Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and beginning April 20th, 2021 (Eastern Time) the Yahoo Answers website will be in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.
Trending News
civil law : effect of appeal on earlier findings in fact and law when a case is remitted?
I appealed in a civil case in Scotland (UK) in November 2013. I won and the case was remitted to another Sheriff in the lower court. I wish to know what effect the appeal had on the "findings in fact/ findings in fact and law" made by the first Sheriff.
My appeal was against the first Sheriff's conclusion, his "finding in law." I did not dispute his basic "findings in fact" or his "findings in fact and law" (intermediate inferences). One of these findings related to a contentious issue, and was in my favour.
The 2nd Sheriff has made an intermediate decision which ignored the 1st Sheriff's finding in my favour on the contentious issue. She stated that she did not consider herself bound by the earlier judgement. She has has heard new evidence relating to the contentious issue, but has not stated any new conclusion about it.
Was the 2nd Sheriff right to ignore the findings of the 1st Sheriff? My view is that they are at least persuasive (perhaps even binding) unless and until the 2nd Sheriff made contrary findings.
I also wish to know what legal precedents there are relating to this issue.
1 Answer
- MaxiLv 77 years ago
You need to ask your solicitor who knows the facts of your case and can explain to you