Duff v. Strang [2008] ScotHC HCJAC_4 (23 January 2008)

Duff v. Strang [2008] ScotHC HCJAC_4 (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 sufficient to found an action of lawburrows, rendering the application irrelevant.

Parties
Pursuer and Appellant: James Duff; Defender and Respondent: David J. R. Strang
Jurisdiction
Scotland
Judgment Date
23 January 2008
Procedural Posture
Appeal (stated Case) From Sheriff Court (lawburrows) / Appeal to High Court of Justiciary
Outcome
Appeal dismissed as incompetent.
Legal Topics
Lawburrows, Competency of Appeal, Summary Jurisdiction, Vicarious Liability, Apprehension of Violence
Civil Procedure Criminal Procedure Ancient Remedies Lawburrows Competency of Appeal Summary Jurisdiction Vicarious Liability Apprehension of Violence

Case Brief

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Parties

James Duff

Pursuer and Appellant

David J. R. Strang

Defender and Respondent

Procedural Posture

Appeal (stated Case) From Sheriff Court (lawburrows) / Appeal to High Court of Justiciary

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 sufficient to found an action of lawburrows, rendering the application irrelevant.

Court Disposition

Appeal dismissed as incompetent.

Orders

  • Appeal dismissed.