Part 16: How to appeal a decision C1
Scotland
| 16.1 | What is this Part about? | |
|---|---|---|
| (1) | This Part is about how a party can appeal a decision and how the sheriff and Sheriff Appeal Court will deal with an appeal. | |
| 16.2 | How do you appeal a decision? | |
| (1) | A party may appeal a decision within 4 weeks from the Decision Form being sent. | |
| (2) | A party may appeal a decision by sending a completed Appeal Form to the sheriff court. | |
| (3) | That party must at the same time send a copy of the completed Appeal Form to the other party. | |
| (4) | The Appeal Form must set out the legal points which the party making the appeal wants the Sheriff Appeal Court to answer. | |
| (5) | A party may not appeal a decision if that party can apply to have that decision recalled (see Part 13). | |
| 16.3 | What will the sheriff do with an appeal? | |
| (1) | The sheriff must prepare a draft Appeal Report within 4 weeks of the court receiving an Appeal Form. | |
| (2) | The draft Appeal Report must set out the factual and legal basis for the decision which the sheriff came to. | |
| (3) | The draft Appeal Report must set out legal questions for the Sheriff Appeal Court to answer. | |
| (4) | The sheriff clerk must send the draft Appeal Report to all parties. | |
| (5) | All parties may, within 2 weeks of the draft Appeal Report being sent to them, send the sheriff a note of any other legal points they wish the Sheriff Appeal Court to answer and any factual points in the draft Appeal Report they disagree with. | |
| (6) | The sheriff may order a discussion in court to consider whether amendments should be made to the Appeal Report. | |
| (7) | The sheriff may then amend the Appeal Report. | |
| (8) | The sheriff must then sign F1or authenticate electronically the Appeal Report. | |
| (9) | The sheriff clerk must send a copy of the signed Appeal Report to each party. | |
| (10) | The sheriff clerk must transmit the following to the Clerk of the Sheriff Appeal Court: | |
| (a) | the note of the reasons for the sheriff's decision (if one was prepared), | |
| (b) | a copy of the Decision Form, | |
| (c) | all written orders, | |
| (d) | the signed Appeal Report, and | |
| (e) | any note sent to the court by a party. | |
| 16.4 | What will the Sheriff Appeal Court do with an appeal? | |
| (1) | The Clerk of the Sheriff Appeal Court must, within 2 weeks of receiving the signed Appeal Report, arrange an appeal hearing and send all parties notice of where and when the appeal hearing is to be held. | |
| (2) | Unless the Sheriff Appeal Court orders otherwise, an appeal hearing must be before one Appeal Sheriff. | |
| (3) | At the end of the appeal hearing, the Sheriff Appeal Court may either make a decision there and then, or may take time to consider the decision. | |
| (4) | If the Sheriff Appeal Court takes time to consider the decision, the decision must be made within 4 weeks from the date of the appeal hearing. | |
| F2(4A) | The President of the Sheriff Appeal Court may vary the period mentioned in paragraph (4). | |
| (5) | If the Sheriff Appeal Court makes a decision there and then, it must explain the reasons for that decision to the parties in person. | |
| (6) | If the Sheriff Appeal Court takes time to consider a decision, the court must prepare a note of the reasons for the decision, and the Clerk of the Sheriff Appeal Court must send that note to the parties. | |
| (7) | The Sheriff Appeal Court may alter the decision which the sheriff made by either amending the Decision Form or issuing a new Decision Form. | |
| F3(8) | Parts 2, 4, 5 and 6 of the F4Act of Sederunt (Sheriff Appeal Court Rules) 2021 apply to the appeal. | |
Annotations
Textual amendments
- F1
Words in sch. 1 rule 16.3(8) inserted (28.11.2016) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016 (S.S.I. 2016/315), paras. 1(2), 7(3)(t)
- F2
Sch. 1 rule 16.4(4A) inserted (31.5.2023) by Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2022 (S.S.I. 2022/211), paras. 1(2), 2(2)(aa) (with para. 3)
- F3
Sch. 1 rule 16.4(8) inserted (28.11.2016) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 4) (Simple Procedure) 2016 (S.S.I. 2016/315), paras. 1(2), 7(3)(u)
- F4
Words in sch. 1 rule 16.4(8) substituted (6.1.2022) by Act of Sederunt (Sheriff Appeal Court Rules) 2021 (S.S.I. 2021/468), rules 1.1(2), 34.2(2) (with rule 1.2)
Modifications
- C1
Sch. 1 Pt. 16 applied (6.1.2022) by Act of Sederunt (Sheriff Appeal Court Rules) 2021 (S.S.I. 2021/468), rules 1.1(2), 31.1 (with rule 1.2)
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))