Section 113 – Appeal from the Sheriff Appeal Court to the Court of Session
203.Section 113 provides for an appeal to the Court of Session from a final judgment of the Sheriff Appeal Court, subject to a requirement to obtain permission, in the first instance from the Sheriff Appeal Court and, if refused, then from the Court of Session (subsection (1)). “Final judgment” is defined in section 136(1). This further right of appeal from a first instance decision is subject to the test set out in subsection (2). That subsection provides that permission to appeal may only be granted if the appeal would raise an important point of principle or practice, or there is some other compelling reason for the Court of Session to hear the appeal (in other words, the “second appeals test” discussed in the context of section 89). Subsections (3) and (4) restate section 28(2) of the Sheriff Courts (Scotland) Act 1907 to preserve any specific provision regarding appeals from the Sheriff Appeal Court to the Court of Session that may be contained in other enactments.
