Sheriff Court 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...

A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....

Legal validity of Wills In Scots law, a testamentary writing made after 1995 is treated as valid and self‑proving where the following requirements are met: the testator has signed every page the signing took place in the presence of a witness the witness signed the final page The absence of one or more of these features is not fatal, provided the testator did sign the document. If so, anyone with an interest (for example, an executor or beneficiary) may ask the court to ‘set up’ the writing. This can be done by summary application in the Sheriff Court, or incidentally within other proceedings, and in practice is often pursued when applying for confirmation. The burden of proof rests on the applicant, and evidence will usually be by affidavit unless the court directs otherwise. A decree has the effect of creating a presumption that the document was subscribed by the person granting it. Grant of confirmation Confirmation is the...

FORTHCOMING CHANGE : On 30 January 2024, the Trusts and Succession (Scotland) Act 2024 obtained Royal Assent, representing the first review of Scottish trusts law in more than a century since the principal Trusts (Scotland) Act 1921 was enacted. The trusts provisions will require secondary legislation from Scottish Ministers before they commence, whereas the succession provisions took effect on 30 April 2024. Key changes intended to modernise the law are outlined in News Analysis: Trusts and Succession (Scotland) Bill passed. Practice Notes addressing Scottish trusts and succession will be updated as required to reflect this new legislation. This Practice Note explains the procedure for obtaining confirmation in Scotland for testate estates, in scenarios both where no inheritance tax (IHT) is payable and where IHT is due. For guidance on confirmation in intestate estates, see Practice Note: Application for confirmation in Scotland—intestate cases. What is confirmation? ‘Confirmation’ is a document issued by a Sheriff Court that confirms the appointment of executors, whether the appointment was made...

IN THE SHERIFFDOM OF [ insert name of Sheriff Court ] INITIAL WRIT in causa [ insert name of pursuer ], resident at [ insert address of pursuer ] PURSUER versus (1) [ insert name of first defender ], resident at [ insert address of first defender ], (2) [ insert name of second defender ], resident at [ insert address of second defender ] and (3) [ insert name of third defender ], resident at [ insert address of third defender ] DEFENDERS __________________________ The Pursuer craves the Court: 1....

IN THE COURT OF SESSION [ indicate any specialist procedure used, e.g. Commercial action ] Case reference [ insert case reference ] in the cause OR SHERIFFDOM OF [ insert location ] At [ insert location ] Case reference [ insert case reference ] Between [ insert name and designation ] [ Pursuer OR Petitioner OR other ] and [ insert name and designation ] [ Defender OR Respondent OR other ] WITNESS STATEMENT OF [ insert full name of witness ] My name is [ insert name ]. [ I am [ insert age ] years of age. ] [ My address is [ insert address ]. ] [ Briefly describe the capacity in which this statement is provided, e.g. I am the Pursuer, or an employee of the Pursuer, etc ]. [HEADING] [Sub-heading] [ Present the witness’s evidence in this and the following paragraphs ] [ insert text ] [ insert text ] ...