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Administration of Justice (Scotland) Act 1972

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2Appeal to House of Lords from interlocutor of Court of Session on motion for new trial.

(1)An appeal shall lie to the House of Lords without the leave of the Court of Session from an interlocutor of that Court on a motion for a new trial in terms of section 6 of the Jury Trials (Scotland) Act 1815; and accordingly, the following enactments are hereby repealed—

(a)in the said section 6, the words from " Provided also " onwards;

(b)in section 17 of the Jury Trials (Scotland) Act 1819, the words from " Provided nevertheless " onwards.

(2)In an appeal under this section, the House of Lords shall have the same powers as are exercisable by the Court of Session on such a motion as aforesaid, and in particular shall have the same power—

(a)under the said section 6, to grant a new trial which shall be restricted to the question of the amount of damages only;

(b)under section 2 of the Jury Trials Amendment (Scotland) Act 1910, in place of granting a new trial, to enter judgment for the party unsuccessful at the trial.

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