Act of Sederunt (Sheriff Appeal Court Rules) 2015

Urgent disposal: determination

7.5.—(1) Where an application for urgent disposal is opposed, it may only be disposed of after the procedural Appeal Sheriff has heard parties on it.

(2) Where a party makes representations objecting to urgent disposal in accordance with rule 7.4(5), the procedural Appeal Sheriff must hear parties before ordering urgent disposal.

(3) At a hearing under paragraph (1) or (2), the parties must provide the procedural Appeal Sheriff with an assessment of the likely duration of the hearing to determine the appeal.

(4) When ordering urgent disposal of an appeal, the procedural Appeal Sheriff must make an order specifying—

(a) the procedure to be followed in the appeal;

(b) the periods for complying with each procedural step.

(5) Accordingly, the following rules apply only to the extent that the procedural Appeal Sheriff specifies in the order made under paragraph (3)—

(a) rule 7.2 (timetable in appeal);

(b) rule 7.7 (questions about competency of appeal);

(c) rule 7.8 (questions about competency: determination);

(d) rule 7.9 (appeal print);

(e) rule 7.10 (appendices to the appeal print: contents);

(f) rule 7.11 (appendices to the appeal print considered unnecessary);

(g) rule 7.12 (notes of argument);

(h) rule 7.13 (estimates of duration of appeal hearing);

(i) rule 7.14 (procedural hearing).