PART 3INITIATION AND PROGRESS OF AN APPEAL

CHAPTER 6INITIATION AND PROGRESS OF AN APPEAL

Initial case management of appeals6.11.

(1)

This rule does not apply to an appeal that has been ordered for urgent disposal.

(2)

Subject to rule 6.8(4), on expiry of the period for lodging answers and any grounds of cross-appeal, the procedural Appeal Sheriff must appoint an appeal to—

(a)

Chapter 7 procedure; or

(b)

Chapter 8 procedure.

(3)

An appeal is to be appointed to such procedure as the procedural Appeal Sheriff considers proportionate for the disposal of the appeal, having regard to the following—

(a)

any representations made by the parties;

(b)

the value and importance of the claim;

(c)

the complexity of the issues of fact and law raised by the appeal or the cross appeal;

(d)

the presumption in paragraph (4).

(4)

Without prejudice to the generality of paragraph (3), the following are presumed to be appropriate for Chapter 8 procedure in the absence of special circumstances—

(a)

appeals from procedural decisions;

(b)

appeals against decisions—

(i)

granting decree by default;

(ii)

refusing a reponing note;

(iii)

granting interim or summary decree;

(iv)

sisting an action.

(5)

The Clerk must intimate an order under this rule to parties.