Messrs J & E Shepherd v Letley [2015] ScotCS CSIH_87 (03 December 2015)

Messrs J & E Shepherd v Letley [2015] ScotCS CSIH_87 (03 December 2015)

Forbes v Forbes 1993 SC 271 was wrongly decided; breach of interdict proceedings are civil proceedings and appeals against findings of breach are competent under section 3(d) of the 1907 Act; the sheriff principal's dismissal of the appeal as incompetent was erroneous.

Citation
[2015] ScotCS CSIH_87
Parties
Pursuers and Respondents: Messrs J & E Shepherd; Defender and Appellant: Paul David Letley
Jurisdiction
Scotland
Judgment Date
03 December 2015
Procedural Posture
Appeal Against Interlocutor (sheriff Principal) / Full Bench Appellate Review
Outcome
appeal allowed
Legal Topics
Breach of Interdict, Appeals Competency, Sheriff Courts (scotland) Act 1907, Courts Reform (scotland) Act 2014
Civil Procedure Contempt of Court Breach of Interdict Appeals Competency Sheriff Courts (scotland) Act 1907 Courts Reform (scotland) Act 2014

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Parties

Messrs J & E Shepherd

Pursuers and Respondents

Paul David Letley

Defender and Appellant

Procedural Posture

Appeal Against Interlocutor (sheriff Principal) / Full Bench Appellate Review

Legal Issues

  1. 1 Is an appeal against a finding of breach of interdict competent under section 3(d) of the Sheriff Courts (Scotland) Act 1907?
  2. 2 Should breach of interdict proceedings be treated as civil proceedings for appeal purposes?

Ratio Decidendi

Forbes v Forbes 1993 SC 271 was wrongly decided; breach of interdict proceedings are civil proceedings and appeals against findings of breach are competent under section 3(d) of the 1907 Act; the sheriff principal's dismissal of the appeal as incompetent was erroneous.

Court Disposition

appeal allowed

Orders

  • Sheriff principal’s interlocutor of 27 November 2014 recalled.
  • Appeal remitted to sheriff principal to proceed as accords.