The Sheriff Appeal Court has refused an appeal against a business tenant’s removal from shop premises in Edinburgh following an undefended irritancy action in the sheriff court after finding that a sheriff had correctly refused a reponing note lodged after the grant of decree in absence. Abo T
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An appeal concerning whether a defender in a counterclaim could competently seek an “additional sum” under Chapter 27A (Pursuer’s Offers) of the Ordinary Cause Rules – the provision allowing a successful pursuer to recover an additional sum where an unaccepted offer to settle
The Sheriff Appeal Court has refused an appeal by a trade union against a sheriff’s decision that tweets it posted about the wages of restaurant workers in Glasgow were defamatory of the restaurant’s parent company after finding that the sheriff was entitled to reach the conclusion he di
The current and last two lord presidents, a past president of the Sheriff Appeal Court (SAC) and all six sheriffs principal were among nearly 90 guests in Parliament Hall recently to mark the court’s 10th anniversary.
A sheriff principal has ruled that the rules of procedure of the Sheriff Appeal Court do not allow it to overturn an earlier decision made by the court in the same judicial process after the issue arose in an remitted case for medical negligence raised by a man who committed criminal offences after
Sheriff Principal Anwar has been appointed as an advisor to the Scottish Sentencing Council. Appointed as sheriff principal of South Strathclyde, Dumfries and Galloway in April 2020, she later took on the role of sheriff principal of Glasgow and Strathkelvin in May 2023 and became president of the S
A sheriff has reversed a child contact order made in June 2024 at the request of the child’s mother after an incident at her house in which the father punched the door of her house while trying to force his way inside, having determined that the relationship between the parties was too degrade
The Sheriff Appeal Court has resolved a dispute between the proprietors of two adjoining plots of land in Arbroath over the existence of a servitude of drainage over one of the properties by ruling that there was a servitude over the original drainage route by positive prescription that was not aban
Sheriff Appeal Court refuses director’s application to act as lay representative in repayment action
The Sheriff Appeal Court has refused to allow the director of a liquidated company who was also the director of a creditor of that company to act as lay representative for the latter after finding that he was not a suitable person to act as the defender’s representative. Pursuer Colin Hastings
A group of homeowners in Motherwell have been successful in an action before the sheriff seeking to interdict the owners of a neighbouring corner property from erecting a boundary wall and electric gate at the front of their driveway after establishing the continued existence of a real burden over t
The Sheriff Appeal Court has absolved a company director of liability for a payment claimed to be due to the seller of commercial subjects bought by his company under a sale and buy-back agreement after finding that a secondary clause of the contract under which the seller could claim surplus funds
A fatal accident inquiry (FAI) has found “systemic failure” in the way a council handled the case of a 13-year-old girl who later died after her mother failed to seek medical treatment. Robyn Goldie died on 26 July 2018 from peritonitis caused by a perforated duodenal ulcer. Her mother,
Sheriff Alastair Carmichael, who uses technology that allows him to continue to work despite having motor neurone disease, has been profiled in a new article by The Daily Mail. "The 15 men and women selected for the jury file into the courtroom to find the bewigged figure on the bench pro
A Glasgow sheriff has determined that the omission of the legal basis of a former cohabitant’s claim from his initial pleadings in an action for payment of a capital sum from his ex-partner was not fatal to his case and permitted amendment of the claim. Pursuer Thomas Barbour and defender Mari
Sheriff Principal Aisha Anwar talks about her role as Sheriff Principal of Glasgow & Strathkelvin in a new Instagram reel. She was appointed sheriff principal of South Strathclyde, Dumfries and Galloway in April 2020, and was subsequently appointed sheriff principal of Glasgow and Strathkelvin i
