Chapter 3 - Remit of cases between courts
Section 92 – Remit of cases to the Court of Session
159.Subsections (1) and (2) permit a sheriff to remit a case (to which the exclusive competence of the sheriff court under section 39 does not apply i.e. if the £100,000 limit does not apply) to the Court of Session if the sheriff considers that the importance or difficulty of the case makes it appropriate. This restates section 37(1)(b) of the Sheriff Court (Scotland) Act 1971.
160.The recommendation that the Court of Session should be able to decline the remit of a case below the exclusive competence (where section 39 does apply) is given effect to in subsections (3) and (4) which permit the sheriff to request the Court of Session to allow proceedings to which section 39 does apply to be remitted to that Court if the importance or difficulty of the proceedings makes it appropriate to do so. Under subsection (5), the Court of Session may permit the proceedings to be remitted “on cause shown”.
161.In the particular case of proceedings against the Crown in the sheriff court, section 44 of the Crown Proceedings Act 1947 continues to have effect.
Section 93 – Remit of cases from the Court of Session
162.The Scottish Civil Courts Review also recommended that where the value of an action raised in the Court of Session is likely to be below the exclusive competence limit, as assessed by the judge at a case management hearing, there should be a presumption in favour of a remit to the sheriff court. Section 93 implements these recommendations.
163.Subsections (1) and (2) set out that proceedings must be remitted to the sheriff court (unless “on cause shown” there are reasons for not so doing), if at any stage the court is of the view that the value of the order is likely to be below the value set for the time being in section 39(1)(b)(ii). Subsection (1)(c) sets out that these provisions would apply to the aggregate total value of all orders likely to be granted in the proceedings below the value set for the time being in section 39(1)(b)(ii). Under subsection (3), the Court will not have to reach any view on liability or contributory negligence and “likely value” is to be assessed on the assumption that liability will be established. Subsections (4) and (5) give a permissive power to the Court to remit cases to which the monetary rule does not apply (i.e. non-monetary cases).
Section 94 – Remit of cases to the Scottish Land Court
164.Section 94 reproduces section 37(2D) of the Sheriff Court (Scotland) Act 1971 to permit a case to be remitted by the sheriff to the Scottish Land Court in appropriate cases. There is no appeal to the Sheriff Appeal Court against a decision to remit or not to remit.
