Case archive



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

Sheriff Appeal Court refuses appeal against permanence order by recovering alcoholic mother

The Sheriff Appeal Court (Civil Division) has refused an appeal by a mother against the decision to grant a permanence order in respect of her 10-year-old son, Z, to allow him to stay with his maternal grandparents.

Sheriff Appeal Court 18 December 2020

Glasgow fiscal successfully challenges decision to abandon sexual assault trial

A Bill of Advocation by the Procurator Fiscal, Glasgow challenging the refusal of a sheriff’s motion to adjourn a trial to secure the attendance of an essential witness has succeeded in the Sheriff Appeal Court (Criminal Division).

Sheriff Appeal Court 15 December 2020

Sheriff Appeal Court increases sentence discounts in Elgin drink driving appeals

The Sheriff Appeal Court (Criminal Division) has allowed separate appeals by two men convicted of drink driving against the length of their respective driving bans.

Sheriff Appeal Court 10 December 2020

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

Man who left firearm outside of gun cabinet fails in appeal against conviction but has fine reduced

A man who was convicted of a statutory offence under Section 1(2) of the Firearms Act 1968 for leaving his gun in an unlocked room while he was on holiday has had his appeal against conviction refused.

Sheriff Appeal Court 16 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

Falkirk couple have appeal against bankruptcy sale order on family home refused

A couple from Falkirk has failed to appeal the grant of decrees for division and sale of their family home following the sequestration of the husband’s estate.

Sheriff Appeal Court 4 November 2020

Sheriff Appeal Court refuses appeal by former cohabitee seeking financial award 

The Sheriff Appeal Court (Civil Division) has ruled that a man who applied for financial provision following the end of a long cohabitation period has had his appeal against the sheriff’s decision not to make an award in his favour refused. 

Sheriff Appeal Court 7 October 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

Former employee of non-trading company fails to establish claim against liability insurer

A former employee of a company that ceased trading in 2017 has failed in his appeal to obtain £750,000 due to him after being injured at work from the company’s former insurer. 

Sheriff Appeal Court 30 September 2020

Sheriff Appeal Court finds sheriff unfairly divided property in divorce appeal

The former husband of a woman who sought divorce on the grounds of unreasonable behaviour has succeeded in appealing the manner in which the matrimonial property was divided. 

Sheriff Appeal Court 29 September 2020

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