The Sheriff Appeal Court has refused an appeal by stated case against a sheriff’s decision to evict a debtor from her family home and give a trustee in bankruptcy the authority to sell the property in a long-running sequestration dispute. Gordon Maclure, an insolvency practitioner appointed tr
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An Aberdeen sheriff has issued a written opinion explaining the ex tempore decision he took to refuse an appeal by an Orange Lodge group against a council’s decision not to grant it permission for a public procession through Stonehaven on 16 March 2024. The Dunottar Martyrs Memorial Loyal Oran
A Fitness for Judicial Office Tribunal has found that Sheriff Jack Brown is unfit for judicial office. His behaviour toward two women amounted to "serious improper conduct". It also found he acted inappropriate to a lawyer, D, in 2018 and another woman in 2001 or 2002.
The legal world was deeply saddened to learn that Sheriff Gerard Considine had passed away peacefully, surrounded by his loving family, on 15 April 2024, at the age of 57 following a lengthy battle with illness which he faced with courage, dignity and always with his customary humour. He will be hug
The Sheriff Appeal Court has refused an application to remit an appeal to the Court of Session in a case involving the competency of making a permanence order in respect of a 16-year-old child. Appellant MM argued that the case raised a novel point of law which required to be considered by the Inner
An insurer which was ordered to pay £1,250 to a man involved in a collision between his van and a car in Edinburgh has had an appeal against the order refused by the Sheriff Appeal Court. Berkshire Hathaway International Insurance Co Ltd argued that, after expert medical evidence led by pursue
An Aberdeen sheriff has rejected a counterclaim by a client of a firm of solicitors who alleged that he had suffered loss and damage from a breach of contract by a member of the firm’s predecessor arising from a land boundary dispute with a property developer he had instructed the firm to deal
Scottish Legal News is sad to report the death of Sheriff Brian Kearney, at the age of 88, on 28 March. Sheriff Kearney was apprenticed at the firm of McLay Murray and Spens, in 1960, before joining Biggart Lumsden where he specialised in employers' reparation, becoming a partner there in 1965.
Aberdeen Sheriff Court has issued its written judgment refusing an appeal by an Orange Lodge against Aberdeenshire Council’s order, prohibiting the Lodge from holding a parade through Stonehaven. On 8th January the Dunnottar Martyrs’ Memorial Loyal Orange Lodge 1685 had given the council
A motorcycle dealership which was found liable for most of the expenses of an abandoned action against it in relation to a faulty bike it sold to a customer has lost a Sheriff Appeal Court challenge to the sheriff’s findings on expenses. Original pursuer and respondent Norman Christie abandone
A motion for breach of an interdict issued by the Sheriff Appeal Court preventing a landowner from interfering with servitude rights of access and repair for a septic tank servicing the dominant tenement’s property has been refused by the SAC on the basis that it was not the competent forum fo
Sheriff Lindsay Wood has died following a short illness. Paying tribute to him, Sheriff Principal Aisha Anwar of Glasgow and Strathkelvin said he would be greatly missed.
The latest quarterly criminal court figures show progress in Sheriff solemn backlogs. The Scottish Courts and Tribunals Service statistical bulletin is published today and provides data on criminal cases. This bulletin covers the period Quarter 3 2023/24 (October - December).
The Sheriff Appeal Court has allowed an appeal in an action for count, reckoning and payment by the son and beneficiary of a deceased farmer who claimed that his brother, the deceased’s executor nominate and sole remaining trustee of his estate, had improperly made deductions from his share of
The Royal Faculty of Procurators will host its Sheriff Principal's Mooting Competition in April and May following the success of last year's inaugural moot. The format is straightforward yet challenging: four teams of 1st and 2nd year law students from Glasgow University, Glasgow College, Strathclyd
