The Rules of the Scottish Land Court Order 2014

EXPLANATORY NOTE

(This note is not part of the Order)

These Rules govern the practice and procedure to be followed in the Scottish Land Court with effect from 22nd September 2014. They replace the previous Rules which are revoked.

Rule 1 sets out the overriding purpose of the rules.

Rule 2 contains interpretation provisions.

Rules 3 to 13 make general provision regarding the making of applications and their acceptance by the court, the amendment, clarification and further specification of matters referred to in applications, the conjoining of applications and the appointment of a curator ad litem to a party in a case or a solicitor or advocate to assist the court.

Rules 14 and 15 deal with answers or responses and with the adjustment of pleadings.

Rules 16 and 17 provide for the making of procedural orders in specific cases.

Rule 18 deals with the delegation of cases to a divisional court.

Rules 19 to 46 make provision about miscellaneous matters relating to hearings and the taking of evidence, including the fixing of dates, preparation and lodging of material in advance of a proof, witnesses and witness statements, appointment of commissioners, reporters and assessors, and inspection of land or buildings by the court.

Rule 47 provides for the court to determine a case without a hearing.

Rule 48 provides for the court itself to obtain information relevant to a case if it thinks fit.

Rules 49 to 51 provide for the exhibition or borrowing of the process of an application and for the retention or return of documents after a case is finished.

Rules 52 and 53 deal with sisting of cases and inactive cases.

Rules 54 to 57 provide for a party to be restored to a case and for orders to be recalled in certain circumstances.

Rules 58 to 63 make provision regarding appeals to the court from the decisions of other bodies, such as the Crofting Commission.

Rules 64 to 73 make provision regarding appeals from decisions of a divisional court.

Rules 74 to 81 provide for the re-hearing of a case in whole or part in specified circumstances.

Rules 82 to 87 make provision regarding appeals from the court to the Court of Session.

Rules 88 to 95 deal with expenses, including the expenses of party litigants and charges for skilled persons.

Rules 96 to 99 deal with the taxation of accounts of expenses by the auditor of court.

Rules 100 and 101 deal with rights of audience and the duties of representatives.

Rules 102 to 116 deal with general matters including payment of fees, lodging of documents by electronic communication, the provision of copies, intimation, the signing and authentication of orders, non-compliance with orders and the calculation of time limits.

Rule 117 contains transitional provisions and rule 118 provides for citation.