{
  "url": "https://openlegislation.uk/rules-of-the-scottish-land-court-order-2014/schedule/paragraph-74",
  "json_url": "https://openlegislation.uk/rules-of-the-scottish-land-court-order-2014/schedule/paragraph-74.json",
  "legislation": "ssi/2014/229",
  "legislation_title": "The Rules of the Scottish Land Court Order 2014",
  "legislation_url": "https://openlegislation.uk/rules-of-the-scottish-land-court-order-2014",
  "path": "schedule/paragraph/74",
  "kind": "paragraph",
  "number": "74",
  "heading": "Re-hearing",
  "text": "(1) Where an order which is a final decision has been made in a case a party, or any successor in title to a party, may move the court, on one or more of the grounds set out in paragraph (3), to order that the case be re-heard, in whole or in part, on such terms or conditions as to expenses or otherwise as the court thinks fit.(1)\n(2) The provisions of paragraph (1) do not apply to any appeal.\n(a) The grounds are that—\n(b) the order proceeded upon material error (other than an error in law), either shared by all the parties to the original proceedings or induced by one or more of the other parties;\n(c) the order was obtained by fraud, fabrication of documents, perjury, subornation or other like misconduct on the part of one or more of the other parties;\n(d) relevant and material evidence is available, of a nature specified in a statement under rule 76, being evidence which at the time the order was made was unknown to the party moving for re-hearing and could not have been discovered before that time by that party by exercise of due diligence;\n(e) another party has failed substantially to fulfil or comply with a condition imposed in the interest of the party moving for re-hearing;\n(f) the order, because of a change of circumstance, is no longer appropriate; and\n(g) the order is no longer capable of enforcement.\n(3) Where an order which is a final decision has been made in a case and all parties concur the court may order the case to be reheard.\n(4) Any motion under paragraph (1) is to be by note in writing lodged with the Principal Clerk.\n(5) But it is not competent to move for re-hearing if more than 4 weeks has elapsed since the order was intimated to the parties unless—\n(a) leave to move is granted by the court on special cause shown; or\n(b) all parties concur in the motion.\n(6) The court may determine whether there is special cause for the purposes of paragraph (6)(a) on the basis of written submissions of parties.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2014/229/schedule/paragraph/74",
    "retrieved_at": "2026-10-28T21:33:57.265994+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."
}