The Rules of the Scottish Land Court Order 2014

Appeals from decisions of a divisional court

64.—(1) This rule and rules 65 to 73 apply where the determination of a case has been delegated under the provisions of paragraph 6(1) of Schedule 1 of the Act.

(2) Subject to paragraph (4), appeal is to be by way of a written statement of grounds of appeal lodged with the Principal Clerk within 4 weeks after the date of intimation of the order or determination appealed against. (3)

(3) A party may, within 4 weeks after the date of intimation of an order or determination, apply to the court for leave to defer presentation of an appeal against that order or determination until a later stage of the case.

(4) Where an application has been made in terms of paragraph (3), the court may allow intimation of the statement of grounds of appeal to be deferred to a date no later than 4 weeks after the issue of the final order in the case.

(5) A party lodging a statement of grounds of appeal must include in it a statement as to whether a supplementary note is sought under rule 67.

(6) On receiving a statement of grounds of appeal the Principal Clerk is to intimate the appeal to each party to the proceedings before the divisional court; but any of them intending to oppose the appeal is not required to lodge a note of opposition or answers unless and until ordered to do so. (6)

(7) The court may order the inclusion of a person as a party to the appeal even if that person was not a party to the proceedings before the divisional court.

(8) The appellant may at any time apply to the court for leave to amend the statement of grounds of appeal.

(9) The court may at any time determine that procedure in the appeal be sisted to allow such further procedure before the divisional court as it may specify.