Case archive

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

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

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

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

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

Amenity area maintenance burden did not create ‘monopoly’, Sheriff Appeal Court rules

A property management company has successfully challenged a sheriff’s decision that a burden requiring homeowners in a housing scheme to contribute to the costs of maintaining open ground in the estate owned by the maintenance company was void because it created a “monopoly”.

Sheriff Appeal Court 18 March 2019

Sheriff Appeal Court allows insurer’s appeal in road traffic case after ruling skilled witness who took contingency fee was ‘not impartial’

The passengers of a car who suffered whiplash injuries following a road traffic accident have had the damages awarded in their favour reduced after the driver of the other vehicle’s insurers successfully challenged the medical evidence given in support of their claims.

Sheriff Appeal Court 8 November 2018

Observing partner partially clothed ‘not a criminal act’

Sheriff Appeal Court 20 September 2018