Case archive



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

Prisoner’s damages claim for ‘wrongful revocation’ of home detention curfew licence dismissed

Prison authorities have successfully challenged a sheriff’s decision to allow a full hearing in a case brought by a former inmate who claimed he was "wrongfully" recalled to custody after being released on home detention curfew.

Sheriff Appeal Court 27 August 2019

‘Road rage’ motorist loses appeal against dangerous driving conviction

A motorist found guilty of “dangerous driving” after overtaking a camper van before slamming on the brakes and forcing the other driver to perform an “emergency stop” has failed in an appeal against his conviction.

Sheriff Appeal Court 19 August 2019

Crown bill of advocation against sheriff’s pre-trial ruling on admissibility of ‘paedophile hunter’ evidence passes

The Crown has succeeded in challenging a sheriff’s pre-trial ruling that evidence gathered by so-called ‘paedophile hunters’ that the Crown proposed to induce at the trial of an alleged sex offender was inadmissible.

Sheriff Appeal Court 15 August 2019

Sheriff did not err in law in finding child’s evidence of parental sex abuse ‘not trustworthy’

A woman who appealed the granting of a contact order on the grounds that the sheriff had not ascribed appropriate weight to child evidence in light of expert evidence has had her appeal refused.

Sheriff Appeal Court 7 August 2019

Homeowner wins appeal over bank’s ‘invalid service’ of calling-up notice on property

A homeowner who was unable to maintain his monthly mortgage payments has successfully challenged his lender’s bid to repossess the property after appealing against a sheriff’s decision that the bank had validly served a calling-up notice.

Sheriff Appeal Court 30 July 2019

Hibs fan jailed for confronting Rangers footballer has appeal against custodial sentence dismissed

A Hibernian fan who was jailed for confronting Rangers captain James Tavernier during a match has failed in an appeal to have his custodial term quashed.

Sheriff Appeal Court 16 July 2019