Legal Definitions - concourse

Concourse is a legal term primarily used in Scots law, referring to several distinct situations:

• It most commonly refers to the necessary consent or agreement of the public prosecutor for a private individual to initiate or continue a criminal prosecution. This ensures that private actions align with public interest and legal standards, preventing frivolous or vexatious cases.

• It can also describe the simultaneous existence of different types of legal actions, such as a civil lawsuit and a criminal case, all stemming from the same underlying events or facts.

• Less commonly, it can refer to a situation where multiple creditors or claimants are asserting rights over the same assets or funds.

Here are some examples illustrating the application of "concourse":

• Example 1 (Prosecutor's Concurrence in Scots Law):

  Imagine a situation in Scotland where a person believes they have been the victim of a serious fraud, but the public prosecutor (the Lord Advocate or Procurator Fiscal) decides not to pursue a criminal case due to insufficient evidence or other priorities. If the victim wishes to bring a private criminal prosecution against the alleged fraudster, they would typically require the concourse of the Lord Advocate. This means the Lord Advocate must give their formal consent for the private prosecution to proceed, ensuring it is in the public interest and meets legal standards, even if the state is not leading the case.

• Example 2 (Simultaneous Civil and Criminal Actions):

  Consider a scenario where a company executive embezzles a large sum of money from their employer. This single act of embezzlement can lead to a concourse of legal actions. The executive might face a criminal prosecution initiated by the state, aiming to punish them for the crime. Simultaneously, the company itself could file a civil lawsuit against the executive, seeking to recover the stolen funds and any financial damages incurred. Both the criminal and civil cases arise from the same fraudulent activity, illustrating the simultaneous existence of different legal proceedings.

• Example 3 (Conflict Among Claimants):

  Suppose a small construction business goes bankrupt, owing money to its bank, several material suppliers, and its employees for unpaid wages. When the business's remaining assets are liquidated, there will be a concourse of creditors. This means multiple parties (the bank, the suppliers, and the employees) all have legitimate claims against the limited funds available. The legal process will then involve determining the priority of these claims and how the assets will be distributed among the various claimants, often leading to a complex legal proceeding to resolve the competing demands.