Rule 3.19.8 Appeals to the Court of SessionF1

(1)

An appeal against an interlocutor of the sheriff refusing, varying or recalling or refusing to vary or recall a restraint order shall be marked within 14 days after the date of the interlocutor concerned.

(2)

Such an appeal shall be marked by writing a note of appeal on the interlocutor sheet, or other written record containing the interlocutor appealed against, or on a separate sheet lodged with the sheriff clerk, in the following terms:–

“The applicant appeals to the Court of Session.”.

(3)

The note of appeal shall–

(a)

be signed by the appellant;

(b)

bear the date on which it is signed; and

(c)

where the appellant is represented, specify the name and address of the solicitor or other agent who will be acting for him in the appeal.

(4)

The sheriff clerk will transmit the process within 4 days after the appeal is marked to the Deputy Principal Clerk of Session.

(5)

Within the period specified in paragraph (4), the sheriff clerk shall–

(a)

send written notice of the appeal to every other party; and

(b)

certify on the interlocutor sheet that he has done so.

(6)

Failure of the sheriff clerk to comply with paragraph (5) shall not invalidate the appeal.

Annotations

Textual amendments

F1: Rules 3.19.6 –3.19.20 and cross-heading inserted (24.3.2003) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (No. 6) (Proceeds of Crime Act 2002) 2003 (S.S.I. 2003/98), paras. 1(1)(b)(i), 2(2)(b)

Notes on Chapter PART XIX

Textual amendments

F1: Ch. 3 Pt. 19 inserted (30.12.2002) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (No. 5) (Proceeds of Crime Act 2002) 2002 (S.S.I. 2002/563), paras. 1(b), 2(2)