Rule 9.1 Application to refuse appeal due to delayI1

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—

(i)

another party;

(ii)

another party’s solicitor, lay representative or other agent; 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