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Scotland decisions
Decisions matching the current search
Lady Tait refused a motion to sist a Scottish divorce action in favour of Californian separation proceedings, holding the balance of fairness and convenience favoured Scotland.
The sheriff granted divorce, continued a shared care arrangement for two daughters, and made a financial incidental order reflecting the defender’s mortgage payments.
Lady Drummond refused judicial review of the Sheriff Principal’s decision not to investigate a complaint about a curator ad litem, holding there was no error of law, unfairness, or irrationality.
In this divorce action, the Outer House allowed interim aliment partly and included an allowance for prospective legal fees in an exceptional case.
The Inner House quashed a complaint finding against Cannons Law Practice LLP, holding the Commission conflated family-law specialisation with competence, but left three other complaints intact.
The Sheriff Appeal Court refused an appeal against dismissal, holding that a duplicate family action was an unreasonable and abusive use of procedure.
Appeal in the cause John Bernard Curran against Caroline Theresa Curran (Assisted Person) (Sheriff Appeal Court Civil) [2026] SACCIV 29 (21 April 2026)
The Sheriff Appeal Court held that a defender relying on section 19 of the 1981 Act must plead relevant averments and a supporting plea-in-law.
F against M (Sheriff Court Civil) [2026] SCHAM 58 (21 April 2026)
The sheriff granted unsupervised non-residential contact between a father and his autistic child, but refused residential contact because of unresolved alcohol concerns.
AEV and LE against Sharon McArthur, Locality Reporter Manager for an order requiring the sheriffs at Aberdeen to state a case (Court of Session) [2026] CSIH 18 (10 April 2026)
Court of Session considered whether sheriffs wrongly refused to state a case over interim child supervision orders, but declined to order one and directed attention to ongoing children's hearing remedies.
Petition of GNO for orders under the Child Abduction and Custody Act 1985 (Court of Session) [2026] CSOH 36 (07 April 2026)
The Court of Session made contact and passport orders for a child in a Hague Convention access dispute, but refused additional contact days.
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