Dundee Car Service Ltd v. Scanlan & Anor [2006] ScotSC 78 (27 October 2006)

Dundee Car Service Ltd v. Scanlan & Anor [2006] ScotSC 78 (27 October 2006)

The Sheriff Principal held that, notwithstanding arguments based on MacIver and Rodenhurst, he was bound by the authority of Forbes v Forbes, which directly addresses the issue and holds that appeals against a sheriff's sentence for contempt or breach of interdict are only competent to the Court of Session. The appeal was therefore incompetent.

Citation
[2006] ScotSC 78
Parties
Pursuer and Respondent: Dundee Car Service Centre Limited; First Defender and Appellant: Bernard Scanlan; Second Defender and Respondent: Dundee Car Valet Centre Limited
Jurisdiction
Scotland
Judgment Date
27 October 2006
Procedural Posture
Appeal / Sheriff Principal Judgment on Competency of Appeal
Outcome
Appeal dismissed as incompetent
Legal Topics
Appeal Competency, Contempt of Court, Breach of Interdict
Civil Procedure Appeal Competency Contempt of Court Breach of Interdict

Case Brief

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Parties

Dundee Car Service Centre Limited

Pursuer and Respondent

Bernard Scanlan

First Defender and Appellant

Dundee Car Valet Centre Limited

Second Defender and Respondent

Procedural Posture

Appeal / Sheriff Principal Judgment on Competency of Appeal

Legal Issues

  1. 1 Whether an appeal against a sheriff's sentence for breach of interim interdict is competent before the sheriff principal

Ratio Decidendi

The Sheriff Principal held that, notwithstanding arguments based on MacIver and Rodenhurst, he was bound by the authority of Forbes v Forbes, which directly addresses the issue and holds that appeals against a sheriff's sentence for contempt or breach of interdict are only competent to the Court of Session. The appeal was therefore incompetent.

Court Disposition

Appeal dismissed as incompetent

Orders

  • Appeal dismissed as incompetent
  • Expenses of the appeal reserved for later determination