonment Judicial Immunity Magistrates' Liability Ultra Vires Acts Burgh Police (scotland) Act 1892

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Parties

Mrs Helen Folan, otherwise Tolan, or M'Creadie

Pursuer

William Brown Thomson

Defender

Procedural Posture

Civil (reparation/damages) / Inner House Appeal (reclaiming Note) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether a magistrate is civilly liable in damages for imprisonment imposed ultra vires under statute
  2. 2 Whether malice must be averred where the act is wholly ultra vires and results in loss of liberty

Ratio Decidendi

A magistrate who, acting under statutory jurisdiction, imposes a sentence not authorised by statute and thereby causes imprisonment acts wholly ultra vires and is civilly liable in damages without the need for proof of malice.

Court Disposition

Reclaiming note refused; interlocutor of Lord Ordinary adhered to; cause remitted for further procedure.

Orders

  • Repel defender's pleas of absolute privilege and relevancy.
  • Remit cause to Lord Ordinary for proof of averments.