Case archive

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

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

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

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

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

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

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

Motorist who claimed justice of the peace ‘lacked impartiality’ loses appeal against conviction for driving while using mobile phone

A motorist found guilty of using a mobile phone while driving who claimed that the justice of the peace’s conduct of the proceedings breached his right to a fair trial has had his appeal against conviction dismissed.

Sheriff Appeal Court 12 June 2018

New simple procedure does not change sheriff’s powers in dealing with undefended cases, appeal court rules

The Sheriff Appeal Court has published a judgment in three test cases concerning the court’s approach in undefended actions under the simple procedure rules.

Sheriff Appeal Court 23 May 2018

Sheriff Appeal Court upholds PI sheriff’s decision to sanction employment of counsel

The Sheriff Appeal Court has refused an appeal against a personal injury sheriff’s decision to sanction the employment of counsel in an action by an electrician who settled a damages claim against his former employers for pleural plaques he developed as a result of exposure to asbestos.

Sheriff Appeal Court 26 April 2017

National park authority wins appeal in dispute with estate owner over public access rights to land

A Scottish national park authority has successfully challenged a sheriff’s decision to allow an appeal by an estate owner who had taken to steps to prevent or deter members of the public from accessing the land.

Sheriff Appeal Court 25 April 2017