Rule 8.1 Application to refuse appeal due to delayF1I1
Scotland
(1)
Any party may apply to the procedural Appeal Sheriff to refuse the appeal if the conditions in paragraph (2) are met.
(2)
The conditions are that—
(a)
there has been an inordinate and inexcusable delay by another party or another party’s solicitor; and
(b)
unfairness has resulted from that delay.
(3)
An application is to be made by motion.
(4)
That motion must specify the grounds on which refusal of the appeal is sought.
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 8.1 in force at 1.1.2016, see rule 1.1(2)