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Courts Reform (Scotland) Act 2014

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This is the original version (as it was originally enacted).

71Verdict subject to opinion of the Sheriff Appeal Court
This section has no associated Explanatory Notes

(1)This section applies in relation to any jury proceedings in which the sheriff has directed the jury on any matter.

(2)A party against whom the verdict of the jury is returned may apply to the Sheriff Appeal Court for the verdict instead to be entered in the party’s favour.

(3)On an application under subsection (2), the Court may—

(a)set aside the verdict and exercise either of the powers in subsections (4) and (6), or

(b)refuse the application.

(4)Where the Court is of the opinion—

(a)that the sheriff’s direction was erroneous, and

(b)that the party making the application was entitled to the verdict in whole or in part,

it may direct the verdict to be entered in that party’s favour.

(5)The Court may direct the verdict to be so entered—

(a)either in whole or in part, and

(b)either absolutely or on such terms as the Court thinks fit.

(6)Where the Court is of the opinion that it is necessary to do so, it may order the proceedings to be tried by another jury.

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