Woman brings vicarious liability case against sheriff accused of inappropriate behaviour as costs soar

Sheriff Jack Brown, who was suspended in 2018, is awaiting the outcome of a separate tribunal case into the allegations against him.

The woman, who cannot be named, is suing the Crown on the basis it was vicariously liable for his alleged assault and sexual harassment.

The overall fees for the case against him are likely to exceed £1 million.

Scottish Conservative justice spokesman Russell Findlay said: “Due to SNP cuts the justice system needs every penny it can get. So it is painful to now discover that the overall cost of the judiciary’s botched case against this sheriff is likely to top £1 million.

“This is compounded by the fact that the alleged victim in this protracted saga now feels she has been so badly let down that she needs to instigate more costly legal proceedings.”

The woman claims the sheriff hugged her in his chambers without consent, patted her bottom and referred to “your pretty face”. She said she was assaulted four times in 2018. Sheriff Brown denies any “wrongful conduct”.

The dispute revolves around whether the UK or Scottish government is responsible for the actions of a Crown servant in Scotland. Lord Clark said last year that only the allegations of actions that took place court could be considered and that the Crown was vicariously liable for the actions of the sheriff as he held a “degree of authority over practitioners such as the pursuer [the woman involved]”.

Kay Springham KC, for the Scottish government, told judges in the Inner House that although Sheriff Brown was a member of the judiciary there was no relationship supporting a claim of vicarious liability.