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The grounds of appeal have to be drafted with a degree of precision in order that the sheriff can fulfil his or her function.
The authorities recognise the distinctly emotive issues that arise when grounds of referral have been established and the difficulty which parents have in accepting such a finding. This is referred to in the case of R v Grant being an appeal from the Sheriff Principal to the Inner House of the Court of Session (2000 SLT 372).
In that case the ground on which the sheriff was asked to state a case related to the whole facts of the case.
The court in that case emphasised the need for precision in raising legal issues on appeal. The practice of framing general questions based on the whole facts of the case is commented on adversely. Their Lordships emphasised the necessity that the legal issue or issues be identified in order that the sheriff can deal with the point, if it was raised, before him and give his reasons.
Rule 35.59(9) states that: parties to an appeal "shall not be allowed to raise questions of law of which notice has not been given except on cause shown" and subject to such conditions as I may consider appropriate.
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