Rule 3.2 Sanctions where a party is in defaultF1 I1

Scotland

(1)

~~This rule—~~

(a)

~~applies where a party is in default; but~~

(b)

~~does not apply where a party is in default because the party has failed to comply with rule 17.4(1) (peremptory hearing).~~

(2)

~~The procedural Appeal Sheriff may make any order to secure the expeditious disposal of the appeal.~~

(3)

~~In particular, the procedural Appeal Sheriff may—~~

(a)

~~refuse the appeal, where the party in default is the appellant;~~

(b)

~~allow the appeal, if the condition in paragraph (4) is satisfied, where—~~

(i)

~~the party in default is the sole respondent; or~~

(ii)

~~every respondent is in default.~~

(4)

~~The condition is that the appellant must show cause why the appeal should be allowed.~~

Annotations

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)