by Gordon Dangerfield (27 Feb 2022)
I’m very pleased to be able to update you all at last on developments in Mark’s action for malicious prosecution.
Since my post of 26 July last year when I shared my firm’s letter before action to the Lord Advocate, we’ve been engaged in what is called “pre-action correspondence” with the defenders. I’ll say more about that below.
However, the upshot is that we have now lodged at Jedburgh Sheriff Court the document which initiates court proceedings – called, appropriately enough, an “initial writ” – and on 11 February the court granted a warrant for the action to be served on both defenders – the Chief Constable of Police Scotland and the Lord Advocate.
The action was served on 17 February and each of the defenders now has until 10 March to confirm to the court that they intend to defend it.
They will then be allowed further time to lodge their detailed defences and the court will issue a timetable setting out how things are to proceed from there.
We are suing for damages of £200,000.
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