Michael Upton has successfully opposed County Travel’s appeal to the Sheriff Appeal Court
Themis Member Michael Upton has successfully opposed County Travel’s appeal to the Sheriff Appeal Court. The appellant was a school-bus operator for Angus Council whose contracts were terminated by the education authority for persistent breaches of the agreements. The operator sued for damages. Part of its claim, for loss which assumed that an option would have been exercised in its favour, was dismissed after a debate, on the Lavarack principle. The balance of the claim went to proof last year, following which the Sheriff assoilzied Angus Council. Michael Upton represented the Council throughout. The operator’s appeal against the proof judgment was refused on 9 January.