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Lewis Richardson discusses a recent decision from the Sheriff Appeal Court in the case of Cabot Financial UK Ltd v Gardner and Ors, [2018] SAC (Civ) 12. The appeal related to debt recovery cases for assigned credit card debts. The three cases which formed the judgment in Cabot were raised under the

A woman who fell over a large stone while walking in the grounds of a Scottish estate has had her action for damages dismissed. The All-Scotland Sheriff Personal Injury Court ruled that the pursuer, Louise McKevitt, failed to prove that the defenders, the National Trust for Scotland, breached their

Lawyers, advice agencies and all those with in an interest in the operation of simple procedure in the sheriff courts have until the end of this month to contribute to a review of the rules. A Scottish Civil Justice Council consultation, which seeks views on simple procedure – the rules and fo

Andrew Foyle reflects on the significance of a recent Appeal Court judgment for future Simple Procedure claims. An Appeal Court judgment delivered last week by Sheriff Principal M M Stephen QC may have a significant impact on future Simple Procedure claims.

A trainee solicitor who sought sanction for the employment of junior counsel after settling a personal injury action because of the potential impact on his career of a possible adverse finding on his credibility has had his claim rejected. A sheriff in the All-Scotland Personal Injury Court refused

Two sheriffs have been appointed as specialists to hear cases in the All-Scotland Sheriff Personal Injury Court. Sheriff Robert Fife and Sheriff Robert Weir QC have been designated by Sheriff Principal Mhairi Stephen QC, Sheriff Principal of Lothian and Borders, as specialists in actions of damages

At Airdrie Sheriff Court today, 23 April 2018, Sheriff Derek O'Carroll fined Mark Meechan £800 for breaching the Communications Act 2003, by posting a grossly offensive video on the internet. On sentencing Sheriff O'Carroll made the statement below in court. Section 127 of the Communications Act 20

A man who was sentenced to five-and-a-half months’ imprisonment for assaulting his wife with one month attributed to a breach of a Community Payback Order (CPO) has had his sentenced reduced after appeal sheriffs ruled that the sheriff’s approach was “fundamentally flawed”. The Sheriff Appea

A licensing board’s decision to refuse an application to allow adult cinema-goers to take alcoholic drinks in with them while watching any film has been overturned following an appeal. A sheriff ruled that North Lanarkshire Licensing Board exercised its discretion in an “unreasonable manner” i

A man found guilty of domestic abuse offences despite his former partner denying that she had been assaulted has had an appeal against his conviction dismissed. The appellant claimed that the sheriff erred in repelling a defence submission of “no case to answer”, but the Appeal Court of the High

A man accused of assaulting a nursing assisting whose plea of not guilty was accepted by the Crown on the basis that he was unable by reason of mental disorder to appreciate the wrongfulness of his conduct has had an appeal against a sheriff’s decision to impose a compulsion order dismissed. The S

A Scottish woman who was struck by a motorcyclist after an afternoon of drinking in a pub while on holiday in Spain will have any damages awarded to her reduced after she was found to have “materially contributed” to the accident. A sheriff in the All-Scotland Sheriff Personal Injury Court ruled

A child abuse victim who is suing a victim support charity over its handling of his claim for criminal injuries compensation has been granted a proof before answer in his £100,000 damages action. A sheriff ruled that the charity owed the victim a “duty to exercise reasonable skill and care” in

A couple who allegedly offered four pounds of cannabis for a second-hand SUV were arrested after the owner turned out to be the local sheriff.