PART 3

INITIATION AND PROGRESS OF AN APPEAL
CHAPTER 6

INITIATION AND PROGRESS OF AN APPEAL

Initial case management of appeals
6.11
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.
Para. 6.11 in force at 6.1.2022, see para. 1.1(2)