Appeal Sheriff meaning

This flowchart outlines the actions needed to achieve valid service of the claim form outside the jurisdiction in practice. It should be read in conjunction with Practice Note: Cross-border service—a guide for dispute resolution practitioners, which details each relevant stage and also provides links to guidance for each stage...

The Scottish Ministers v Johnston [2024] EAT 121 Johanna Johnston KC remained within one, continuing contract of employment when appointed as a temporary judge of the High Court of Justiciary, whilst simultaneously serving as a sheriff, the tribunal concluded. It accepted that, when presiding as a temporary judge, Johnston worked at a different location and undertook judicial functions in another jurisdiction; however, other significant elements stayed the same. In particular, there was no alteration to Johnston’s remuneration, nor to the identities of the parties to the employment relationship, according to the decision as recorded in the judgment of the tribunal...

Sheriff Appeal Court dismisses ‘multiple contracts’ defence to adjudication enforcement (George Beattie & Sons v Gareloch) George Beattie & Sons Ltd v Gareloch Support Services (Plant) Ltd [2024] SAC (Civ) 43 What are the practical implications of this case? This decision reinforces the courts’ firm approach to enforcing adjudication awards, making clear that jurisdictional challenges will not be entertained unless clearly and consistently articulated. It stresses the need to state any objection to an adjudicator’s jurisdiction expressly and to maintain that reservation. In this matter, the contractor asserted during the adjudication that the parties were bound by multiple contracts, yet seems not to have gone on to make an explicit jurisdictional challenge on that footing. The consequence was that, even if the “multiple contracts” contention could have undermined the adjudicator’s remit, the appellant could not rely on it to resist enforcement. More broadly, the case highlights a familiar risk when agreements are formed through exchanged quotations and correspondence rather than formal terms and conditions—uncertainty may arise over...

Editor’s note Welcome to the fourth instalment of the Public Law case law quarterly for 2025, spanning the year’s closing quarter. We lead with the Supreme Court’s ruling in X v Lord Advocate, addressing vicarious responsibility for judicial conduct. In a clear ruling, the court concluded that the Crown bears no vicarious liability for alleged harassment said to have been committed by a Scottish sheriff. After reviewing Jwanczuk, Daly and JR87, we also highlight the Supreme Court’s decision in Home Secretary v Kolicaj, which revisited the public law duty of fairness as it operates in citizenship deprivation cases. This issue further surveys developments on equality and human rights, including Sussex Police v XGY, where the Court of Appeal once again confirmed the wide scope of common law advocate immunity in the face of human rights arguments, and ARC, where the Administrative Court found the Leasehold and Freehold Reform Act 2024 to be consistent with landlords’ right to property...

This Practice Note outlines how appeal processes operate within Scottish summary criminal matters. For guidance on appeals in solemn cases in Scotland, consult Practice Note: Scottish criminal appeals—solemn procedure. For fuller direction on the Scottish summary process, see Practice Note: Summary procedure in Scottish criminal proceedings. More broadly, see Practice Note: The investigation and prosecution of criminal offences in Scotland. Update effective 1 December 2025: modernisation of criminal court procedure Several enduring lasting changes have been enacted by the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025, displacing the earlier temporary procedural arrangements brought in during the COVID-19 pandemic. Practitioners should read every procedural reference in this Practice Note through the lens of these legislative revisions. Electronic signatures and document transmission Under CP(S)A 1995, ss 303C–303F, documents in criminal proceedings may bear electronic signatures and be sent electronically to an accused or their legal representative, subject to the requirements set out in those provisions. Virtual attendance at hearings The court may...

Civil justice reform See our Practice Note, Civil justice reform in Scotland-virtual hearings and electronic submission of documents, for guidance on the current rules and practice in the Scottish civil courts regarding virtual hearings and the electronic signing, transmission and lodging of documents. The Note introduces the Inner House of the Court of Session and examines its composition, jurisdiction, personnel and court rolls in detail as applicable. It sets out the principal kinds of appeal competent to the Inner House of the Court of Session and summarises the nature, time-limits and procedure for: each of the following: applications for a new civil jury trial appeals from the Sheriff Appeal Court statutory appeals appeals by way of stated case petitions to the nobile officium For detailed guidance on reclaiming motions, see Practice Note: Reclaiming motions in the Inner House of the Court of Session in Scotland and Procedural requirements for reclaiming key interlocutors to the Inner House of the Court...

Civil justice reform See our Practice Note, Civil justice reform in Scotland—virtual hearings and electronic submission of documents, for guidance on the current rules and practice in the Scottish civil courts concerning virtual hearings and the electronic signing, transmission and lodging of documents. This Practice Note also explains special procedures in civil appeals in the Scottish Sheriff Appeal Court, including devolution matters, human rights interventions, taking proof or further proof, and remitting the appeal to the Court of Session. For guidance on other aspects of civil appeals to and within the Scottish Sheriff Appeal Court, see these Practice Notes: Introduction to the Scottish Sheriff Appeal Court — which considers the Sheriff Appeal Court’s jurisdiction, the types of cases it can hear, and whether permission to appeal is required Starting an appeal in the Scottish Sheriff Appeal Court — which provides guidance on commencing an appeal in the Sheriff Appeal Court, including how to lodge an appeal, the documents needed, applicable time limits, and...