Part 13: The decision
Scotland
| 13.1 | What is this Part about? | |
|---|---|---|
| (1) | This Part is about the decisions which the sheriff can make to resolve a dispute. | |
| (2) | This Part is also about the circumstances in which a party can apply to have a decision recalled. | |
| 13.2 | When must the sheriff make the decision? | |
| (1) | At the end of the hearing, the sheriff may either make a decision there and then, or may take time to consider before making a decision. | |
| (2) | If the sheriff takes time to consider a decision, the decision must be made within 4 weeks from the date of the hearing. | |
| 13.3 | How will the sheriff make the decision? | |
| (1) | If the sheriff makes a decision there and then, the sheriff must explain the reasons for that decision to the parties in person. | |
| (2) | If the sheriff takes time to consider a decision, the sheriff must prepare a note of the reasons for the decision, and the sheriff clerk must send that note to the parties. | |
| (3) | In every case, the sheriff must set out the decision in the case in a Decision Form. | |
| (4) | The sheriff may correct any errors in a Decision Form F1.... | |
| F2(5) | The party in possession of a Decision Form which is to be corrected must return that original Decision Form to the court before the corrected Decision Form is sent to that party. | |
| (6) | The Decision Form must be sent to all parties to the action. | |
| 13.4 | What sort of decisions can the sheriff make? | |
| (1) | The sheriff may make any decision which resolves the dispute between the parties, including a decision which: | |
| (a) | orders the respondent to pay the claimant a sum of money, | |
| (b) | orders the respondent to deliver something to the claimant, | |
| (c) | orders the respondent to do something for the claimant, | |
| (d) | dismisses the claim (or part of the claim) made by the claimant, | |
| (e) | absolves the respondent of the claim (or part of the claim) made by the claimant. | |
| (2) | A decision which absolves the respondent in a claim means that the claimant cannot make a claim about the same subject against the respondent again. | |
| Recalling a decision | ||
| 13.5 | When can a decision of the sheriff be recalled? | |
| F3(1) | A party may apply to have a decision of the sheriff recalled where the sheriff either dismissed a claim in that party’s absence or made a decision in that party’s absence. | |
| (2) | If the sheriff dismissed the claim, a party may only apply for recall within 2 weeks of the claim being dismissed. | |
| (3) | If the sheriff made a decision (other than dismissal) in the case, a party may apply for recall at any time before the decision of the sheriff has been fully implemented. | |
| F4(4) | A party may only apply to have a decision of the sheriff recalled in a case once. | |
| F513.6 | How can a party apply to have a decision of the sheriff recalled? | |
| (1) | A party may apply to have a decision of the sheriff recalled by completing an Application to Recall and sending it to the court. | |
| (2) | If the sheriff made a decision following an Application for a Decision and the respondent wants to dispute the claim or part of the claim, the respondent must include a completed Response Form with the Application to Recall. | |
| (3) | The sheriff clerk will check whether the Application to Recall is the first Application to Recall in the case by the party making the application. | |
| (4) | If it is the first Application to Recall by that party, the sheriff must send the parties an order arranging a discussion in court at which the sheriff will consider whether to recall the decision. | |
| (5) | The party making the application must send a copy of the Application to Recall and any Response Form to the other party at least 5 days before the date of the discussion in court. | |
| 13.7 | What happens when a sheriff decides to recall a decision? | |
| (1) | If the sheriff recalls a decision then the sheriff must give each party orders setting out the next steps they are to take to allow the dispute to be resolved. | |
Annotations
Textual amendments
- F1
Words in sch. 1 rule 13.3(4) omitted (31.5.2023) by virtue of Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2022 (S.S.I. 2022/211), paras. 1(2), 2(2)(v) (with para. 3)
- F2
Sch. 1 rules 13.3(5)(6) inserted (31.5.2023) by Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2022 (S.S.I. 2022/211), paras. 1(2), 2(2)(w) (with para. 3)
- F3
Sch. 1 rule 13.5(1) substituted (31.5.2023) by Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2022 (S.S.I. 2022/211), paras. 1(2), 2(2)(x) (with para. 3)
- F4
Sch. 1 rule 13.5(4) inserted (15.6.2017) by Act of Sederunt (Sheriff Court Rules Amendment) (Miscellaneous) 2017 (S.S.I. 2017/154), paras. 1(2), 2(2)(d) (with para. 4)
- F5
Sch. 1 rule 13.6 substituted (30.7.2018) by Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2018 (S.S.I. 2018/191), paras. 1(2), 2(2)(l) (with para. 3)
Notes on Schedule 1
Modifications
- C1
Sch. 1 modified (temp.) (1.12.2020) by Act of Sederunt (Simple Procedure Amendment) (Civil Online) 2020 (S.S.I. 2020/293), paras. 1(2), 2(3) (with para. 1(3))