The Sheriff Appeal Court has overturned a decision to grant interdict against the mother of an 11-year-old girl preventing her from removing the child from her school and from the sheriffdom of Tayside, Central and Fife and granting a residence order in favour of her father. The defender a
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A sheriff in Edinburgh has found that two children of a divorcing couple should be moved from their English private school to a Scottish state school after she refused to make either party liable for their children’s school fees. The parties, who remained anonymous, were married in Scotland in
The Lord Justice General, Lord Carloway has appointed Sheriff Iain Fleming of the sheriffdom of Glasgow and Strathkelvin to become the new sheriff member on the Scottish Sentencing Council. Sheriff Fleming was appointed as a part-time sheriff in 2005 and as a full-time sheriff in 2014, following a c
A sheriff in Edinburgh has set aside a post-nuptial agreement between a divorcing American couple living in Scotland in which the husband agreed to give his wife nearly everything he owned if they divorced. The defender, M(M), had signed the agreement with the pursuer, M(C), who raised the
An appeal by the Advocate General for Scotland against a decision to allow a proof to determine that the detention of three fishing boats by immigration officers was ultra vires has been refused by the Civil Division of the Sheriff Appeal Court. The pursuer and respondent,&n
The Press and Journal has published a full obituary of Sheriff Principal James Taylor, who passed away last month at the age of 70 after a long battle with prostate cancer. "Establishing his reputation as a professional capable of handling complex and long-running cases, he worked on inquiries
More than 350 sheriff solemn cases were concluded in February, which is 82 per cent of the pre-Covid level. Figures from the Scottish Courts and Tribunals Service show that during the month of February:
A sheriff has ordered the discharge under the Extradition Act 2003 of an Albanian national who had a European Arrest Warrant issued against him after he failed to attend a trial for attempted murder in Italy. An application was brought on behalf of a court in Trieste, Italy, by the&n
An appeal by the executors of a late farmer’s estate against a sheriff’s decision that a right of pre-emption in the feu disposition of his farm had survived the abolition of feudal tenure has been refused by the Civil Division of the Sheriff Appeal Court. Turcan Connell (Trustees)
A Dundee sheriff who is to take up a post in his native Glasgow has reflected on fond memories of his tenure in the City of Discovery. “I vividly remember the day I was appointed and I told my wife Janice. Then I told her it was going to be at Dundee Sheriff Court.
A social rented sector tenant who was evicted from his property after pleading guilty to a drugs supply charge has had his appeal against recovery of possession refused by the Civil Division of the Sheriff Appeal Court. It was argued on behalf of Daley George that it was not est
The Civil Division of the Sheriff Appeal Court has allowed an appeal by a mother against the grant of a supervised contact order for her young daughter’s father and remitted the case to a new sheriff for reconsideration. The appellant, AG, who was the defender in the original ap
A sheriff in Dumbarton has granted a crave for division and sale of a property in Bearsden jointly owned by two feuding former sisters-in-law following several years of legal correspondence between them with no agreement. Mridu Marwaha raised the action against her former sister-in-law&nb
The Sheriff Appeal Court (Civil Division) has dismissed an appeal by a property owner in Carnoustie against an order requiring him to give access to his property for to the owner of a neighbouring house to park his car. Charles Davidson, one of two defenders along with Angela Milne&nb
Sheriff Personal Injury Court rules ‘online travel agent’ deal could be considered a package holiday
A woman who was injured during a two-week holiday to Turkey has successfully established that consumer regulations on the provision of package holidays applied to the booking she made with an ‘online travel agent’ for flights, accommodation, and hotel transfer. Rosemary O’Don
