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Scotland Case Law

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Family law [2025] SACCIV 9

AT against NK (AP) (Sheriff Appeal Court Civil)

AT against NK (AP) (Sheriff Appeal Court Civil) [2025] SACCIV 9 (28 March 2025)

The Sheriff Appeal Court held that appeals against interim aliment and an order for sale of the matrimonial home were incompetent without leave.

  • Interim aliment
  • Incidental order for sale of matrimonial home
  • Appeal competency
  • Financial provision on divorce
  • Child maintenance
  • Interim-aliment
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Civil procedure [2025] SACCIV 5

Appeal by MF in the summary application by City of Edinburgh Council in respect of MF (Sheriff Appeal Court Civil)

Appeal by MF in the summary application by City of Edinburgh Council in respect of MF (Sheriff Appeal Court Civil) [2025] SACCIV 5 (13 February 2025)

The Sheriff Appeal Court held that MF’s appeal was incompetent because the challenged interlocutors were procedural orders, not appealable decisions under the Adults with Incapacity (Scotland) Act 2000.

  • Appeal competency
  • Adults with incapacity
  • Procedural orders
  • Statutory interpretation
  • Appeal-competency
  • Adults-with-incapacity
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Family law [2024] SACCIV 36

Appeal in the cause JM against KB and EH (Sheriff Appeal Court Civil)

Appeal in the cause JM against KB and EH (Sheriff Appeal Court Civil) [2024] SACCIV 36 (01 August 2024)

The Sheriff Appeal Court held that the appeal was incompetent because the child had turned 16, so the residence and contact orders sought could no longer be granted.

  • Residence orders
  • Contact orders
  • Parental rights and responsibilities
  • Legal capacity of children
  • Appeal competency
  • Family-law
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Criminal law [2023] ScotHC HCJAC_47

LAWRENCE PHEE AGAINST HIS MAJESTY'S ADVOCATE

LAWRENCE PHEE AGAINST HIS MAJESTY'S ADVOCATE [2023] ScotHC HCJAC_47 (21 November 2023)

Appeal Court upheld a 2-year default prison term for non-payment of a confiscation order, and held that interest ran from the end of the payment period.

  • Confiscation orders
  • Default imprisonment
  • Tainted gifts
  • Proportionality
  • Appeal competency
  • Confiscation-orders
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Administrative law [2015] ScotCS CSIH_82

Secretary of State for Work and Pensions v Robertson Court of Session

Secretary of State for Work and Pensions v Robertson Court of Session [2015] ScotCS CSIH_82 (24 November 2015)

The Court of Session dismissed the Secretary of State’s appeal as incompetent, holding that the vires issue did not arise from the Upper Tribunal’s operative decision.

  • Statutory interpretation
  • Ultra vires
  • Discrimination
  • Appeal competency
  • Disability living allowance
  • Mobility component
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Succession law [2014] ScotCS CSIH_102

Auchnie v Auchnie

Auchnie v Auchnie [2014] ScotCS CSIH_102 (21 November 2014)

The Court of Session held that a minute seeking to sist a party was not a final judgment appealable without leave, and that refusal to sist the minuter was a proper exercise of discretion.

  • Executry
  • Estate administration
  • Sist of parties
  • Appeal competency
  • Res judicata
  • Civil-procedure
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Civil procedure [2014] ScotSC 68

ALOK WANCHOO AGAINST ABERDEEN CITY COUNCIL

ALOK WANCHOO AGAINST ABERDEEN CITY COUNCIL [2014] ScotSC 68 (20 August 2014)

The sheriff principal held that expenses could be awarded after a motion for interim interdict was withdrawn and allowed Aberdeen City Council's appeal.

  • Interim interdict
  • Expenses
  • Sheriff court practice
  • Withdrawal of motion
  • Appeal competency
  • Interim-interdict
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Family law [2014] ScotSC 77

LESLIE WILLIAM HALL AGAINST KRISTINA ELEANOR HALL

LESLIE WILLIAM HALL AGAINST KRISTINA ELEANOR HALL [2014] ScotSC 77 (08 August 2014)

Sheriff Principal Pyle refused a child-residence appeal as incompetent, and said that even if competent it would have failed on the merits.

  • Child residence
  • Appeal competency
  • Child welfare hearings
  • Parental responsibility
  • Child-residence
  • Family-law
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Family law [2014] ScotCS CSIH_66

OPINION OF THE COURT DELIVERED BY LORD DRUMMOND IN THE CAUSE BY M.P. AGAINST ELIZABETH TEMPLETON

OPINION OF THE COURT DELIVERED BY LORD DRUMMOND IN THE CAUSE BY M.P. AGAINST ELIZABETH TEMPLETON [2014] ScotCS CSIH_66 (15 July 2014)

The Court of Session held that a family friend was not a “relevant person” under the Children (Scotland) Act 1995 and had no competency to appeal.

  • Definition of relevant person
  • Appeal competency
  • Children's hearings
  • Family life under echr
  • Children-hearings
  • Relevant-person
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Immigration [2013] ScotCS CSIH_89

SB, Re Leave to Appeal

SB, Re Leave to Appeal [2013] ScotCS CSIH_89 (17 October 2013)

The Court of Session refused leave to appeal in an Article 8 immigration case, holding that the central onus argument had not been raised before the Upper Tribunal.

  • Article 8 echr
  • Burden of proof
  • Proportionality
  • Appeal competency
  • Article-8-ehcr
  • Immigration
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.