PART 5CIVIL APPEALS

Appeals to the Sheriff Appeal Court

110Appeal from a sheriff to the Sheriff Appeal Court

1

An appeal may be taken to the Sheriff Appeal Court, without the need for permission, against—

a

a decision of a sheriff constituting final judgment in civil proceedings, or

b

any decision of a sheriff in civil proceedings—

i

granting, refusing or recalling an interdict, whether interim or final,

ii

granting interim decree for payment of money other than a decree for expenses,

iii

making an order ad factum praestandum,

iv

sisting an action,

v

allowing, refusing or limiting the mode of proof, or

vi

refusing a reponing note.

2

An appeal may be taken to the Sheriff Appeal Court against any other decision of a sheriff in civil proceedings if the sheriff, on the sheriff's own initiative or on the application of any party to the proceedings, grants permission for the appeal.

3

In an appeal to the Sheriff Appeal Court, the Court may allow further proof.

4

This section does not affect any other right of appeal to the Sheriff Appeal Court under any other enactment.

5

This section does not affect any right of appeal against any decision of a sheriff to the Court of Session under any other enactment.

6

This section is subject to any provision of this or any other enactment that restricts or excludes a right of appeal from a sheriff to the Sheriff Appeal Court.