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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11561
Experience:  30 years as a practising solicitor.
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Does an appeal have to contain cravings in law from the

Resolved Question:

Does an appeal have to contain cravings in law from the appellant and would the normal craving be for a straight dismissal of the claim; if the appellant is craving dismissal but is only successful on 1 or 2 out of the 4 grounds for appeal would the claim be dismissed, upheld or possibly go to a retrial?Thanks
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
If the appeal is to revive an action that you haven't entered appearance in, then your appeal has to deal with your failure to do so. You may want to have draft defences available to show the court what you want the court to do if the appeal is allowed. The disposal of the appeal in your favour would normally put the case back to stage 1 if the appeal is concerned with your failure to appear.
Customer: replied 1 year ago.
We did appear in the original action. Therefore should we include our crave in law and should that be for a full dismissal of the claim. What would happen if the appellant craves dismissal but is only successful on 1 or 2 out of the 4 grounds for appeal and would the case still be dismissed; alternatively would there be a retrial or would the original decision be upheld?Thanks
Expert:  JGM replied 1 year ago.
There would not be a trial, or proof as it is known in Scotland. The appeal would be whether the sheriff erred in law or made wrong findings in fact based on a reading of the evidence. Your note of appeal should only contain a statement of numbered paragraphs on where you think the sheriff made mistakes. No craves. The craves and pleas in law available to you are already in the court pleadings. I hope that helps. Please leave a positive rating so that I am credited for my time.
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Customer: replied 1 year ago.
That's great thanks. Leaving positive feedback.