Case archive

Absolute discharge for thief with previous convictions for theft was ‘unduly lenient’

A sheriff’s decision to grant an absolute discharge to a woman found guilty of the theft of £200 worth of fencing was “unduly lenient”, the Sheriff Appeal Court has ruled. Three appeal sheriffs quashed the sheriff’s decision and convicted the respondent of the ch

Sheriff Appeal Court — 21 May 2019

Carer’s defamation appeal against newspaper over ‘misleading’ headline dismissed

A carer who sued a local newspaper for defamation has had an appeal against a sheriff’s decision to dismiss the claim rejected.

Sheriff Appeal Court — 1 May 2019

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

Searchers owe duty of care to inhibiting creditor, appeal court rules

Professional searcher firms owe a duty of care to creditors who have registered an inhibition, the continuing effectiveness of which depends on it being disclosed by the search carried out, the Sheriff Appeal Court has ruled.

Sheriff Appeal Court — 20 February 2019

Drug-abusing mother fails in appeal against decision to grant council adoption order

A mother-of-five who failed to participate in legal proceedings in which her local authority applied to adopt her youngest child has had an appeal against a sheriff’s decision to grant the council’s petitioner dismissed.

Sheriff Appeal Court — 5 February 2019

Motorist convicted of third drink-driving offence fails in appeal against custodial sentence

A motorist who was jailed for eight months after pleading guilty to a charge of drink driving having been caught more than seven times over the legal limit has had his sentence reduced following an appeal.

Sheriff Appeal Court — 29 January 2019

Consumers entitled to refund for rejected goods they gave away after company failed to collect

A consumer who purchased a new living room suite but rejected it following delivery because it was not of satisfactory quality and later gave it away after the seller ignored repeated requests to uplift the goods is entitled to a full refund, an appeal court has ruled.

Sheriff Appeal Court — 21 January 2019

Woman injured in fall wins damages after appealing against sheriff’s ‘volenti non fit injuria’ ruling

A woman with medical problems and restricted mobility who sued public works contractors after she fell and was injured as she tried to access her front door while excavation works were ongoing outside the property has won her appeal for damages.

Sheriff Appeal Court — 16 January 2019

Slap to child’s head amounted to Children’s Act offence, Sheriff Appeal Court rules

A summary sheriff erred in ruling that a mother’s slap to the head of her four-year-old daughter was not likely to cause unnecessary suffering or injury to health so as to constitute an offence under the Children and Young Persons (Scotland) Act 1937.

Sheriff Appeal Court — 5 December 2018

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

Man who threatened to share intimate images of ex-partner fails in appeal against sentence

A man who was given a community payback order after threatening to share intimate images of his former partner with her children in an act of so-called “revenge porn” has had an appeal against his sentence rejected.

Sheriff Appeal Court — 7 November 2018

Sheriff Appeal Court allows homeowners’ action for reduction and damages against sellers over ‘misrepresentation’ to proceed to proof

A couple who are suing the former owners of their home for damages over an alleged misrepresentation that they had no experience of flooding at the property have been granted a full hearing after the sellers’ appeal was refused.

Sheriff Appeal Court — 2 November 2018

Sheriff Appeal Court overturns ruling in breach of contract case over show-jumping pony

A father who bought a show-jumping pony for his daughter but later sued the seller after claiming that the gelding was taller than advertised has had a court ruling in his favour overturned following an appeal.

Sheriff Appeal Court — 26 October 2018

Man convicted of masturbating in view of neighbour partially succeeds in appeal over lack of corroboration

A man found guilty of repeatedly exposing himself and masturbating in view of his next door neighbour has partially succeeded in an appeal due to a lack of corroboration.

Sheriff Appeal Court — 12 October 2018