{
  "url": "https://openlegislation.uk/act-of-sederunt-simple-procedure-2016/schedule-1/part-13",
  "json_url": "https://openlegislation.uk/act-of-sederunt-simple-procedure-2016/schedule-1/part-13.json",
  "legislation": "ssi/2016/200",
  "legislation_title": "Act of Sederunt (Simple Procedure) 2016",
  "legislation_url": "https://openlegislation.uk/act-of-sederunt-simple-procedure-2016",
  "path": "schedule/1/part/13",
  "kind": "part",
  "number": "13: The decision",
  "heading": null,
  "text": "13.1\nWhat is this Part about?\n(1)\nThis Part is about the decisions which the sheriff can make to resolve a dispute.\n(2)\nThis Part is also about the circumstances in which a party can apply to have a decision recalled.\n13.2\nWhen must the sheriff make the decision?\n(1)\nAt 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.\n(2)\nIf the sheriff takes time to consider a decision, the decision must be made within 4 weeks from the date of the hearing.\n13.3\nHow will the sheriff make the decision?\n(1)\nIf the sheriff makes a decision there and then, the sheriff must explain the reasons for that decision to the parties in person.\n(2)\nIf 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.\n(3)\nIn every case, the sheriff must set out the decision in the case in a Decision Form.\n(4)\nThe sheriff may correct any errors in a Decision Form ....\n(5)\nThe 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.\n(6)\nThe Decision Form must be sent to all parties to the action.\n13.4\nWhat sort of decisions can the sheriff make?\n(1)\nThe sheriff may make any decision which resolves the dispute between the parties, including a decision which:\n(a)\norders the respondent to pay the claimant a sum of money,\n(b)\norders the respondent to deliver something to the claimant,\n(c)\norders the respondent to do something for the claimant,\n(d)\ndismisses the claim (or part of the claim) made by the claimant,\n(e)\nabsolves the respondent of the claim (or part of the claim) made by the claimant.\n(2)\nA decision which absolves the respondent in a claim means that the claimant cannot make a claim about the same subject against the respondent again.\nRecalling a decision\n13.5\nWhen can a decision of the sheriff be recalled?\n(1)\nA 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.\n(2)\nIf the sheriff dismissed the claim, a party may only apply for recall within 2 weeks of the claim being dismissed.\n(3)\nIf 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.\n(4)\nA party may only apply to have a decision of the sheriff recalled in a case once.\n13.6\nHow can a party apply to have a decision of the sheriff recalled?\n(1)\nA party may apply to have a decision of the sheriff recalled by completing an Application to Recall and sending it to the court.\n(2)\nIf 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.\n(3)\nThe sheriff clerk will check whether the Application to Recall is the first Application to Recall in the case by the party making the application.\n(4)\nIf 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.\n(5)\nThe 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.\n13.7\nWhat happens when a sheriff decides to recall a decision?\n(1)\nIf 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.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2016/200/schedule/1/part/13",
    "retrieved_at": "2026-10-28T21:23:36.581509+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}