The pursuers each sought damages, saying that the conditions in which they had been held whilst prisoners in HMP Barlinnie had infringed their human rights.
Held: It would be contrary to public policy and an abuse of process for a person to proceed by way of an ordinary action to establish that a public authority’s decision had infringed rights that were entitled to protection under public law. Where private rights depended on prior public law decisions, they must ordinarily be litigated by judicial review.
Judges:
Lord President, Lady Smith, Lord Wheatley
Citations:
[2011] ScotCS CSIH – 58, 2012 SC 150
Links:
Statutes:
European Convention on Human Rights 3 8
Jurisdiction:
Scotland
Cited by:
Cited – Ruddy v Chief Constable, Strathclyde Police and Another SC 28-Nov-2012
The pursuer said that he had been assaulted whilst in the custody of the responder’s officers. He began civil actions after his complaint was rejected. He repeated the allegation of the assault, and complained also as to the conduct of the . .
Lists of cited by and citing cases may be incomplete.
Prisons, Torts – Other, Human Rights
Updated: 19 September 2022; Ref: scu.443605