The Rules of the Scottish Land Court Order 2014

S.S.I. 2014/229 · Made 19 August 2014

Contents

1. 1Citation and commencement
2. 2Rules
3. Signature
4. Schedule: RULES OF THE SCOTTISH LAND COURT 2014
5. The rules generally
6. 1Purpose of the rules etc.
7. Interpretation
8. 2Interpretation
9. Applications generally
10. 3Making an application: general
11. 4Content of application
12. 5Abandonment or withdrawal
13. 6Further procedure in application
14. 7Inadequate or defective applications
15. 8Call for clarification
16. 9Call for specification of legal principles etc. upon which party relies
17. 10Amendment of application
18. 11Conjunction etc. of applications
19. 12Appointment of curator ad litem
20. 13Appointment of advocate or solicitor to assist the court
21. Answers etc. and adjustment of pleadings
22. 14Answers and other responses
23. 15Adjustment of pleadings
24. Determinations, orders and directions as to procedure etc.
25. 16Determinations and orders as to procedure
26. 17Orders concerning preliminary or procedural points
27. Delegation
28. 18Delegation
29. Hearings
30. 19Fixing a hearing
31. 20Preparation for hearing by way of proof
32. 21Order for delivery of material relevant to a hearing
33. 22Intimating authorities and statutory provisions to be relied on and referred to at a hearing
34. 23Lodging material etc.
35. 24Late lodging
36. 25Copy documents
37. 26Expert witnesses
38. 27Public right to attend hearing
39. 28Responsibility for presentation of evidence
40. 29Non-appearance at a hearing
41. 30Objection to document or deed
42. 31Giving of oral evidence at hearing
43. 32Noting evidence
44. 33Lists of witnesses
45. 34Dispensing with attendance by witness
46. 35Further provision as regards witness statements
47. 36Interrogatories
48. 37Examination of witness who has not been called by any party
49. 38Evidence on commission
50. 39Remit to take evidence etc.
51. 40Remit to person specially qualified by skill and experience
52. 41Person specially qualified by skill and experience: acting as assessor
53. 42Person specially qualified: appointed as witness
54. 43Fees and expenses of commissioners, reporters and assessors
55. 44Consents and undertakings
56. 45Inspections
57. 46Buildings: entry without consent
58. Determination of application without hearing
59. 47Determination of application without hearing
60. Information obtained by the court
61. 48Information obtained by the court
62. Documents and productions etc.
63. 49Exhibition of application and process in application etc.
64. 50Borrowing
65. 51Retention of documents etc. after issue of final order
66. Sisted and inactive cases
67. 52Sisted cases
68. 53Inactive cases
69. Restoration and recall
70. 54Restoration of a party
71. 55Recall for want of intimation
72. 56Recall of decree in absence
73. 57Recall for non-compliance with terms or conditions
74. Appeals to the court
75. 58Appeals to the court
76. 59Consideration of basis for proceeding with appeal etc62.
77. 60Refusal after consideration
78. 61Dispensing with hearing of appeal
79. 62Outline of argument
80. 63Powers of court on appeal
81. Internal appeals
82. 64Appeals from decisions of a divisional court
83. 65Consideration of basis for proceeding with appeal etc.
84. 66Refusal after consideration
85. 67Supplementary note
86. 68Dispensing with hearing of appeal
87. 69Outline of argument
88. 70Effect of appeal on previous orders in the case
89. 71Entitlement to insist in appeal abandoned by appellant
90. 72Appeal against order which is not final decision
91. 73Powers of court on appeal
92. Re-hearing
93. 74Re-hearing
94. 75Note under rule 74(5)
95. 76Statement to accompany note under rule 74(5)
96. 77Powers of court in respect of motion for re-hearing
97. 78Powers of court on allowing re-hearing
98. 79Conduct of re-hearing
99. 80Powers of court conducting re-hearing
100. 81Conjunction of appeal and re-hearing
101. Appeal to the Court of Session in certain proceedings
102. 82Appeal to the Court of Session in certain proceedings
103. Special case
104. 83Requirement that a case be stated
105. 84Draft statement of case
106. 85Responses to draft statement of case
107. 86Finalisation of special case
108. 87Further provision as regards the opinion of the Court of Session on a question of law
109. Expenses
110. 88Award of expenses
111. 89Employment of counsel
112. 90Fixing or modifying expenses
113. 91Expenses of representative who is not an advocate or solicitor
114. 92Expenses of party litigant
115. 93Charges for skilled persons
116. 94Expenses where certain applications heard together
117. 95Special direction
118. Taxation of expenses
119. 96Taxation of expenses
120. 97Diet of taxation
121. 98Report on taxation and objections
122. 99Fees allowed at taxation
123. Rights of audience, duties of representatives etc.
124. 100Rights of audience etc.
125. 101Party to be satisfied as to assertions in written pleadings
126. General provisions
127. 102Postponement or adjournment
128. 103Language and special requirements
129. 104Fees
130. 105Lodging by electronic communication
131. 106Provision of copies
132. 107Intimation
133. 108Dispensing with intimation
134. 109Evidence of intimation
135. 110Insufficiency or irregularity in intimation
136. 111Orders etc. of the court
137. 112Payments into court
138. 113Time limits
139. 114Non-compliance with a rule or order
140. 115Extension of time and taking procedural step out of time
141. 116Calculation of time
142. Transition and citation
143. 117Transitional provision
144. 118Citation
145. Explanatory note