OpenLegislation

Rule 2.1 Relief for failure to comply with rulesF1I1

Scotland

(1)

The Court may relieve a party from the consequences of a failure to comply with a provision in these Rules.

(2)

The Court may do so only where the party shows that the failure is due to—

(a)

mistake;

(b)

oversight; or

(c)

any other excusable cause.

(3)

Where relief is granted, the Court may—

(a)

impose conditions that must be satisfied before relief is granted;

(b)

make an order to enable the appeal to proceed as if the failure had not occurred.

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 2.1 in force at 1.1.2016, see rule 1.1(2)