The Rules of the Scottish Land Court Order 2014

Requirement that a case be stated

83.—(1) If a party to a case intends, in terms of the provisions of section 1(7) of the Act, to require that a special case be stated on a question of law for the opinion of the Court of Session, that party must (1)notify the Principal Clerk in writing, within 4 weeks after intimation to the party of a decision in respect of which the question arises, that the party does so require.

(2) Unless the decision was a final decision—

(a) the notification must show why it is appropriate, in the interests of a just and fair disposal, that a special case be presented at the stage the proceedings have reached; and

(b) the Chairman may determine that, in the interests of such a disposal, the fulfilment of the requirement is to be deferred until such further procedures as the Chairman may specify (which, without prejudice to the generality of this sub-paragraph, may include the hearing of all or any part of the case by the court) have taken place.

(3) The Chairman may invite submissions, written or oral, before making such a determination.