# Act of Sederunt (Simple Procedure) 2016, Part 13: The decision

Extent: S

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 ....
(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?
(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.
(4)
A party may only apply to have a decision of the sheriff recalled in a case once.
13.6
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.

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Source: https://www.legislation.gov.uk/ssi/2016/200/schedule/1/part/13 (the official version)
Page: https://openlegislation.uk/act-of-sederunt-simple-procedure-2016/schedule-1/part-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.