MITCHELL, APPLICATION FOR LEAVE TO APPEAL BY v HUGH COLIN SOMERVILLE AND ANOTHER [2017] ScotCS CSIH_60 (04 October 2017))

MITCHELL, APPLICATION FOR LEAVE TO APPEAL BY v HUGH COLIN SOMERVILLE AND ANOTHER [2017] ScotCS CSIH_60 (04 October 2017))

The application does not satisfy section 113 of the 2014 Act as the grounds are fact-specific, relate to judicial discretion and expenses, and do not raise an important point of principle or practice nor provide a compelling reason for appeal.

Citation
[2017] ScotCS CSIH_60
Parties
Applicant: Wesley Mitchell; Respondents: Hugh Colin Somerville & Another
Jurisdiction
Scotland
Judgment Date
04 October 2017
Procedural Posture
Application for Leave to Appeal / Refusal of Leave to Appeal to Court of Session
Outcome
Leave to appeal refused.
Legal Topics
Reduction of Wills, Legal Aid, Summary Decree, Expenses Taxation
Civil Procedure Succession Law Reduction of Wills Legal Aid Summary Decree Expenses Taxation

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Parties

Wesley Mitchell

Applicant

Hugh Colin Somerville & Another

Respondents

Procedural Posture

Application for Leave to Appeal / Refusal of Leave to Appeal to Court of Session

Legal Issues

  1. 1 Whether leave to appeal should be granted under section 113 of the Courts Reform (Scotland) Act 2014
  2. 2 Whether the absence of legal aid and alleged procedural unfairness justify appeal
  3. 3 Whether the sheriff erred in granting summary decree and in taxation of expenses

Ratio Decidendi

The application does not satisfy section 113 of the 2014 Act as the grounds are fact-specific, relate to judicial discretion and expenses, and do not raise an important point of principle or practice nor provide a compelling reason for appeal.

Court Disposition

Leave to appeal refused.

Orders

  • Leave to appeal to Court of Session refused.