Act of Sederunt (Sheriff Appeal Court Rules) 2015

Determination of application to refuse appeal due to delay

8.2.—(1) The procedural Appeal Sheriff may refuse the appeal if the procedural Appeal Sheriff considers that—

(a)there has been an inordinate and inexcusable delay on the part of any party or any party’s solicitor; and

(b)such delay results in unfairness specific to the factual circumstances, including the procedural circumstances, of the appeal.

(2) The procedural Appeal Sheriff must take into account the procedural consequences of allowing the appeal to proceed for—

(a)the parties to the appeal;

(b)the efficient disposal of business in the Court.