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A man accused of a statutory breach of the peace who was seeking to suspend an apprehension warrant has been told by the Sheriff Appeal Court that his legal challenge was “incompetent”. The appeal sheriffs concluded that suspension of a warrant such as this granted by a sheriff exercising his ad

A sheriff has refused to sanction the employment of junior counsel in a low value personal injury case in which counsel was instructed for the pursuer to ensure there was no “unfair advantage” after the defenders agents had advised they had instructed an advocate to represent them at the proof.

Three men who claimed that the “blanket ban” that prevents people with unspent criminal convictions which resulted in a custodial sentence or community order from being eligible for redress under the Criminal Injuries Compensation Scheme have had their legal challenge dismissed. The claimants ar

An energy company which raised an action against an engineering contractor after a major tunnel collapsed at an electricity generation scheme has had a £130 million claim dismissed by a judge in the Court of Session. Lord Woolman (pictured) found against Scottish & Southern Energy in its claim

A motorist found guilty of dangerous driving after crossing over onto the opposite carriageway while “admiring the scenery” and crashing into an oncoming vehicle has lost an appeal in which she claimed she ought to be have been convicted of the lesser charge of careless driving. The Sheriff Appe

of third parties. The body must be prepared within a very short time of death, ideally within minutes and at most within a few hours. Arrangements then have to be made for it to be transported by a registered funeral director to the premises in the United States where it is to be stored. “Evident

A man found guilty of posting “threatening” messages on a former partner’s Facebook page following a dispute over contact with the ex-couple’s child has successfully appealed against his conviction. The Sheriff Appeal Court ruled that the sheriff erred in repelling a defence submission of �

A motorist who was given a community payback order and banned from the road after he admitted falling asleep at the wheel and crashing into an oncoming vehicle has successfully appealed against his sentence, in the first reported Scottish decision to consider the offence of causing injury by dangero

A car finance company which applied to a court to have a customer jailed after he failed to pay the instalments have had their application refused by a sheriff. The pursuers Moneybarn No 1 had agreed with the defender Steven Bell that he would purchase a car for a specified sum, but he did not pay a

A man found guilty of assaulting a woman with a block of wood and a separate charge of carrying an offensive weapon in public has failed in an appeal against his conviction. The appellant claimed that he had been charged twice on the same facts and convicted on both charges, which amounted to “dou

The Sheriff Appeal Court has refused a motion to remit an appeal to the Court of Session after ruling that the case would not set an “important precedent”. The question to be resolved in the appeal was the proper definition of alienation, and whether the grant of a personal guarantee was an alie

Three flat-sharing university students who sued their landlady after she failed to lodge their deposit into an approved tenancy deposit scheme have been awarded more than £1800. A sheriff imposed a sanction of £1253 for the landlady’s admitted breach of the tenancy deposit regulations and a fina

A motorist who was jailed after admitting driving while disqualified and without insurance has failed in an appeal against his sentence. Stephen Gilchrist, who was sentenced to 11 months imprisonment – reduced from 12 on account of his guilty plea – argued that he ought to have been given a grea

A man who was jailed for four months after being found guilty of hare coursing has successfully appealed against his sentence. The Sheriff Appeal Court allowed the appeal after ruling that the sheriff ought to have imposed a “substantial fine” as an alternative to custody.

A family of balaclava-clad anti fox-hunting protestors who were found guilty of a statutory breach of the peace after following a hunt have failed in an appeal against their convictions. Colin Milne and Beverly Milne and their daughter Amy Lilburn were convicted of behaving in a “threatening” ma