Duff v. Strang [2008] ScotHC HCJAC_04 (23 January 2008)

Duff v. Strang [2008] ScotHC HCJAC_04 (23 January 2008)

Appeal to the High Court of Justiciary by stated case is incompetent for an unsuccessful applicant for lawburrows, as current statutory provisions restrict such appeals to criminal proceedings. The pursuer's pleadings do not disclose apprehension of physical violence or harm, rendering the application irrelevant.

Citation
[2008] ScotHC HCJAC_04
Parties
Pursuer and Appellant: James Duff; Defender and Respondent: David J. R. Strang
Jurisdiction
Scotland
Judgment Date
23 January 2008
Procedural Posture
Stated Case (appeal) / Appeal From Sheriff Court Decision
Outcome
Appeal dismissed as incompetent.
Legal Topics
Lawburrows, Appeal Competency, Summary Jurisdiction Acts, Police Liability
Civil Procedure Criminal Procedure Lawburrows Appeal Competency Summary Jurisdiction Acts Police Liability

Case Brief

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Parties

James Duff

Pursuer and Appellant

David J. R. Strang

Defender and Respondent

Procedural Posture

Stated Case (appeal) / Appeal From Sheriff Court Decision

Legal Issues

  1. 1 Is appeal to the High Court of Justiciary by stated case competent for an unsuccessful applicant for lawburrows?
  2. 2 Was the sheriff entitled to dismiss the action as incompetent and irrelevant without hearing evidence?
  3. 3 Do the pursuer's pleadings disclose apprehension of physical violence or harm sufficient for lawburrows?

Ratio Decidendi

Appeal to the High Court of Justiciary by stated case is incompetent for an unsuccessful applicant for lawburrows, as current statutory provisions restrict such appeals to criminal proceedings. The pursuer's pleadings do not disclose apprehension of physical violence or harm, rendering the application irrelevant.

Court Disposition

Appeal dismissed as incompetent.

Orders

  • Appeal to the High Court of Justiciary by stated case is not competent for civil lawburrows applications.
  • No further orders; merits not considered due to procedural incompetency.