Rule 10.1 Application to abandon appealI1

Scotland

(1)

An appellant may apply to the Court to abandon an appeal by lodging a minute of abandonment.

(2)

The appellant must, at the same time as lodging a minute of abandonment, apply by motion to abandon in terms of the minute of abandonment.

(3)

Where all of the parties consent to the abandonment of the appeal, the Court must refuse the appeal.

(4)

Where the other parties do not consent to the abandonment of the appeal, the Court may either—

(a)

refuse the application; or

(b)

grant the application and refuse the appeal.

(5)

If the Court refuses an appeal under this rule, it may make an order as to the expenses of the appeal.

(6)

If the Court refuses an application, it may make an order as to the expenses of the application.

Annotations