Courts Reform (Scotland) Act 2014

70 Restrictions on granting a new trial

(1) Subsection (2) applies where—

(a) an application is made under section 69(1) on the ground of undue admission of evidence, and

(b) the Sheriff Appeal Court is of the opinion that exclusion of the evidence in question could not have led to a different verdict from the one actually returned.

(2) The Court must refuse to grant a new trial.

(3) Subsection (4) applies where—

(a) an application is made under section 69(1) on the ground of undue rejection of documentary evidence, and

(b) the Sheriff Appeal Court is of the opinion that the documents in question would not have affected the jury’s verdict.

(4) The Court must refuse to grant a new trial.

(5) Subsection (6) applies where—

(a) an application is made under section 69(1), and

(b) the Sheriff Appeal Court is of the opinion that—

(i) the only ground for granting a new trial is that damages awarded are excessive or inadequate, and

(ii) a new trial is essential to the justice of the case.

(6) The Court may grant a new trial restricted to the question of the amount of damages only.

(7) On an application under section 69(1), where the Sheriff Appeal Court is constituted by more than one Appeal Sheriff—

(a) the Court may not grant a new trial except in conformity with the opinion of a majority of the Appeal Sheriffs hearing the application, and

(b) in the case of equal division, the Court must refuse to grant a new trial.