Whitehouse v Gormley and others

Civil procedure – Damages – Wrongful detention, arrest and prosecution – Human rights. Court of Session: In an action in which one of the former administrators of Rangers Football Club sought damages of £9m from the Chief Constable of Police Scotland, the Procurator Fiscal for Specialist Casework in the Crown Office and the Lord Advocate for alleged wrongful detention, arrest and prosecution based on common law fault and breaches of arts 5 and 8 of the European Convention on Human Rights, the court rejected the Lord Advocate's submission that the art 8 claim should be dismissed in advance of proof but upheld his plea of absolute immunity in respect of the common law claims, which meant that the actions against him would proceed in respect of only the Human Rights Convention claims; as to the pursuer's claim against the police, the court rejected his submission that it could be decided on the pleadings that he need not prove malicious conduct on their part, with the result that the claim against the chief constable, and the defences to it, would proceed to a proof before answer.

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