Case archive



Sheriff Appeal Court holds woman who witnessed Glasgow bin lorry crash not entitled to damages for psychological harm

A woman who witnessed the 2014 Glasgow bin lorry crash has failed to appeal a decision of the All-Scotland Sheriff Personal Injury Court that she was not entitled to damages for psychological and psychiatric problems arising from the incident.

Sheriff Appeal Court 11 June 2021

Sheriff Appeal Court sends case of teacher accused of assaulting vulnerable children back to sheriff

A Crown appeal by stated case against a sheriff’s decision to uphold a no case to answer submission in a case against a teacher charged with assaulting children with additional support needs has succeeded in the Criminal Division of the Sheriff Appeal Court.

Sheriff Appeal Court 7 June 2021

Sheriff Appeal Court allows appeal of residence order after three sheriffs fail to obtain 11-year-old’s views

The Sheriff Appeal Court has overturned a decision to grant interdict against the mother of an 11-year-old girl preventing her from removing the child from her school and from the sheriffdom of Tayside, Central and Fife and granting a residence order in favour of her father.

Sheriff Appeal Court 1 June 2021

Man banned from driving after falling asleep at the wheel loses appeal by stated case against conviction

A man who was convicted of a road traffic offence after falling asleep at the wheel of his car and banned from driving for one year has had his appeal against conviction by stated case refused by the Sheriff Appeal Court.

Sheriff Appeal Court 11 May 2021

Man whose late brother left estate to carer fails to have will reduced by Sheriff Appeal Court

The brother of a deceased man who left the majority of his estate to his carer has failed to appeal a sheriff’s decision not to reduce the deceased’s last will in the Civil Division of the Sheriff Appeal Court.

Sheriff Appeal Court 27 April 2021

Sheriff Appeal Court refuses Advocate General’s appeal against decision that immigration official unlawfully detained fishing boats

An appeal by the Advocate General for Scotland against a decision to allow a proof to determine that the detention of three fishing boats by immigration officers was ultra vires has been refused by the Civil Division of the Sheriff Appeal Court.

Sheriff Appeal Court 26 April 2021

Man admonished for assaulting ex-wife given harsher sentence by Sheriff Appeal Court

A Crown appeal against the sentencing of a man convicted of assaulting his ex-wife has succeeded before the Criminal Division of the Sheriff Appeal Court, which has imposed a community payback order in place of the original sentence.

Sheriff Appeal Court 20 April 2021

Man charged with exposing himself to children on social media loses appeal against competency of charges

A man who was charged with offences under the Sexual Offences (Scotland) Act 2009 allegedly committed on online social media platforms has failed to challenge the competency of the three charges brought against him in an appeal under Section 174 of the Criminal Procedure (Scotland) Act 1995.

Sheriff Appeal Court 12 April 2021

Man ordered to return television to neighbour wins appeal challenging sheriff’s unless order

The Civil Division of the Sheriff Appeal Court has remitted a claim made under Simple Procedure rules for the return of a television to its original owner back to the sheriff after it was ruled that he was not entitled to determine that its prospective purchaser had failed to comply with an unless order requiring him to respond to the claimant's assertions.

Sheriff Appeal Court 22 March 2021

Heriott-Watt University wins appeal in payment action against former distance-learning postgraduate student

The Civil Division of the Sheriff Appeal Court has allowed an appeal by an Edinburgh university after a sheriff dismissed its action for payment against a former postgraduate student dismissed for jurisdictional reasons.

Sheriff Appeal Court 9 March 2021

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