Friel v Brown

Civil procedure – Personal injury – Abuse of process – Collateral attack on conviction: Court of Session: In an action in which the pursuer, who was convicted of causing death/serious injury by dangerous driving, the jury having rejected his special defence of automatism, contended that the fatal accident occurred after he blacked out and alleged that the defender, his GP, was negligent in prescribing antihypertensive medication, seeking reparation for psychological injury resulting from the accident, the cost of instructing his defence and wage loss, the court held that the pursuer's case amounted to a collateral challenge to his conviction contrary to public policy and was therefore an abuse of process, and it dismissed the action on that basis.

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