J & E Shepherd v Letley

Civil procedure – Breach of interdict – Appeal. Court of Session: Allowing an appeal in which the issue was the proper mode of review of a finding of breach of interdict, the sheriff having found the appellant to be in breach of interim interdict and the sheriff principal having dismissed an appeal to him as incompetent, the court, agreeing with the observations in Maciver v Maciver and overruling Forbes v Forbes, held that the appeal was competent: both before and after the Sheriff Courts (Scotland) Act 1907 there was ample authority for the proposition that a finding of contempt or a breach of interdict by a party to the cause was appealable in the normal way.

Category: