The Rules of the Scottish Land Court Order 2014

1. Introductory Text

2. 1. Citation and commencement

3. 2. Rules

4. Signature

5. 1. SCHEDULE

      RULES OF THE SCOTTISH LAND COURT 2014

      1. The rules generally

         1. 1. Purpose of the rules etc.

      2. Interpretation

         1. 2. Interpretation

      3. Applications generally

         1. 3. Making an application: general

         2. 4. Content of application

         3. 5. Abandonment or withdrawal

         4. 6. Further procedure in application

         5. 7. Inadequate or defective applications

         6. 8. Call for clarification

         7. 9. Call for specification of legal principles etc. upon which party relies

         8. 10. Amendment of application

         9. 11. Conjunction etc. of applications

         10. 12. Appointment of curator ad litem

         11. 13. Appointment of advocate or solicitor to assist the court

      4. Answers etc. and adjustment of pleadings

         1. 14. Answers and other responses

         2. 15. Adjustment of pleadings

      5. Determinations, orders and directions as to procedure etc.

         1. 16. Determinations and orders as to procedure

         2. 17. Orders concerning preliminary or procedural points

      6. Delegation

         1. 18. Delegation

      7. Hearings

         1. 19. Fixing a hearing

         2. 20. Preparation for hearing by way of proof

         3. 21. Order for delivery of material relevant to a hearing

         4. 22. Intimating authorities and statutory provisions to be relied on and referred to at a hearing

         5. 23. Lodging material etc.

         6. 24. Late lodging

         7. 25. Copy documents

         8. 26. Expert witnesses

         9. 27. Public right to attend hearing

         10. 28. Responsibility for presentation of evidence

         11. 29. Non-appearance at a hearing

         12. 30. Objection to document or deed

         13. 31. Giving of oral evidence at hearing

         14. 32. Noting evidence

         15. 33. Lists of witnesses

         16. 34. Dispensing with attendance by witness

         17. 35. Further provision as regards witness statements

         18. 36. Interrogatories

         19. 37. Examination of witness who has not been called by any party

         20. 38. Evidence on commission

         21. 39. Remit to take evidence etc.

         22. 40. Remit to person specially qualified by skill and experience

         23. 41. Person specially qualified by skill and experience: acting as assessor

         24. 42. Person specially qualified: appointed as witness

         25. 43. Fees and expenses of commissioners, reporters and assessors

         26. 44. Consents and undertakings

         27. 45. Inspections

         28. 46. Buildings: entry without consent

      8. Determination of application without hearing

         1. 47. Determination of application without hearing

      9. Information obtained by the court

         1. 48. Information obtained by the court

      10. Documents and productions etc.

          1. 49. Exhibition of application and process in application etc.

          2. 50. Borrowing

          3. 51. Retention of documents etc. after issue of final order

      11. Sisted and inactive cases

          1. 52. Sisted cases

          2. 53. Inactive cases

      12. Restoration and recall

          1. 54. Restoration of a party

          2. 55. Recall for want of intimation

          3. 56. Recall of decree in absence

          4. 57. Recall for non-compliance with terms or conditions

      13. Appeals to the court

          1. 58. Appeals to the court

          2. 59. Consideration of basis for proceeding with appeal etc62.

          3. 60. Refusal after consideration

          4. 61. Dispensing with hearing of appeal

          5. 62. Outline of argument

          6. 63. Powers of court on appeal

      14. Internal appeals

          1. 64. Appeals from decisions of a divisional court

          2. 65. Consideration of basis for proceeding with appeal etc.

          3. 66. Refusal after consideration

          4. 67. Supplementary note

          5. 68. Dispensing with hearing of appeal

          6. 69. Outline of argument

          7. 70. Effect of appeal on previous orders in the case

          8. 71. Entitlement to insist in appeal abandoned by appellant

          9. 72. Appeal against order which is not final decision

          10. 73. Powers of court on appeal

      15. Re-hearing

          1. 74. Re-hearing

          2. 75. Note under rule 74(5)

          3. 76. Statement to accompany note under rule 74(5)

          4. 77. Powers of court in respect of motion for re-hearing

          5. 78. Powers of court on allowing re-hearing

          6. 79. Conduct of re-hearing

          7. 80. Powers of court conducting re-hearing

          8. 81. Conjunction of appeal and re-hearing

      16. Appeal to the Court of Session in certain proceedings

          1. 82. Appeal to the Court of Session in certain proceedings

      17. Special case

          1. 83. Requirement that a case be stated

          2. 84. Draft statement of case

          3. 85. Responses to draft statement of case

          4. 86. Finalisation of special case

          5. 87. Further provision as regards the opinion of the Court of Session on a question of law

      18. Expenses

          1. 88. Award of expenses

          2. 89. Employment of counsel

          3. 90. Fixing or modifying expenses

          4. 91. Expenses of representative who is not an advocate or solicitor

          5. 92. Expenses of party litigant

          6. 93. Charges for skilled persons

          7. 94. Expenses where certain applications heard together

          8. 95. Special direction

      19. Taxation of expenses

          1. 96. Taxation of expenses

          2. 97. Diet of taxation

          3. 98. Report on taxation and objections

          4. 99. Fees allowed at taxation

      20. Rights of audience, duties of representatives etc.

          1. 100. Rights of audience etc.

          2. 101. Party to be satisfied as to assertions in written pleadings

      21. General provisions

          1. 102. Postponement or adjournment

          2. 103. Language and special requirements

          3. 104. Fees

          4. 105. Lodging by electronic communication

          5. 106. Provision of copies

          6. 107. Intimation

          7. 108. Dispensing with intimation

          8. 109. Evidence of intimation

          9. 110. Insufficiency or irregularity in intimation

          10. 111. Orders etc. of the court

          11. 112. Payments into court

          12. 113. Time limits

          13. 114. Non-compliance with a rule or order

          14. 115. Extension of time and taking procedural step out of time

          15. 116. Calculation of time

      22. Transition and citation

          1. 117. Transitional provision

          2. 118. Citation

6. Explanatory Note