AW against KM (Sheriff Appeal Court Civil) [2026] SACCIV 8 (23 January 2026)

AW against KM (Sheriff Appeal Court Civil) [2026] SACCIV 8 (23 January 2026)

An interlocutor granting commission and diligence for recovery of documents is not an order ad factum praestandum because it does not enforce a pre-existing legal obligation between parties to the action. Therefore, such an order is not appealable without leave under section 110(1)(b)(iii) of the Courts Reform (Scotland) Act 2014. Permission to appeal is required.

Citation
[2026] SACCIV 8
Parties
Pursuer and Respondent: AW; Defender and Appellant: KM
Jurisdiction
Scotland
Judgment Date
23 January 2026
Procedural Posture
Family Law Appeal / Appeal on Competency of Interlocutor Granting Commission and Diligence
Outcome
Appeal refused as incompetent
Legal Topics
Appeals, Commission and Diligence, Orders Ad Factum Praestandum, Sheriff Court Practice, Data Protection
Family Law Civil Procedure Appeals Commission and Diligence Orders Ad Factum Praestandum Sheriff Court Practice Data Protection

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

AW

Pursuer and Respondent

KM

Defender and Appellant

Procedural Posture

Family Law Appeal / Appeal on Competency of Interlocutor Granting Commission and Diligence

Legal Issues

  1. 1 Whether an interlocutor granting commission and diligence is an order ad factum praestandum appealable without leave under section 110(1)(b)(iii) of the Courts Reform (Scotland) Act 2014
  2. 2 Whether permission to appeal is required against such an interlocutor

Ratio Decidendi

An interlocutor granting commission and diligence for recovery of documents is not an order ad factum praestandum because it does not enforce a pre-existing legal obligation between parties to the action. Therefore, such an order is not appealable without leave under section 110(1)(b)(iii) of the Courts Reform (Scotland) Act 2014. Permission to appeal is required.

Court Disposition

Appeal refused as incompetent

Orders

  • Appeal refused as incompetent in terms of Rule 6.10(1)(a) of the SAC Rules 2021
  • Case remitted to the sheriff to proceed as accords