OpenLegislation

Rule 15.5 Minutes of sist and transferenceF1I1

Scotland

(1)

This rule applies where a party to an appeal (“P”) dies or comes under legal incapacity while the appeal is depending before the Court.

(2)

Any person who claims to represent P or P’s estate may apply to the Court by minute to be sisted as a party to the appeal.

(3)

If no person makes an application under paragraph (2), any other party may apply to the Court by minute to transfer the appeal in favour of or against (as the case may be) the person who represents P or P’s estate.

(4)

An application under paragraph (3) must be intimated to the person specified in the minute as representing P or P’s estate.

Annotations

Textual amendments

F1

Rules revoked (with saving in rule 34.3) (6.1.2022) by Act of Sederunt (Sheriff Appeal Court Rules) 2021 (S.S.I. 2021/468), rules 1.1(2), 34.1 (with rules 1.2, 34.3)

Commencement

I1

Rule 15.5 in force at 1.1.2016, see rule 1.1(2)