A party in civil proceedings who sought to challenge a sheriff’s ruling not to impose a penalty after the other party was found in contempt of court is entitled to appeal against the decision, the Sheriff Appeal Court has ruled. The court held that the appellant did have a “continuing locus” t
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A former client of a Scottish legal firm who challenged a sheriff’s decision to grant decree in favour of the solicitors over his failure to pay their fees for work they did on his behalf has had his appeal dismissed. The Sheriff Appeal Court upheld the sheriff’s conclusion that the firm was ent
A sheriff has ruled that a family home that was built on a plot of land owned by one party to a marriage but which was not matrimonial property could be valued separately from the land for the purposes of calculating financial provision on divorce. The pursuer claimed that when the house was built o
A man who was disqualified from driving for life following the latest in a series of motoring offences has failed in an appeal against the sentence imposed. The Sheriff Appeal Court dismissed Robert Laidlaw’s claim that the ban was “excessive” after noting that the appellant had an “appallin
The Sheriff Appeal Court has refused an appeal against a personal injury sheriff’s decision to sanction the employment of counsel in an action by an electrician who settled a damages claim against his former employers for pleural plaques he developed as a result of exposure to asbestos. Sheriff Pr
A Scottish national park authority has successfully challenged a sheriff’s decision to allow an appeal by an estate owner who had taken to steps to prevent or deter members of the public from accessing the land. The Sheriff Appeal Court ruled that the sheriff’s approach to the evidence on the ti
A woman who was seeking compensation for “distress” after she was photographed urinating on an Aberdeenshire golf course owned by U.S. President Donald Trump has failed in her claim. Carol Rohan Beyts, 62, was seeking £3,000 from Trump International Golf Links Scotland, claiming staff had breac
A man who was seriously injured when shards of glass struck him on the face after another man punched the glass door of a take away is to be awarded damages. A sheriff granted summary decree after ruling that that the defender, who pled guilty to “culpably and recklessly” punching through the gl
A man found guilty of behaving in a “threatening and abusive manner likely to cause a reasonable person to suffer fear or alarm” after approaching a 14-year-old girl and asking to go with her to her home has failed in an appeal against his conviction. The Sheriff Appeal Court rejected the argume
A newsagent found guilty of lewd, indecent and libidinous practices towards young female employees aged between 13 and 16, who claimed that he been denied a fair trial because a sheriff’s comment to one of the witnesses that she had been “very brave” in giving her evidence showed a lack of imp
A lecturer who was removed from his position as a board member of Glasgow Clyde College and consequently disqualified for life from being a member of other boards has failed in a legal challenge to the legislative order removing almost the entire board from office for “mismanagement”. A judge in
A former priest has been ordered to pay his brother-in-law more than £140,000 in damages from his late father’s estate following a family dispute over the lease of a fish and chip shop. John Gray was awarded damages for loss of profits in his action against Father Roderick MacNeil, after the Sher
A solicitor and RAF wing commander found guilty of behaving in a “threatening or abusive manner” towards his wife has had an appeal refused after claiming he should have been given an “absolute discharge”. The Sheriff Appeal Court rejected the appellant’s claim that there had been a “mis
A couple who were the victims of an “intentional course of harassment” at the hands of their neighbours have successfully challenged a sheriff’s decision to refuse their claim for interdict. The Sheriff Appeal Court ruled that the sheriff erred in law in holding that the appellants’ claim fa
A debtor does have the necessary “interest” to apply for reappointment as a trustee in a sequestration where further assets come to light following discharge, appeal sheriffs have ruled. The Sheriff Appeal Court held that the Accountant in Bankruptcy could make an application to a sheriff under
