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Neil Benyon (left) and Sheriff Macfarlane

A scaffolder who was sentenced to 12 months’ imprisonment after pleading guilty to having a kitchen knife in his car which was found following a police search has successfully appealed against his sentence. A sheriff had rejected the accused’s plea in mitigation that the knife was used as “wor

A man who was sentenced to the minimum term of five years’ imprisonment after pleading guilty to possession of a stun gun has failed in an appeal against what he argued was an “arbitrary and disproportionate” sentence. The Appeal Court of the High Court of Justiciary upheld the decision of the

A father whose legal action for contact with his child was dismissed after he failed to lodge a joint minute in advance of a case management hearing has successfully challenged the sheriff’s decision. The Sheriff Appeal Court allowed the appeal after ruling that the sheriff failed to have the welf

A man who pled guilty to assault at a trial diet having previously offered to plead has successfully appealed against the sentence imposed after challenging the level of discount afforded by the sentencing sheriff. The Appeal Court of the High Court of Justiciary ruled that the sheriff “misdirecte

A claimant in a simple procedure case which was initially defended and then settled when the pursuer accepted a tender is entitled to the expenses of process as assessed, after a court rejected the defender’s argument that he should have his liability in expenses capped at 10% of the sum decerned

A murderer with erectile dysfunction is taking prison governors to court for confiscating his penis pump, the Press and Journal reports. Imran Shahid is serving a jail sentence of at least 25 years after admitting his role in the racist gang murder of 15-year-old Kriss Donald in 2004.

A 63 year-old man who subjected his wife to decades of abuse has been sentenced to 32 months' imprisonment at Lerwick Sheriff Court. Robert Simmons, a self-employed crofter, pled guilty to 11 charges related to the physical and verbal abuse of his wife.

Amy McCalmont looks at a case reminding landlords and tenants to make their intentions explicit. In a recent Sheriff Court case, Brucefield Estate Trustee Company Limited and Others v Computacenter (UK) Limited it was found that a lease continued by tacit relocation for a period of one year, serving

A new report released by the Scottish Courts and Tribunals Service (SCTS) today reveals that the fines collection rate remains consistently strong. It shows that 88 per cent of the value of Sheriff Court fines imposed during the three-year period between 1st April 2013 and 31st March 2016 has either

The Faculty of Procurators and Solicitors in Dundee has elected Amanda Wilson as its new Dean. The Faculty, an organisation which dates back to 1820, held its AGM this week to appoint its new officer bearers. For the last four years, Ms Wilson has been involved as Secretary and latterly as Vice Dean

A soldier found guilty of threatening the “mass murder” of Muslims after claiming he was “unable by reason of mental disorder to appreciate the nature or wrongfulness of the conduct” has had an appeal against his conviction rejected. Scott Mackay argued that the sheriff “misdirected” the

A man already imprisoned for murder was sentenced via video link at Perth Sheriff Court for the first time ever in Scotland, yesterday. Adam Gallagher, 30, deemed “too dangerous” to appear in court, was convicted via video link from HMP Perth.

Nicola Edgar Nicola Edgar explains new rules which recently came into force introducing pursuers' offers into the Court of Session and Sheriff Court Ordinary Cause procedure.