The Civil Sheriff Court of Appeal - Assignment Example

THE CIVIL SHERIFF COURT OF APPEAL

The Sheriff Court of Appeal (civil) started its performance on 1st January 2016. It deals with civil proceedings that were previously performed by Sheriffs Court of Scotland. (SM Barkan, B Bintliff, M Whisner, 2015, p. 62-69). It consists of three Sheriffs who listen to appeals that were decided by a single sheriff. These appeals are civil and are raised under the normal cause, summarized cause, minor claims and procedural business. Appeals only proceed with permission from the Court of Session or the Sheriff Appeal Court. The sheriffs and all sheriffdoms in the whole of Scotland that perform rulings in the Sheriff Appeal court in civil cases a bid to the same rules of law. A prior court decision can only be changed by the Sheriff Appeal Court if the number of Sheriffs is bigger than that one that had previously decided on the case.

Question Two

The Scottish Civil Structure is composed of two main parts, i.e., the civil justice system and the criminal justice system. Both sub-structures have different courts and procedures. The civil system mainly deals with the disagreements between two or more characters which are as a result of normal daily businesses. In most cases, the civil legal justice is mostly revolved individually to the rest of United Kingdom, and it's mainly formulated in the Scottish Parliament. Therefore The Sheriff Appeal Court (civil) is in the civil justice system part.

Example of cases dealt at the civil Sheriff Appeal Court are separations of civil marriages or divorces, family disputes for example where one family is subjected to pay another family some amount of money. Adoptions and the rights of the adopted. Problems resulting from property owners and tenants especially when there is eviction, debtors refusing to comply, bankruptcy. The matter was arising from unpaid contracts etc. All the minor cases that can’t be termed as criminal cases are dealt with at this court level.

Examples of Such Cases Include:

i. Carlill v Carbolic Smokeball Co

Fact:

The Carbolic Smoke Ball was the defendant and a proprietor medical preparations. They had advertised that they would pay 100 euros to anyone who used the balls three times a day for a fortnight and then contributed influenza. Mrs. Carlill caught the flu even after using the ball as advertised. She went ahead and sued the company. The defending side claimed that the advertisement was not intended to make offers as this would make people contract in the whole world which was impossible.

Held:

Mrs. Carlill claimed that there was an abiding contract. The advertisement was meant for the whole world, and those who complied with the conditions had accepted the offer and were entitled to the 100 euros.

ii. Loudon v. Elder Curator

Elder, a merchant from Dundee, had made an order of goods on 23rd and 28th of March. Before the order was delivered on 31st, Elder was declared as insane, and the contract was canceled. At the time were being made it was also proved that Elder was insane.

Held:

The orders were not countable as they were null and void and no liability for breach of contract.

McGilvary v. Gilmartin

Facts:

McGilvary, claimed her daughter the defender to her advantage after she felt physically weak and mentally ill. This was after the death of the defender's father. McGilvary was tricked by her daughter to sign the house over her. This house was supposed to be inherited by Mrs. McGilvary’s son.

Held:

Actual proof of fraud was unnecessary as the basis was enough to show actual fraud had happened.

iii. Hughes v. Lord Advocates

Facts:

Upon dropping a paraffin lamp into a manhole to little kids were injured. The defenders were responsible for the poor maintenance of the manhole and the negligence that led the lamp exploding.

Held:

Although it was unpredictable that the explosion could occur, it was concluded that it was predictable that the kids would be hurt if a manhole was left opened and the lamp was left unattended. A duty of care should have been established as there was enough foreseeability to note it.

iv. Watson vas. British Boxing Board of Control

Facts

Michael Watson sustained head injuries as he was boxing with Chris Eubank while trying to retain his title. The British Boxing Board of Control regulated theses fights. Watson claim was that they were reluctant in taking appropriate measures to immediate treatment.

Held

The Court of Appeal concluded it was the responsibility of the board to take immediate care for the complainant since there was the existence of a duty of care from the defender.

The civil Sheriff Appeal Court also contains personnel who are involved in the various proceeding of cases. This personnel includes the lawyers who are the professionally trained people who represent and advise clients in the courts. In Scotland, the lawyers are divided into two groups, i.e., the advocates and the solicitors. Each group is entitled to specific roles which are entitled to strict adherence.

Solicitors are the legal practitioners. They are hired by their clients to provide with legal advisories or do courtroom representations. Their main clients are those in a partnership or sole proprietors in businesses. They are also found in large private organizations such as banks and insurance companies, and their main work is to observe the day to day legal requirements. In these organizations, they are referred to as ‘in-house solicitors.'

In Scotland most though not all solicitors also become notaries. Their main function is to bear witness and validate documents. These documents are mainly those that require oath administration to be used in foreign judicial systems and require certification before a Notary. Also, there are solicitor-advocates who are solicitors with an increased experience training and have been given rights of audience in several supreme courts.

Advocates, on the other hand, are legal professionals who have audience rights in all courts of law in Scotland. Their specific collection name is “the bar.” Each advocate operates individual, and it’s illegal for them to partner with more profits or even sharing of work. Most of them are based in the Advocates Faculty located in Parliament House in Edinburgh. Unlike the solicitors, advocates cannot be directly employed by the public. They are instead appointed by solicitors in place of a client.

Sheriffs are the other personnel who are involved in the civil case processes. Sheriffs are the ones who hear the case from both sides and make a ruling. For one to be a Sheriff, one is entitled to 10 years of experience as an advocate. They remain in office until the retirement age of 70 years. The last person you can find in these civil cases is the Judge OF THE Supreme Court of Scotland. He presides over both major criminal and civil cases. To become a judge, you need at least five years of experience as an advocate or solicitor, or you have ever been a sheriff principal.