Case archive

Sheriff Appeal Court holds contractual right of pre-emption survived abolition of feudal system

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.

Sheriff Appeal Court 1 March 2021

Kirkcaldy man loses appeal by stated case against leisure centre car crash conviction 

A man who crashed his van into another vehicle in a leisure centre car park in Kirkcaldy has had his appeal by stated case refused by the Sheriff Appeal Court (Criminal Division). 

Sheriff Appeal Court 17 February 2021

Sheriff Appeal Court refuses appeal by convicted drug supplier against eviction from social tenancy 

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. 

Sheriff Appeal Court 11 February 2021

Sheriff Appeal Court remits contact order application by abusive ex-partner for reconsideration

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.

Sheriff Appeal Court 19 January 2021

Sheriff Appeal Court upholds decision allowing servitude car parking right off narrow Carnoustie street

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.

Sheriff Appeal Court 8 January 2021

Sheriff Appeal Court refuses appeal against permanence order by recovering alcoholic mother

The Sheriff Appeal Court (Civil Division) has refused an appeal by a mother against the decision to grant a permanence order in respect of her 10-year-old son, Z, to allow him to stay with his maternal grandparents.

Sheriff Appeal Court 18 December 2020

Glasgow fiscal successfully challenges decision to abandon sexual assault trial

A Bill of Advocation by the Procurator Fiscal, Glasgow challenging the refusal of a sheriff’s motion to adjourn a trial to secure the attendance of an essential witness has succeeded in the Sheriff Appeal Court (Criminal Division).

Sheriff Appeal Court 15 December 2020

Sheriff Appeal Court increases sentence discounts in Elgin drink driving appeals

The Sheriff Appeal Court (Criminal Division) has allowed separate appeals by two men convicted of drink driving against the length of their respective driving bans.

Sheriff Appeal Court 10 December 2020

Celtic supporters who wore IRA shirts to match win appeal against breach of the peace conviction

Three men who were convicted of committing a breach of the peace after attending a Celtic FC game wearing T-shirts with IRA imagery have had their convictions quashed by the Sheriff Appeal Court (Criminal Division).

Sheriff Appeal Court 25 November 2020

Man who left firearm outside of gun cabinet fails in appeal against conviction but has fine reduced

A man who was convicted of a statutory offence under Section 1(2) of the Firearms Act 1968 for leaving his gun in an unlocked room while he was on holiday has had his appeal against conviction refused.

Sheriff Appeal Court 16 November 2020

Glasgow housing association loses appeal against tenancy assignation order

A housing association that refused to consent to the assignation of a social rented sector tenancy has failed in its appeal against the grant of decree ordering it to allow the tenant to assign the tenancy. 

Sheriff Appeal Court 12 November 2020

Falkirk couple have appeal against bankruptcy sale order on family home refused

A couple from Falkirk has failed to appeal the grant of decrees for division and sale of their family home following the sequestration of the husband’s estate.

Sheriff Appeal Court 4 November 2020

Sheriff Appeal Court refuses appeal by former cohabitee seeking financial award 

The Sheriff Appeal Court (Civil Division) has ruled that a man who applied for financial provision following the end of a long cohabitation period has had his appeal against the sheriff’s decision not to make an award in his favour refused. 

Sheriff Appeal Court 7 October 2020

Company successfully dismisses former director’s action to raise derivate proceedings against it 

A company that sought monies from a former director who sought to bring derivative proceedings against it under section 266 of the Companies Act 2006 has successfully appealed the decision of the sheriff to grant leave for such proceedings. 

Sheriff Appeal Court 6 October 2020

Former employee of non-trading company fails to establish claim against liability insurer

A former employee of a company that ceased trading in 2017 has failed in his appeal to obtain £750,000 due to him after being injured at work from the company’s former insurer. 

Sheriff Appeal Court 30 September 2020