Paragraph 29 Appeals

(1)

An appeal to the sheriff principal, other than an appeal to which rule 85A of the Summary Cause Rules (appeals in relation to time to pay directions)^f1 applies, shall be by note of appeal—

(a)

requesting a stated case;

(b)

specifying the point of law upon which the appeal is to proceed; and

(c)

lodged with the sheriff clerk not later than 14 days after the date of final decree.

(2)

The appellant shall, at the same time as lodging a note of appeal, intimate its lodging to the other party.

(3)

The sheriff shall, within 14 days of lodging a note of appeal, issue a draft stated case containing—

(a)

findings in fact and law or, where appropriate, a narrative of the proceedings before him;

(b)

appropriate questions of law; and

(c)

a note stating the reasons for his decisions in law,

and the sheriff clerk shall send a copy of the draft stated case to the parties.

(4)

Within 14 days of the issue of the draft stated case—

(a)

a party may lodge with the sheriff clerk a note of any adjustments which he seeks to make;

(b)

the respondent may state any point of law which he wishes to raise in the appeal; and

(c)

the note of adjustment and, where appropriate, point of law shall be intimated to the other party.

(5)

The sheriff may, on the motion of a party or of his own accord, allow a hearing on adjustments and may provide for such further procedure under this rule prior to the hearing of the appeal as he thinks fit.

(6)

The sheriff shall, within 14 days after—

(a)

the latest date on which a note of adjustments has been or may be lodged; or

(b)

where there has been a hearing on adjustments, that hearing,

and after considering such note and any representations made to him at the hearing, state and sign the case.

(7)

The stated case signed by the sheriff shall include questions of law, framed by him, arising from the points of law stated by the parties and such other questions of law as he may consider appropriate.

(8)

After the sheriff has signed the stated case, the sheriff clerk shall—

(a)

place before the sheriff principal all documents and productions in the small claim together with the stated case; and

(b)

send to the parties a copy of the stated case together with a written note of the date, time and place of the hearing of the appeal.

(9)

In the hearing of an appeal, a party shall not be allowed to raise questions of law of which notice has not been given except on cause shown and subject to such conditions as to expenses or otherwise as the sheriff principal may consider appropriate.

Annotations

Footnotes

f1: Rule 85A of the Summary Cause Rules was inserted by S.I. 1988/1978