# Act of Sederunt (Sheriff Court Bankruptcy Rules) 2016, Rule 12.4: Peremptory hearing

Extent: S

(1) At a peremptory hearing, the party whose solicitor has withdrawn from acting must appear or be represented in order to state whether the party intends to proceed.
(2) Where the party fails to comply with paragraph (1), the sheriff may make an order mentioned in paragraph (3) only if the sheriff is satisfied that the order and notice in Form 12.3 have been intimated to that party.
(3) The orders are—
(a) if the party is the appellant, applicant or petitioner, an order refusing the appeal, application or petition; or
(b) if the party is the respondent and the condition in paragraph (4) is satisfied, an order allowing the appeal, application or petition.
(4) The condition is that the appellant, applicant or petitioner must show cause why the appeal, application or petition should be allowed.
(5) If the sheriff is not satisfied that the order and notice in Form 12.3 have been intimated to that party, the sheriff may make—
(a) an order fixing a further peremptory hearing;
(b) any other order that the sheriff considers appropriate to secure the expeditious disposal of the proceedings.

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Source: https://www.legislation.gov.uk/ssi/2016/313/rule/12.4 (the official version)
Page: https://openlegislation.uk/act-of-sederunt-sheriff-court-bankruptcy-rules-2016/rule-12.4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.