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A man accused on summary complaint of housebreaking against whom solemn proceedings over the same incident were dropped following an appeal has failed in a plea to have the case against him deserted. The Sheriff Appeal Court refused an appeal by Donnie Potts, who challenged a sheriff’s decision to

A man who claimed he was unaware that a document he signed included an indemnity has successfully challenged a sheriff’s decision to dismiss his case. The Sheriff Appeal Court allowed a proof before answer after ruling that the sheriff’s judgment was “completely inadequate” in that it failed

The sister of a man with severe learning difficulties has failed in an appeal against a sheriff’s decision to appoint a local authority social worker as welfare guardian to her brother. The woman complained that the mental health officer who prepared a report which favoured the council’s applica

A man accused of a statutory breach of the peace and resisting arrest has had the complaint against him dismissed after successfully challenging a summary sheriff’s decision to adjourn his trial. The Sheriff Appeal Court deserted the complaint simpliciter after ruling that the sheriff failed to �

The Scottish Ministers have successfully challenged a judge’s decision to reduce a planning consent granted for the development of a new wind farm near Fort Augustus. Appeal judges in the Inner House of the Court of Session overturned a decision of the Lord Ordinary, who allowed a petition for jud

A bird conservation charity has successfully challenged plans to develop four offshore wind farms in the Firth of Forth and Firth of Tay. A judge in the Court of Session ruled that the decisions by the Scottish Ministers to grant consent for the construction of the marine electricity generating proj

Robin McGill has been appointed a member of the Scottish Police Authority Board. Mr McGill worked across the BP Group for 30 years in engineering, operations and international business leadership roles ultimately becoming director of the BP Grangemouth Refining and Petrochemicals complex and Forties

A man found guilty of sexual assault has successfully appealed against his conviction after appeal sheriffs ruled that there was no corroboration of the complainer’s account. The Sheriff Appeal Court held that with a statutory libel there had to be corroborated evidence of “an assault which was

An appeal which sought to challenge a sheriff’s decision to grant a residence order on the basis that the sheriff erred in making certain findings in fact has been dismissed as “entirely devoid of merit”. The note of appeal challenged the sheriff’s approach to evidence led at a child welfare

The owner of a small business who was banned from the road for six months after being caught driving while using a mobile phone has successfully appealed against his disqualification. The Sheriff Appeal Court allowed the appeal after the appellant argued that his disqualification from driving would

A Scottish local authority that was granted a permanence order in respect of a child, but challenged a sheriff’s decision to order that contact take place between the boy and his father four times a year rather than two, has had its appeal refused in the first published civil case judgment of the

A police officer who was banned from driving after jumping a red light and crashing into two cars while en route to an emergency call has successfully appealed against her 12-month disqualification. The Sheriff Appeal Court quashed the sentence imposed and endorsed the former officer’s licence wit

A magistrate was not entitled to impose a driving ban on a motorist convicted of driving while using a mobile phone and without insurance having already determined that “exceptional hardship” had been established, the Sheriff Appeal Court has ruled. Daniel Hamand successfully appealed against hi

A motorist who was ordered by a sheriff to forfeit his car after he admitted failing to provide a breath sample when stopped by police has had an appeal against what he claimed was an “excessive” penalty dismissed. The Sheriff Appeal Court refused the appeal after ruling that the sentence impose

A man found guilty of charges of wilful fire-raising who claimed there was “insufficient evidence” of identification of him as the perpetrator of the offences has failed in an appeal against conviction and sentence. The Criminal Appeal Court refused the appeal after upholding a sheriff’s decis