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A sequestrated person has lost an appeal against a sheriff’s grant of summary decree to recover possession of his property in Edinburgh in the Sheriff Appeal Court after an action was raised against him by the trustee in sequestration. Thomas MacLennan, the trustee in sequestration of appellan

A sheriff has been removed from a fatal accident inquiry over extreme delays in publishing her findings. On June 29 2014, Warren Fenty, 20, suffered a drug overdose and died while in Kittybrewster jail.

A sheriff has ruled that a shop worker who attempted to sue his employer for right ear deafness he claimed was sustained when a ball was thrown at him by a colleague had not acted unreasonably in bringing a personal injury action and thus was not liable for expenses under the Qualified One-Way Cost

The Sheriff Appeal Court has allowed an appeal by the purported owner of a disputed piece of scrubland on the Ardnamuchan peninsula against a sheriff’s determination that the owners of adjoining land had in fact acquired it in 1992 when they purchased a farm there.

The Sheriff Appeal Court has refused an appeal by a housing developer against a sheriff’s summary decree ordering it to pay £100,000 to a local authority as part of an agreement concerning a local housing development the authority granted it planning permission for. Guild Homes (Tayside)

The Sheriff Appeal Court has quashed a sheriff’s order allowing the recovery of telephone records from devices owned by a complainer in a summary complaint under the Domestic Abuse (Scotland) Act 2018 after finding that it was unnecessary in the circumstances of the case. Counsel for the Procu

An appeal against a sheriff’s decision to suspend contact between a father and his 13-year-old daughter after he failed to return her following a period of residential contact has been refused by the Sheriff Appeal Court. It was argued by the appellant, F, that the sheriff had failed to afford

The Sheriff Appeal Court has allowed an appeal against conviction by a man convicted of breach of the peace and made subject to notification requirements after police found images of primary school pupils performing wrestling moves on his phone. Appellant AB argued that the evidence obtained by poli

An appeal against a dismissal of a damages claim by a homeless person against a local authority who was refused homelessness assistance due to his immigration status has been refused by the Sheriff Appeal Court. Riad Djennas alleged that Glasgow City Council had failed to comply with its duties towa

The Sheriff Appeal Court has rejected a challenge to a sheriff’s decision that a partnership agreement which was altered without the understood consent of one of its partners to introduce a new managing partner could be reduced on the grounds of essential error induced by misrepresentation and

An Edinburgh sheriff has ruled that the extradition of a man requested to stand trial in Utah in respect of charges of rape, who claimed he was an orphan from Ireland and not the requested person, would be compatible with the Human Rights Act 1998. It was held in November 2022 that the requested per

The Sheriff Appeal Court has refused an appeal by the proprietors of an access road against a sheriff’s decision that the owner of farmland only accessible via that road maintained pedestrian and vehicular access across the piece of land and allowed her a cross appeal against a decision that s

Two Crown appeals against a sheriff’s decision to sustain defence pleas of oppression by two prisoners charged with possessing an unauthorised SIM card within prison have been allowed by the Sheriff Appeal Court. Respondents Brandon Douglas and John Pow both argued that it was oppressive of th

The Sheriff Appeal Court has refused a challenge by the father of a five-year-old child to return with her mother to Poland following the end of the relationship. The appellant argued that the sheriff’s decision was plainly wrong, relying on 12 aspects of the judgment to establish that he had

A cross appeal on the continued existence or implied re-creation of servitude rights in a Fife property that came to be owned by the proprietor of the burdened property before being sold under a standard security has been allowed by the Sheriff Appeal Court. Stuart Logan, originally the pursuer in a