An Inverness GP who sought reduction of a sheriff’s determination that the death of a young child may have been avoided had she referred her to a paediatric unit in 2019 has had a judicial review petition to that effect refused. Karen Duncan argued that the sheriff had misdirected herself in l
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Morag Fraser has been appointed to the office of summary sheriff at Kilmarnock Sheriff Court. She completed her degree and diploma in legal practice at Glasgow University in 1986 and is accredited by the Law Society of Scotland as a family law specialist and family law mediator.
Two recent decisions of the Sheriff Appeal Court provide further guidance on the approach to awarding legal expenses depending on the outcome in potentially fraudulent claims, writes Julie Fisher. In James Nelson v John Lewis Plc, the pursuer was on a nightshift, stacking shelves at Waitrose in Edin
As part of Victims’ Awareness Week, minister for victims Siobhian Brown attended Edinburgh Sheriff Court for a familiarisation visit. She was accompanied by representatives from Victim Support Scotland (VSS) and a victim who has received support through the charity. The court familiarisation v
Former sheriff Douglas Cusine commends a new practical guide to running a Sheriff Court proof. The final sentence of this very useful book is this: “Running a proof can be enjoyable, but you will find it more so if you have prepared it well, you are properly funded, and you are as well organis
A sheriff who was suspended on full pay for five years over claims he acted inappropriately towards a female lawyer is at the centre of a £120,000 vicarious liability case at the Court of Session. Sheriff Jack Brown, who was suspended in 2018, is awaiting the outcome of a separate tribunal cas
Justice Secretary Angela Constance has refused to reveal the public cost of a probe over a sheriff's fitness for office. Ms Constance said the costs over the investigation of Sheriff Jack Brown, who behaved inappropriately towards a female lawyer, would remain undisclosed until the probe had conclud
An appeal against conviction by a man who committed 14 assaults against his former partner based on a trial sheriff’s non-withdrawal of a jury direction that he later conceded could not be used to achieve a conviction has been refused by the High Court of Justiciary. Counsel for appellant DM a
An appeal by a father against a sheriff’s decision that his young daughter required compulsory supervision, having ruled that there was sufficient evidence to find he had the mens rea for having committed an assault on her, has been allowed by the Sheriff Appeal Court to the extent that the es
The Lord President, Lord Carloway, has appointed Sheriff Principal Aisha Anwar as president of the Sheriff Appeal Court and Sheriff Principal Sean Murphy as vice president. Appointments are effective from 1 August 2023 and 17 May 2023, respectively.
Via Allan Millar: Christopher Reilly and James Marshall from the University of Strathclyde Mooting Society have won the first post-pandemic Sheriff Cup between the Universities of Strathclyde and Glasgow.
A Lord Ordinary has allowed a proof in an action raised by a legal practitioner against a sheriff and the Crown based on an alleged series of assaults said to have been committed against her by the sheriff in 2018, and found that the Lord Advocate was the correct person to be sued for the purposes o
A solicitor who turned up at court in a Celtic top and in possession of cannabis has been found guilty of professional misconduct. Michael McKeown, 53, was searched at Glasgow Sheriff Court by officials who were concerned by his appearance.
The sheriffs principal have issued new guidance for proceedings in the sheriff courts detailing that accused persons who have been remanded in custody will appear by remote means at any diet, except for the trial diet. The new guidance will take effect from 27 July and will supersede and replace the
Following the upcoming retirements of Sheriff Principal Mhairi Stephen and Sheriff Principal Duncan Murray, the Lord President has appointed Sheriff Principal Marysia Lewis as president of the Sheriff Appeal Court and Sheriff Principal Craig Turnbull as vice-president. The appointments are effective
