Colin Gillan against Mark Sinclair (Sheriff Appeal Court Civil) [2026] SACCIV 2 (15 January 2026)

Colin Gillan against Mark Sinclair (Sheriff Appeal Court Civil) [2026] SACCIV 2 (15 January 2026)

The Sheriff Appeal Court possesses inherent power to award interest on judicial expenses, and should exercise this power to ensure consistency with other Scottish civil courts. Interest should run from 28 days after the account of expenses was lodged, at the judicial rate of 8% per annum. The respondent's motion was made timeously at the appropriate post-taxation stage.

Citation
[2026] SACCIV 2
Parties
Pursuer and Appellant: Colin Gillan; Defender and Respondent: Mark Sinclair
Jurisdiction
Scotland
Judgment Date
15 January 2026
Procedural Posture
Civil Appeal / Post Taxation Motion for Interest on Expenses
Outcome
Respondent's motion granted.
Legal Topics
Judicial Expenses, Interest on Expenses, Sheriff Appeal Court Powers, Taxation of Costs
Civil Procedure Judicial Expenses Interest on Expenses Sheriff Appeal Court Powers Taxation of Costs

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Parties

Colin Gillan

Pursuer and Appellant

Mark Sinclair

Defender and Respondent

Procedural Posture

Civil Appeal / Post Taxation Motion for Interest on Expenses

Legal Issues

  1. 1 Is the Sheriff Appeal Court empowered to award interest on judicial expenses in the absence of an express rule?
  2. 2 If so, from what date and at what rate should interest run?
  3. 3 Was the respondent's motion for interest made timeously?

Ratio Decidendi

The Sheriff Appeal Court possesses inherent power to award interest on judicial expenses, and should exercise this power to ensure consistency with other Scottish civil courts. Interest should run from 28 days after the account of expenses was lodged, at the judicial rate of 8% per annum. The respondent's motion was made timeously at the appropriate post-taxation stage.

Court Disposition

Respondent's motion granted.

Orders

  • Decree for expenses as taxed, with interest at 8% per annum from 15 January 2025.
  • Appellant found liable for expenses of the opposed motion, including the hearing on 6 November 2025.