Fraser William Cullen Prentice against Chief Constable of the Police Service of Scotland (Sheriff Appeal Court Civil) [2026] SACCIV 4 (22 January 2026)

Fraser William Cullen Prentice against Chief Constable of the Police Service of Scotland (Sheriff Appeal Court Civil) [2026] SACCIV 4 (22 January 2026)

The sheriff was correct to refuse an evidential hearing and to make no award of expenses, as the proceedings were concluded by concession, no material matters remained in dispute, and no evidence of improper conduct or grounds for departure from the normal rule on expenses was established. The sheriff's exercise of discretion was not erroneous and should not be interfered with.

Citation
[2026] SACCIV 4
Parties
Pursuer and Appellant: Fraser William Cullen Prentice; Defender and Respondent: Chief Constable of the Police Service of Scotland
Jurisdiction
Scotland
Judgment Date
22 January 2026
Procedural Posture
Appeal (summary Application) / Sheriff Appeal Court, Post Expenses Hearing
Outcome
Appeal refused
Legal Topics
Expenses in Litigation, Discretion of Court, Public Authority Liability, Evidential Hearings, Statutory Guidance
Administrative Law Firearms Licensing Civil Procedure Expenses in Litigation Discretion of Court Public Authority Liability Evidential Hearings Statutory Guidance

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Parties

Fraser William Cullen Prentice

Pursuer and Appellant

Chief Constable of the Police Service of Scotland

Defender and Respondent

Procedural Posture

Appeal (summary Application) / Sheriff Appeal Court, Post Expenses Hearing

Legal Issues

  1. 1 Whether the sheriff erred in refusing an evidential hearing on expenses
  2. 2 Whether the sheriff erred in making no award of expenses
  3. 3 Whether improper conduct by the respondent warranted departure from the normal rule on expenses

Ratio Decidendi

The sheriff was correct to refuse an evidential hearing and to make no award of expenses, as the proceedings were concluded by concession, no material matters remained in dispute, and no evidence of improper conduct or grounds for departure from the normal rule on expenses was established. The sheriff's exercise of discretion was not erroneous and should not be interfered with.

Court Disposition

Appeal refused

Orders

  • No award of expenses to or by either party