Appeal by Kenneth Prentice against Chief Constable of the Police Service of Scotland (Sheriff Appeal Court Civil) [2025] SACCIV 18 (08 November 2024)

Appeal by Kenneth Prentice against Chief Constable of the Police Service of Scotland (Sheriff Appeal Court Civil) [2025] SACCIV 18 (08 November 2024)

The restriction in the Firearms Act 1968 on appeals 'only on a point of law' applies to the substantive decision regarding the firearm certificate, not to incidental matters such as expenses. The sheriff retains common law discretion over expenses, and appeals on expenses are not limited to points of law but are discouraged unless there is a miscarriage of justice.

Citation
[2025] SACCIV 18
Parties
Pursuer and Appellant: Kenneth Prentice; Defender and Respondent: Chief Constable of the Police Service of Scotland
Jurisdiction
Scotland
Judgment Date
08 November 2024
Procedural Posture
Civil Appeal / Competency Hearing on Appeal Against Sheriff's Decision on Expenses
Outcome
Appeal held competent; assigned to Chapter 8 procedure for hearing on merits; expenses reserved.
Legal Topics
Appeals on Expenses, Firearms Act 1968, Judicial Discretion on Costs, Competency of Appeal, Public Authority Costs Immunity
Administrative Law Firearms Licensing Civil Procedure Appeals on Expenses Firearms Act 1968 Judicial Discretion on Costs Competency of Appeal Public Authority Costs Immunity

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Parties

Kenneth Prentice

Pursuer and Appellant

Chief Constable of the Police Service of Scotland

Defender and Respondent

Procedural Posture

Civil Appeal / Competency Hearing on Appeal Against Sheriff's Decision on Expenses

Legal Issues

  1. 1 Whether an appeal against a sheriff's decision on expenses in a firearms licensing case is competent under the Firearms Act 1968
  2. 2 Whether the sheriff erred in law by not awarding expenses to the appellant based on alleged improper motive or bad faith by the respondent

Ratio Decidendi

The restriction in the Firearms Act 1968 on appeals 'only on a point of law' applies to the substantive decision regarding the firearm certificate, not to incidental matters such as expenses. The sheriff retains common law discretion over expenses, and appeals on expenses are not limited to points of law but are discouraged unless there is a miscarriage of justice.

Court Disposition

Appeal held competent; assigned to Chapter 8 procedure for hearing on merits; expenses reserved.

Orders

  • The appeal is competent and will proceed to a hearing on the merits under Chapter 8 procedure.
  • All issues of expenses arising from the competency hearing are reserved.