Yvonne Prentice against Chief Constable of the Police Service of Scotland (Sheriff Appeal Court Civil) [2026] SACCIV 5 (22 January 2026)

Yvonne Prentice against Chief Constable of the Police Service of Scotland (Sheriff Appeal Court Civil) [2026] SACCIV 5 (22 January 2026)

The sheriff was entitled to refuse an evidential hearing and make no award of expenses, as the proceedings were concluded by concession, there was no evidence of improper conduct justifying departure from the normal rule, and the issues raised by the appellant were either moot, academic, or not directly related to the revocation of her certificate.

Citation
[2026] SACCIV 5
Parties
Pursuer and Appellant: Yvonne Prentice; Defender and Respondent: Chief Constable of the Police Service of Scotland
Jurisdiction
Scotland
Judgment Date
22 January 2026
Procedural Posture
Appeal (civil) / Appeal Against Sheriff's Decision on Expenses After Concession of Appeal
Outcome
Appeal refused
Legal Topics
Expenses in Litigation, Discretion of Court on Costs, Public Authority Immunity From Costs, Firearms Certificate Revocation, Procedural Fairness
Administrative Law Firearms Licensing Civil Procedure Expenses in Litigation Discretion of Court on Costs Public Authority Immunity From Costs Firearms Certificate Revocation Procedural Fairness

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Parties

Yvonne Prentice

Pursuer and Appellant

Chief Constable of the Police Service of Scotland

Defender and Respondent

Procedural Posture

Appeal (civil) / Appeal Against Sheriff's Decision on Expenses After Concession of Appeal

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 after concession by respondent
  3. 3 Whether alleged misconduct or improper conduct by the respondent justified departure from the normal rule on expenses

Ratio Decidendi

The sheriff was entitled to refuse an evidential hearing and make no award of expenses, as the proceedings were concluded by concession, there was no evidence of improper conduct justifying departure from the normal rule, and the issues raised by the appellant were either moot, academic, or not directly related to the revocation of her certificate.

Court Disposition

Appeal refused

Orders

  • No award of expenses to or by either party