Explanatory Notes

Courts Reform (Scotland) Act 2014

2014 asp 18

10 November 2014

The Act

Part 5 – Civil Appeals

Appeals to the Court of Session

Section 116 – Effect of appeal

214.Section 116 is intended to restate section 29 of the Sheriff Courts (Scotland) Act 1907 and makes provision about the effect of an appeal to either the Sheriff Appeal Court or the Court of Session. It provides that the court considering an appeal will be able to review all of the decisions in the proceedings, whether the decisions are made at first instance or on appeal (subsection (2)), and that the appeal may be insisted upon by any party to the appeal, regardless of whether that party was the one who originally brought the appeal (subsection (3)).