The pursuer was a serving prisoner. He said he had been repeatedly searched without lawful authority, warrant or justifiable cause. He raised an action of reparation in the sheriff court in which he sought damages from the Secretary of State for each illegal search. He also sought interdict against him from carrying out any searches without lawful authority, warrant or justifiable cause and interim interdict. The sheriff refused to grant interim interdict. He held that the crave for interdict was incompetent by virtue of section 21 of the 1947 Act. The pursuer was also challenging standing orders and that this was a matter which would require to be made the subject of judicial review in the Court of Session.
1994 SC 234
Crown Proceedings Act 1947 21
Citing:
Cited – M v Home Office and Another; In re M HL 27-Jul-1993
A Zairian sought asylum, but his application, and an application for judicial review were rejected. He was notified that he was to be returned to Zaire, but then issued new proceedings for judicial review. The judge said that his removal should be . .
Appealed to – McDonald v Secretary of State for Scotland IHCS 2-Feb-1994
The pursuer, a prisoner, complained that he had been subject to repeated searches which he claimed were illegal. He sought damages and an injunction.
Held: The action which the pursuer had raised was an ordinary action in the sheriff court was . .
Cited by:
Cited – Davidson v Scottish Ministers HL 15-Jul-2004
The claimant had sought damages for the conditions in which he had been held in prison in Scotland. He later discovered that one of the judges had acted as Lord Advocate representing as to the ability of the new Scottish Parliamentary system to . .
Appeal from – McDonald v Secretary of State for Scotland IHCS 2-Feb-1994
The pursuer, a prisoner, complained that he had been subject to repeated searches which he claimed were illegal. He sought damages and an injunction.
Held: The action which the pursuer had raised was an ordinary action in the sheriff court was . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.199226
