OpenLegislation

Rule 8.2 Determination of application to refuse appeal due to delayF1I1

Scotland

(1)

The procedural Appeal Sheriff may refuse the appeal if the procedural Appeal Sheriff considers that—

(a)

there has been an inordinate and inexcusable delay on the part of any party or any party’s solicitor; and

(b)

such delay results in unfairness specific to the factual circumstances, including the procedural circumstances, of the appeal.

(2)

The procedural Appeal Sheriff must take into account the procedural consequences of allowing the appeal to proceed for—

(a)

the parties to the appeal;

(b)

the efficient disposal of business in the Court.

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