It’s not every day that an allotment dispute ends up before the Sheriff Principal.

A recent Dundee case, reported by The Courier and Evening Telegraph, concerned a dispute between an allotment tenant and the group responsible for the site. The tenant sought £5,000 in damages and reinstatement to his plot, making a number of allegations about the circumstances in which his tenancy had been brought to an end.

His original claim was rejected by a sheriff and, following an appeal, that decision has now been upheld.

While some of the circumstances reported in the press were certainly unusual, the case highlights a much more familiar point for anyone involved in a legal dispute: allegations alone are not enough. The evidence available to the court matters.

What happened?

According to the published judgment and subsequent press reports, the dispute arose following incidents at a Dundee allotment in May 2025.

The tenant’s right to a plot was subsequently removed, with the allotment group maintaining that he had breached the terms of his tenancy.

The tenant challenged that decision and raised court proceedings. Among other things, he alleged that the group had failed to properly investigate claims of harassment, including sexual harassment and racial abuse.

He sought a number of remedies, including access to his plot, reinstatement as a tenant, an apology and £5,000 in damages.

The initial action was unsuccessful, and the tenant appealed.

The importance of evidence

One particularly interesting aspect of the case was the role played by evidence.

The court heard evidence from a police officer who had attended the allotment, which was not challenged.

The appellant had also recorded video footage during the incident which he maintained supported his version of events.

However, Sheriff Principal Gillian Wade KC reached a different conclusion.

In refusing the appeal, she noted that the video did not demonstrate the sexual or racial abuse alleged by the appellant. Instead, she found that it went “some considerable way” towards supporting the position advanced by the respondent.

It’s a useful reminder that evidence produced in support of a case doesn’t necessarily have the effect the person presenting it expects.

An appeal isn’t simply a second attempt at the same case

The outcome also illustrates an important point about appeals.

An appeal is not generally an opportunity to start again simply because one party disagrees with the original decision. There needs to be a proper basis upon which the appeal court can interfere with that decision.

In this case, the Sheriff Principal found no error which justified doing so. The appeal was refused and expenses were awarded to the respondent.

For individuals, businesses, landlords, tenants and organisations involved in disputes, that distinction can be important when deciding whether an appeal is appropriate and proportionate.

Looking beyond the headline

The more unusual details of this particular dispute understandably attracted newspaper attention.

For solicitors, however, the underlying issues are much more familiar: competing accounts of events, contractual rights and responsibilities, allegations of wrongdoing, and the evidence available to establish what actually happened.

Whatever the subject of a dispute whether it concerns an allotment, a commercial agreement, a property or something considerably more complex obtaining advice at an early stage can help establish the strength of your position and the options available to you.

MML Law has experience advising and representing clients across a wide range of disputes and court proceedings. If you require advice about a dispute or potential court action, get in touch with our team to discuss how we can help.