Rule 9.2 Determination of application to refuse appeal due to delayI1

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—

(i)

any party;

(ii)

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