Construction Project Management

UNDERGRADUATE PROGRAMME (EGIS), HERIOT-WATT UNIVERSITY MALAYSIA

Student details: (I.D. number) (Phone number)

H00234187 +6 011 2824 8626

Course: (Name) (Code)

Commercial Law C18CL

Tutorial: (Tutors Name)

Dr. Ng May Yee

Assignment: (Title)
H00234187_Dhamiri Gunter, Ahmad Musa_Sheriff Appeal Court (Civil)

(Due date) (Date submitted)

19th October 2017 19th October 2017

Plagiarism involves the act of taking the ideas, writings or inventions of another person and
using these as if they were ones own, whether intentionally or not. Plagiarism occurs where
there is no acknowledgement that the writings or ideas belong to or have come from another
source. For further information, see the universitys Plagiarism Policy:
http://www.hw.ac.uk/registry/resources/plagiarismguide.pdf.

I understand the consequences of plagiarism as described in Regulation 50

(http://www.hw.ac.uk/ordinances/regulations.pdf).
I declare that I have not plagiarised the work of others or participated in unauthorised
collusion when preparing this assignment.
I acknowledge that this assignment may for the purposes of assessment, be
reproduced and (i) provided to another member of faculty or the examination board;
and/or (ii) communicated to the universitys plagiarism checking service.

Signature: .. Date: 19th October 2017

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TABLE OF CONTENTS:

Cover page . . . . . . . . . pg. 1

Table of Contents . . . . . . . . pg. 2
Introduction . . . . . . . . . pg. 3
Outline and describe the Sheriff Appeal Court (Civil) . . . pg. 3
Where the Sheriff Appeal Court (Civil) is situated in the
Scottish Civil Court structure . . . . . . . pg. 4-5
The type of cases heard in the Sheriff Appeal Court (Civil) . . . pg. 6
Legal personnel involved within the cases . . . . . pg. 6
The rationale of establishing the Sheriff Appeal Court (Civil) . . pg. 7
Actual Case Laws . . . . . . . . pg. 7
Reference list . . . . . . . . . pg. 8
Turnitin . . . . . . . . . pg. 9

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 1. Introduction

A slow and long process of progression and improvement starting from the feudal period in 1018
till today is what has made the Scottish legal system into what it is today, whereby the most significant
change in the Scottish legal system in centuries being implemented recently.
In 2007, a judicially-led review was undertaken by the then Lord Justice Clerk on the Scottish
Civil Justice System where the conclusion was reported in the Report of the Scottish Civil Courts Review
headed by Lord Gill in 2009 (Judiciary of Scotland).
The objective of the review being to examine the foundation of civil system in Scotland together
with the administration, proceedings and working practice in a bid to enhance the Scottish legal system.
The report surmised that a reform being necessary brought about the Courts Reform (Scotland) Bill
introduced in 2014 to actualise the reports findings (Judiciary of Scotland).
In October 2014, the Scottish Parliament passed the Courts Reform (Scotland) Act 2014 and
acquired Royal Assent in November 2014 which nullifies the Sheriff Courts (Scotland) act 1971 and
most of the provisions of the Sheriff Courts (Scotland) act 1907 (Judiciary of Scotland).

2. Outline and describe the Sheriff Appeal Court (Civil).

4.1 the sheriff court deals with the bulk of civil litigation in Scotland. The sheriff court also deals with
appeals from, or review of, many local authority and administrative decisions, for example, licensing
appeals (Manson-Smith, 1995, pp.17-18).
They are the medium for the Scottish subjects to settle a feud peacefully and in an organised
manner (Patterson, 1999; Walker, 2001; Ashton, 2003; Busby, 2003).
In September 2015, the Sheriff Appeal Court was incorporated to hear appeals from summary
criminal proceedings. As of 1st January 2016, the recent Sheriff Appeal Court was granted power and
proficiency in civil cases (Judiciary of Scotland).
The Sheriff Appeal Court is governed by Appeal Sheriffs fixated on litigation appeals, replacing
appeals to the Sheriff Principal (Judiciary of Scotland). Under the new structure, there is no more appeal
from a Sheriff at first instance to a Sheriff Principal and to the Inner House of the Court of Session is no
more, an appeal can only be forwarded to the Inner House of the Court of Session from a second appeals
test upon approval from the Sheriff Appeal Court due to compelling reasons, a further appeal to the Court
of Session requires the approval of the Sheriff Appeal Court or Inner House of the Court of Session,

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lastly, the rulings of the Sheriff Appeal Court is final and irrevocable all over Scotland (Judiciary of
Scotland).

3. Where the Sheriff Appeal Court (Civil) is situated in the Scottish Civil Court structure.

The Judiciary of Scotland stated that the highest civil court in Scotland is the Court of Session
which is divided into the Outer House and the Inner House. The Outer House consists of the Sheriff
Court, whereby, the Inner House consists if 1st Division, 2nd Division and the Sheriff Appeal Court,

(Figure 1), (Crime and Justice, 2017).

Figure 1: Summary of court structure

The criminal court is situated at Lawnmarket, Edinburgh whereas the civil court is in Parliament
House, Edinburgh (Judiciary of Scotland).

According to a publication by the Scottish Government on the Civil Justice Statistics in

Scotland 2015-16, Scotland is divided into 6 sheriffdoms, which is further subdivided into sheriff court
districts, 49 of them, of which 10 was closed between November 2013 and January 2015 (Figure 2) due
to the reasons below (Crime and Justice, 2017):
Low volume Business and
Sheriff courts being in close proximity to another sheriff court.

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Figure 2: Sheriff Courts location in Scotland 2015 2016

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 4. The type of cases heard in the Sheriff Appeal Court (Civil)

Up until 27th November 2016, civil sheriff court processes 4 procedures;

Small claims are a relatively informal procedure for settling feuds and is used where the claim
comprises of fiscal claim up to 3,000. The only right of appeal is to the sheriff principal on a
point of law by started case (Patterson, 1999; Walker, 2001; Ashton, 2003; Busby, 2003).
Summary cause is used where the claim comprises of fiscal claim over 3,000 and up to 5,000
(Patterson, 1999; Walker, 2001; Ashton, 2003; Busby, 2003)
Ordinary cause is used where the claim involves fiscal claim over 5,000. (Patterson, 1999;
Walker, 2001; Ashton, 2003; Busby, 2003).
Summary application - This is a less commonly used procedure, formed to be brief and unofficial.
It is for the most part utilized for statutory applications (as such, forms set out in enactment). For
instance, appeals from rulings of licensing boards are heard under summary application. Actions
for the repossession of homes as a result of home loan deficit are heard under summary
application (Patterson, 1999; Walker, 2001; Ashton, 2003; Busby, 2003).

As of 28th November 2016, the first phase of simple procedure has been implemented - the small
claims and summary application procedure being replaced with the new simple procedure, applying to
cases with a value less than 5,000 and certain other matters. In Autumn 2017, the implementation of the
second phase of simple procedure, covering certain types of actions not covered by the first phase such
as personal injury cases will begin (Judiciary of Scotland).

5. Legal personnel involved within the cases.

Since the start of the Sheriff Appeal Court (Civil), a bench of three Appeal Sheriffs will attend to
civil appeals. Whereas, procedural business, routine appeals and appeals from small claims and summary
causes will be attended by a single Appeal Sheriff in the local sheriffdom (Judiciary of Scotland).
Each sheriffdom is headed by a sheriff principal commonly appointed from senior members of
the Bar who is also a full-time judge and subject to manage the work of the sheriffdom, including that of
the sheriff courts within the sheriffdom (Patterson, 1999; Walker, 2001; Ashton, 2003; Busby, 2003).
He is assisted by a unit of qualified lawyers of experience elected as sheriffs who are and is a
permanent resident in the principal towns of the sheriffdom. Sheriff court districts also has their sheriffs
who man the courts (Patterson, 1999; Walker, 2001; Ashton, 2003).

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 A total of 36 new Summary Sheriffs have been appointed as part of the Courts Reform (Scotland)
Act 2014 was implemented. Compared to sheriffs, their jurisdiction is more limited - to dealing with
cases of value less than 5,000 and certain other matters as well as having a criminal jurisdiction and
competence (Scottish Government).

5. The rationale of establishing the Sheriff Appeal Court (Civil).

The superseding objective of the Court Reform (Scotland) Act 2014 is expressed as enhancing
productivity and viability of the Court framework. Lord Gill said; These changes will protect the
trustworthiness of Scots law by creating an effective court structure. Each case will be heard by the
relevant court. The framework will be available and financially practical for the appellant. (Hastings M,
2015).

The recently incorporated Sheriff Appeal Court is fashioned to cut out a ton of case from the
provincial Courts, to be fixated on case appeals in Edinburgh. The outcome of the objectives is to abolish
the ability of an claimant to opt whether to appeal to the Sheriff Principal or directly to the Inner House
of the Court of Session. This was a vital objective of the changes (Hastings M, 2015).

The new framework will obligate appeals to be directed to the Sheriff Appeal Court. Those
appeals will be heard by the freshly appointed Appeal Sheriffs. The duty of the Sheriff Principal as
moderator for deciding appeals is revoked. By having Summary Sheriffs with limited jurisdiction, civil
appeals are heard at the assigned levels within the court structure and handled effortlessly so sheriffs
have more time to attend to complicated criminal cases (Davidson J, 2016).

6. Actual case laws

On 4th September 2017, Gurbax Purewall made an appeal against the decision of the sheriff at
Paisley on 17 June 2016. This was made in respect of an application under section 49 of the Bankruptcy
(Scotland) Act 1985. The sheriff had rejected Ms Balvinders appeal against on her claim for 288,563.00
plus contractual interest made by the appeal qua executrix of the late Jaipal Purewall against the
sequestrated estate of Gurbax Purewall. The conclusion of the case was that the appeal was allowed, the
sheriffs interlocutor to be recalled and remit the case back to him (Scottish Courts and Tribunals, 2017).
On the 21st September 2017, an appeal was made by Jacqueline Bradley in the cause James
Bradley v Jacqueline Bradley. The cause is regarding their agreement on financial provision to be made
upon divorce. The conclusion was that the appeal was approved (Scottish Courts and Tribunals, 2017).
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 Reference list:

AA Paterson et al The Legal System of Scotland: Cases and Materials 4th Ed. (1999 W Green/ Sweet
& Maxwell)
C. Ashton et al. Fundamentals of Scots Law 1st Ed. (2003 W. Green & Son Ltd.)
Davidson J (2016) Twenty-one new summary sheriffs appointed to Scotlands sheriff courts.
Available at: https://www.holyrood.com/articles/news/twenty-one-new-summary-sheriffs-
appointed-scotland%E2%80%99s-sheriff-courts (Accessed 27th September 2017)
DM Walker The Scottish Legal System 8th Ed. (2001 W Green/Sweet & Maxwell)
Hastings M (2015) Is Orange the New Black when it comes to the New System for Appeals in
Scotland? Available at: http://www.bto.co.uk/blog/is-orange-the-new-black-when-it-comes-to-the-
new-system-for-appeals-in-scotland.aspx (Accessed: 25th September 2017)
Judiciary of Scotland Court Structure. Available at: http://www.scotland-
judiciary.org.uk/16/0/Court-Structure (Accessed: 25th September 2017)
Judiciary of Scotland Sheriff Appeal Court. Available at: http://www.scotland-
judiciary.org.uk/24/1547/Sheriff-Appeal-Court (Accessed: 25th September 2017)
Judiciary of Scotland New Sheriff Appeal Court. Available at: http://www.scotland-
judiciary.org.uk/24/1516/New-Sheriff-Appeal-COurt (Accessed: 25th September 2017)
Judiciary of Scotland Court Structure. Available at: http://www.scotland-
judiciary.org.uk/16/0/Court-Structure (Accessed: 25th September 2017)
N. Busby et al Scots Law: A Student Guide 3rd Ed. (2003 Butterworths)
Scottish Courts and Tribunals Available at: http://www.scotcourts.gov.uk/about-the-scottish-court-
service/the-scottish-civil-courts-reform (Accessed: 27th September 2017)
Scottish Government (2017) Civil Justice Statistics in Scotland 2015-2016. Available at:
https://beta.gov.scot/publications/civil-justice-statistics-scotland-2015-16/documents/00515767.pdf
(Accessed: 25th September 2017)

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