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Act of Sederunt (Simple Procedure) 2016

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PART 16: How to appeal a decision

16.1What is this Part about?
(1)This Part is about how a party can appeal a decision and how the sheriff and Sheriff Appeal Court will deal with an appeal.
16.2How do you appeal a decision?
(1)A party may appeal a decision within 4 weeks from the Decision Form being sent.
(2)A party may appeal a decision by sending a completed Appeal Form to the sheriff court.
(3)That party must at the same time send a copy of the completed Appeal Form to the other party.
(4)The Appeal Form must set out the legal points which the party making the appeal wants the Sheriff Appeal Court to answer.
(5)A party may not appeal a decision if that party can apply to have that decision recalled (see Part 13).
16.3What will the sheriff do with an appeal?
(1)The sheriff must prepare a draft Appeal Report within 4 weeks of the court receiving an Appeal Form.
(2)The draft Appeal Report must set out the factual and legal basis for the decision which the sheriff came to.
(3)The draft Appeal Report must set out legal questions for the Sheriff Appeal Court to answer.
(4)The sheriff clerk must send the draft Appeal Report to all parties.
(5)All parties may, within 2 weeks of the draft Appeal Report being sent to them, send the sheriff a note of any other legal points they wish the Sheriff Appeal Court to answer and any factual points in the draft Appeal Report they disagree with.
(6)The sheriff may order a discussion in court to consider whether amendments should be made to the Appeal Report.
(7)The sheriff may then amend the Appeal Report.
(8)The sheriff must then sign the Appeal Report.
(9)The sheriff clerk must send a copy of the signed Appeal Report to each party.
(10)The sheriff clerk must transmit the following to the Clerk of the Sheriff Appeal Court:
(a)the note of the reasons for the sheriff’s decision (if one was prepared),
(b)a copy of the Decision Form,
(c)all written orders,
(d)the signed Appeal Report, and
(e)any note sent to the court by a party.
16.4What will the Sheriff Appeal Court do with an appeal?
(1)The Clerk of the Sheriff Appeal Court must, within 2 weeks of receiving the signed Appeal Report, arrange an appeal hearing and send all parties notice of where and when the appeal hearing is to be held.
(2)Unless the Sheriff Appeal Court orders otherwise, an appeal hearing must be before one Appeal Sheriff.
(3)At the end of the appeal hearing, the Sheriff Appeal Court may either make a decision there and then, or may take time to consider the decision.
(4)If the Sheriff Appeal Court takes time to consider the decision, the decision must be made within 4 weeks from the date of the appeal hearing.
(5)If the Sheriff Appeal Court makes a decision there and then, it must explain the reasons for that decision to the parties in person.
(6)If the Sheriff Appeal Court takes time to consider a decision, the court must prepare a note of the reasons for the decision, and the Clerk of the Sheriff Appeal Court must send that note to the parties.
(7)The Sheriff Appeal Court may alter the decision which the sheriff made by either amending the Decision Form or issuing a new Decision Form.

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