David Anderson

Double appeal success for Westwater Advocates’ David Anderson


Westwater Advocates’ David Anderson has demonstrated his versatility by netting a brace of successes in two very different Sheriff Appeal Court cases.

In Marshall v. Berkshire Hathaway [2024] SAC (Civ) 13 David appeared for the respondent pursuer who successfully opposed an appeal by an insurance company against a sheriff’s decision to make an award of solatium. The appellant had argued that without expert medical evidence, the sheriff could not find that causation of loss was established.  The case provides useful guidance on how the sheriff court is entitled to handle cases involving uncomplicated injury.


 In Boyle v. Denton [2024] SAC (Civ) 20 David acted for the appellant who successfully appealed against a sheriff’s decision to grant a welfare guardianship under the Adults  with Incapacity (Scotland) Act 2000.  The appeal was sustained on the basis that there were disputed matters of material fact which required the fixing of a proof.  In the judgment the Sheriff Appeal Court discusses that important question of summary application procedure, as well as offering views on a number of other matters relevant to cases of this nature.


David is an expert in housing and local government law and also deals with property, succession, commercial, and other matters.