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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11554
Experience:  30 years as a practising solicitor.
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In Scotland. If a sheriff makes a decision based on a higher

Resolved Question:

In Scotland. If a sheriff makes a decision based on a higher courts decision, but that courts decision is being appealed, what would be the actual grounds and points of appeal in the sheriff
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

The way I would handle this would be to put in a basic note of appeal detailing why you think the sheriff, and the other judge in the other case, are wrong along with a motion to sist the cause pending the outcome of the appeal proceedings in the other case.

The fact that the other case is being appealed is not a ground of appeal in itself but may be a reason to put the case of until the appeal court deals with the point of law concerned.

Happy to discuss further.

Please leave a positive response so that I am credited for my time.
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