Russell v Dickson
| Jurisdiction | Scotland |
| Judgment Date | 14 May 1997 |
| Date | 14 May 1997 |
| Court | Court of Session (Outer House) |
Outer House of the Court of Session
Before Mr T G Coutts, QC
Scots law - judicial immunity - sheriff not liable for acting in excess of jurisdiction
A sheriff acting as a judge of summary jurisdiction was not liable in damages for unreasonably ordering an accused man to be detained in a procedure that had been held on appeal to be incompetent.
Mr T G Coutts, QC, sitting as a temporary judge in the Outer House of the Court of Session, so held, dismissing an action of damages brought by Mr Richard Russell against Mr Robert Dickson, WS.
Mr Peter Ferguson for the pursuer; Mr Robert McCreadie for the defender.
HIS LORDSHIP said that the pursuer had appeared for trial before the defender, who was a sheriff, and had pleaded guilty to careless driving, driving with excess alcohol and failing to stop after an accident.
The defender, instead of proceeding to sentence, had adjourned the cause and remanded the pursuer in custody in order that inquiries could be made about the whole conduct of the case. As a result the pursuer had spent five days in Barlinnie Prison.
In delivering their opinion upon a bill of suspension brought by the pursuer the Criminal Appeal Court had described the defender's behaviour as having been in excess of his common law power to adjourn and the pursuer's detention as unreasonable and the proceedings thereafter as incompetent.
It was a somewhat ironic footnote to those events that the result of the defender's conduct had...
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