Colin Boyle (AP) against Molly Denton (AP) (Sheriff Appeal Court Civil) [2024] SACCIV 34 (30 July 2024)

Colin Boyle (AP) against Molly Denton (AP) (Sheriff Appeal Court Civil) [2024] SACCIV 34 (30 July 2024)

The application does not raise a substantial and arguable point of law on which the Court of Session might reasonably and on identifiable grounds take a different view. The first ground of appeal was not properly articulated or addressed in submissions and was obiter. The second ground was not well focussed and failed to identify any error of law. Importance alone does not justify leave to appeal without an arguable point of law.

Citation
[2024] SACCIV 34
Parties
Respondent: Colin Boyle; Applicant and Proposed Appellant: Molly Denton
Jurisdiction
Scotland
Judgment Date
30 July 2024
Procedural Posture
Application for Leave to Appeal / Sheriff Appeal Court Decision on Application for Leave to Appeal to Court of Session
Outcome
Application for leave to appeal refused
Legal Topics
Adults With Incapacity, Guardianship, Leave to Appeal, Appellate Procedure
Mental Health Law Civil Procedure Adults With Incapacity Guardianship Leave to Appeal Appellate Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Colin Boyle

Respondent

Molly Denton

Applicant and Proposed Appellant

Procedural Posture

Application for Leave to Appeal / Sheriff Appeal Court Decision on Application for Leave to Appeal to Court of Session

Legal Issues

  1. 1 Whether leave to appeal should be granted to the Court of Session under section 2(3) of the Adults with Incapacity (Scotland) Act 2000
  2. 2 Whether the Sheriff Appeal Court erred regarding the sheriff's power to order mediation
  3. 3 Whether the Sheriff Appeal Court erred in deciding that a proof was necessary

Ratio Decidendi

The application does not raise a substantial and arguable point of law on which the Court of Session might reasonably and on identifiable grounds take a different view. The first ground of appeal was not properly articulated or addressed in submissions and was obiter. The second ground was not well focussed and failed to identify any error of law. Importance alone does not justify leave to appeal without an arguable point of law.

Court Disposition

Application for leave to appeal refused