http://www.legislation.gov.uk/ssi/2015/356/article/6.6/made
Act of Sederunt (Sheriff Appeal Court Rules) 2015
en
King's Printer for Scotland
2018-11-02
SHERIFF APPEAL COURT
This Act of Sederunt (“the Rules”) makes provision about the procedure to be followed in appeals to the Sheriff Appeal Court in civil proceedings. Appeals may be made from a decision of the sheriff under section 110 of the Courts Reform (Scotland) Act 2014 (“the 2014 Act”) or under existing appeal provisions as modified by section 109. Additionally, applications for a new trial (section 69(1)) or to enter a jury verdict (section 71(2)) may be made to the Sheriff Appeal Court following a jury trial in the sheriff court. The Rules also make provision about appeals from summary causes and small claims under section 38 of the Sheriff Courts (Scotland) Act 1971.
Act of Sederunt (Sheriff Appeal Court Rules) 2015
rule 6.2(2)(ba)
Act of Sederunt (Sheriff Appeal Court Rules 2015 and Sheriff Court Rules Amendment) (Miscellaneous) 2016
para. 7(2)(a)
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
rule 6.7(2A)
(2B)
Act of Sederunt (Sheriff Appeal Court Rules 2015 and Sheriff Court Rules Amendment) (Miscellaneous) 2016
para. 7(3)(b)
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Ch. 29 heading
Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016
para. 6(2)(a)
para. 8(c)
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
rule 29.1(1)(b)
Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016
para. 6(2)(b)
para. 8(c)
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Ch. 6
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 3(3)
para. 20
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Ch. 6
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 4(2)(b)
para. 20
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Ch. 29
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 12(3)(a)(iv)
para. 20
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Ch. 6
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 13(2)
para. 20
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Ch. 6
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 14(3)
para. 20
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Ch. 6
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 15(3)
para. 20
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Ch. 6
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 16(2)(b)
para. 20
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
rule 6.1(e)(f)
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 19(3)
para. 20
para. 1(3)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
rule 19.2A
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 19(7)
para. 20
para. 1(3)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
rule 27.3(1A)
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 19(9)
para. 20
para. 1(3)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Sch. 1
para. 3(5A)
(5B)
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 19(13)(a)(i)
para. 20
para. 1(3)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Sch. 1
para. 5(7)
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 19(13)(b)
para. 20
para. 1(3)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Sch. 2
Form 6.2
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 19(14)(a)
para. 20
para. 1(3)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Sch. 2
Form 7.3
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 19(14)(b)(i)
para. 20
para. 1(3)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Sch. 2
Form 7.3
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 19(14)(b)(ii)
para. 20
para. 1(3)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Sch. 2
Form 13.1
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Sheriff Appeal Court) 2015
para. 19(14)(c)
para. 20
para. 1(3)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
rule 4.4(2A)
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Lay Representation) 2017
para. 3(3)(c)
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
sch. 2
Form 4.3
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Lay Representation) 2017
para. 3(4)
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Ch. 19A
Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Qualified One-Way Costs Shifting) 2021
para. 4(2)
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
rule 6.1(da)
Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules 1999 and Sheriff Appeal Court Rules Amendment) (Age of Criminal Responsibility (Scotland) Act 2019) 2021
para. 3(2)
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Pt. 15
Ch. 31
Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules 1999 and Sheriff Appeal Court Rules Amendment) (Age of Criminal Responsibility (Scotland) Act 2019) 2021
para. 3(3)
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
sch. 1
para. 1(3)(ha)
Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules 1999 and Sheriff Appeal Court Rules Amendment) (Age of Criminal Responsibility (Scotland) Act 2019) 2021
para. 3(4)
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
Instrument
Act of Sederunt (Sheriff Appeal Court Rules) 2021
rule 34.1
rules 1.2
34.3
rule 1.1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
rule 19.2A
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Ordinary Cause Rules Amendment) (Taxation of Judicial Expenses) 2019
para. 5(2)
para. 2
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
rule 19.4
19.4A
19.5
Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Ordinary Cause Rules Amendment) (Taxation of Judicial Expenses) 2019
para. 5(4)
para. 2
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
rule 26.1A
Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Miscellaneous) 2023
para. 4(2)
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
rule 6.1(da)
Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Appeal Court Rules Amendment) (Miscellaneous) 2022
para 4(2)
para. 1(2)
Act of Sederunt (Sheriff Appeal Court Rules) 2015
rule 31.1
Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Appeal Court Rules Amendment) (Miscellaneous) 2022
para 4(2)
para. 1(2)
PART 3INITIATION AND PROGRESS OF AN APPEAL
CHAPTER 6INITIATION OF AN APPEAL
Initial case management of appeals6.6
1
When the procedural Appeal Sheriff makes an order for intimation and answers in accordance with rule 6.5(1), the procedural Appeal Sheriff must also make a provisional procedural order.
2
The provisional procedural order must provisionally appoint the appeal to—
a
the standard appeal procedure (see Chapter 7); or
b
the accelerated appeal procedure (see Chapter 27).
3
When considering which procedure is appropriate for the appeal, the procedural Appeal Sheriff must take into account—
a
the importance of the appeal;
b
the complexity of the appeal;
c
the novelty of the points of law raised by the appeal; and
d
the presumption in paragraph (4).
4
The following categories of appeal are presumed to be appropriate for the accelerated appeal procedure—
a
appeals against a decision of the sheriff to grant decree by default;
b
appeals against a decision of the sheriff to refuse a reponing note.
5
A provisional procedural order under this rule is to be intimated at the same time and in the same manner as the order for intimation and answers made in accordance with rule 6.5.