- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
4.—(1) Chapter 40 of those Rules shall be amended as follows.
(2) After rule 40.7 insert–
40.7A. On lodging an appeal print under rule 40.7(2)(a)(ii) in respect of an appeal marked against an interlocutor of an inferior court in a case where the interlocutor is not a final judgment, the appellant shall make application under rule 40.11(1)(a) for early disposal of the appeal.”.
(3) In rule 40.9(1) (appeals deemed abandoned), in sub-paragraph (b), at the end add–
“which, in a case where rule 40.7A is applicable, shall mean the requirements of rule 40.7(2) as read with rules 40.7A and 40.11(1)(a)”.
(4) In rule 40.11 (early disposal of appeal)–
(a)in paragraph (1)–
(i)after the words “an appeal” insert “(in the case of the appellant, whether or not by virtue of rule 40.7A)”; and
(ii)at the end of sub-paragraph (a) (but before the word “; or” which immediately follows that sub-paragraph) insert “, specifying in the motion whether he seeks disposal on the Summar Roll or in the Single Bills”; and
(b)for paragraphs (2) to (4) substitute–
“(2) The entry in the rolls in respect of the motion for early disposal shall be starred; and the parties shall, at the hearing of that motion, provide the Inner House with an assessment of the likely duration of the hearing to determine the appeal.
(3) At the hearing of the motion for early disposal, the Inner House may–
(a)appoint the cause to the Summar Roll for hearing; or
(b)direct that the cause be heard in the Single Bills,
and may make such order as to the lodging of grounds of appeal as it thinks fit.
(4) At any hearing of the appeal in the Single Bills, the Inner House may determine the appeal or make such other order as it thinks fit.”.
(5) In rule 40.17 (lodging of appendices), after paragraph (4) add–
“(5) In a case where early disposal is sought by virtue of rule 40.7A, the Inner House may, on the application by motion of the appellant, determine that paragraphs (1) to (4) shall not apply or shall apply subject to such modifications as it considers appropriate.”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include: