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When Janys Scott QC was asked to represent 27 church leaders in a case relating to whether the Covid-induced closure of churches was lawful, she jumped at the chance. It was, she says, not only an opportunity to test a novel point of law but to explore questions relating to her own faith as well. &l

A woman who challenged a sheriff’s ruling that a pre-divorce agreement she made with her ex-husband was “unfair” because her former spouse had signed it without receiving legal advice has won her appeal. The Sheriff Appeal Court ruled that the man’s decision to sign the agreement without see

A sheriff conducting a fatal accident inquiry into the death by hanging of a prisoner in HMP Barlinnie has concluded that there were no recommendations he could make to help prevent similar deaths. The deceased, Scott Hannah, died on 27 November 2019 within his cell at 6:50am. The inquiry heard evid

The new Vice-President of the Sheriff Appeal Court is to be Sheriff Principal Ian Abercrombie QC, it has been announced. Sheriff Principal Abercrombie will replace Sheriff Principal Craig Scott QC, who retires on 31 August. The appointment, until 20 April, 2020, was confirmed by the Lord President.

A sheriff conducting an inquiry into the death of a self-employed gardener who died after being struck by falling timber has concluded that his death could have been avoided if the drop zone into which timber was expected to fall had been more clearly identified and there was a clear means of commun

A sheriff has retired after 15 years' service in Ayr. A special decommissioning ceremony was held at Ayr Sheriff Court held on Friday for Sheriff Desmond Leslie.

The Sheriff Appeal Court has refused an appeal by a company director against a sheriff’s decision that an obligation under a personal guarantee to account for a £20,000 loan debt owed by his company had effectively transferred to the assignee of that debt. Appellant Kenneth Scott was the

Alexander Birrell Wilkinson (known to his friends and colleagues as Sandy) was born in Perth on 2 February 1932. His father was Captain Alexander Wilkinson who had served in the Black Watch for 36 years. After education at Perth Academy Sandy won a scholarship to study at St Andrews University where

The Sheriff Appeal Court has allowed an appeal by Scottish Water against a sheriff’s determination that it was liable for the severe illness of a herd of cattle on a farm on the Isle of Lewis as alleged by the farm’s proprietor after a re-examination of the evidence following an inadequ

A disabled woman who raised three separate simple procedure claims for the reimbursement of money she claimed was owed to her by the City of Edinburgh Council has had all three actions dismissed by the Sheriff Appeal Court following an appeal against their refusal. Chaza Afandi raised three claims w

The Scottish Borders courthouse is to reopen at the weekend, after a £430,000 restoration. Built in 1803 as the Sheriff Court, it is where Sir Walter Scott dispensed justice to the people of Selkirkshire.

Scott Clair comments on a recent Sheriff Appeal Court case that found the scope of non-vested contingent interest to be greater than previously thought. Where an individual is sequestrated, the totality of their assets and potential assets (subject to certain exceptions) will pass to (or “vest

A sheriff has dismissed the appeal of a council against the decision to refuse it consent to close four schools. Highland Council wanted to close Edinbane, Dunvegan, Knockbreck and Struan primaries and build a new one at Dunvegan on Skye.

The Sheriff Criminal Appeal Court has issued its first judgment, refusing an appeal against sentence by a man who was convicted of assault and a statutory breach of the peace charge. The appellant argued that the sentence of six months imposed on each of the two charges was “excessive” and that

A lawyer who is instructed by a person initially represented by a duty solicitor is only entitled to payment of half of the fixed fee where the accused changes their plea to guilty prior to the commencement of the trial or where the client offers a “mixed plea”. A sheriff has ruled in favour of