small claims
case digest

Kostric -v- O'Hara 1990 SCLR 129


Issue - Scope of small claims appeal; questions of law only; Section 38, Sheriff Courts (Scotland) Act 1971.

Appeal to the Sheriff Principal by D. One of the questions of law the Sheriff asked himself was: 'Had I exercised my discretion in such a manner as to arrive at a decision that no sheriff properly directing himself in law could properly arrived at?'.

The Sheriff Principal decided not to answer this question as: 'it seems to me that it opens the way to an appeal on the question of whether the sheriff was right in his assessment of the evidence, which is, to my mind, an appeal on fact and not a question of law. Such an appeal is, of course, excluded in a summary cause - which this is - in terms of section 38 of the Sheriff Courts (Scotland) Act 1971'.