Case archive

Milkman wins personal injury appeal against operators of Scottish National Portrait Gallery

A milk delivery man who was injured while delivering milk to the Scottish National Portrait Gallery in Edinburgh has successfully appealed against a decision granting decree of absolvitor to the gallery’s controlling organisation.

Sheriff Appeal Court 20 August 2020

Sheriff Appeal Court rules “debt” does not include interest in bankruptcy provision

An appeal by Her Majesty’s Revenue and Customs against a decision to recall a sequestration under the Bankruptcy (Scotland) Act 1985 has been refused in the Civil Division of the Sheriff Appeal Court. 

Sheriff Appeal Court 11 August 2020

Property firm loses breach of contract appeal over failed purchase of heritage centre

The prospective purchaser of a heritage centre in South Lanarkshire has lost an appeal against the rejection of their breach of contract claim.

Sheriff Appeal Court 29 June 2020

Sheriff Appeal Court quashes assault charge based on sheriff’s consideration of phone evidence

A man who was convicted of assaulting his former partner and of behaving in a threatening and abusive manner in breach of the Criminal Justice and Licensing (Scotland) Act 2010 has succeeded in having the former charge quashed by the Sheriff Appeal Court.

Sheriff Appeal Court 9 June 2020

Man who posted intimate picture of ex on Facebook wins appeal against sex offender registration

A man convicted of a so-called “revenge porn” offence after posting an intimate picture of a former partner on Facebook has successfully challenged a decision to place him on the sex offenders register.

Sheriff Appeal Court 19 March 2020

Domestic abuser loses appeal against ‘unwanted’ non-harassment order

A man convicted of assaulting his partner has failed in an appeal against a sheriff’s decision to impose a non-harassment order.

Sheriff Appeal Court 17 March 2020

Sheriffs erred in refusing decree in absence for breach of conditional car sale agreement

A lender which sued two customers for payment of outstanding sums due on car sale agreements has successfully appealed against decisions to refuse to grant decree in their favour after the actions were undefended.

Sheriff Appeal Court 23 December 2019

Proprietors sued for payment of property maintenance charge win appeal as real burdens clause ‘void for uncertainty’

Homeowners who were ordered by a court to pay a proportion of the cost of maintaining the amenity grounds in their housing scheme after being sued by an estate and land management company have successfully challenged the decision.

Sheriff Appeal Court 20 December 2019

Sheriff Appeal Court issues guideline judgment in refusing motorist’s appeal against ‘excessive’ fine 

A motorist who was fined £500 after being convicted of driving without a valid licence and without insurance has failed in an appeal to have the financial penalty reduced.

Sheriff Appeal Court 26 November 2019

Bus driver wins appeal against dangerous driving conviction after appeal court views CCTV

A bus driver found guilty of dangerous driving after failing to leave a sufficient gap as he drove past a parked van and passing pedestrian has successfully appealed against his conviction.

Sheriff Appeal Court 5 November 2019

Uncle found guilty of sexually assaulting nephew and niece fails in appeal against conviction

A man found guilty of sexually assaulting his niece and nephew but who claimed that the doctrine of “mutual corroboration” could not apply to the two offences has had an appeal against his conviction dismissed.

Sheriff Appeal Court 9 October 2019

Motorist who failed to appear for ‘special reasons’ proof loses appeal against penalty points imposed

A motorist who was fined and given six penalty points after being convicted of driving without insurance and who claimed there were “special reasons” for her licence not being endorsed has had her appeal dismissed.

Sheriff Appeal Court 7 October 2019

Man accused of ‘threatening and abusive behaviour’ towards ex-wife wins appeal to have case dismissed 

A man accused of behaving in a “threatening and abusive manner” by shouting and swearing at his ex-wife has successfully challenged an attempt to prosecute him after a sheriff had previously deserted an identical complaint against the accused pro loco et tempore.

Sheriff Appeal Court 1 October 2019

Company director accused of breaching disqualification order fails in time-bar challenge against prosecution

A man accused of breaching an order disqualifying him from acting as a company director who claimed that criminal proceedings raised against him were “time-barred” has had a legal challenge against his prosecution dismissed.

Sheriff Appeal Court 26 September 2019

Compensation awards for criminal acts should not be discounted for guilty plea, Sheriff Appeal Court rules

A man who was required to pay a total of £6,000 in compensation after shouting sectarian abuse at two police officers during a drunken struggle and spitting at a paramedic has had an appeal against what he claimed was an “excessive” amount rejected.

Sheriff Appeal Court 5 September 2019