Sheriff Court Appeals – Court Procedure
The changes to Sheriff Court Appeals is now underway with the introduction of the Sheriff Appeal Court. There are now various procedures which may be followed in relation to Sheriff Court appeals which should reduce rigidity within the court system.
The standard appeal procedure is similar to the current Court of Session procedure under Chapter 40 of the Court of Session Rules. It is expected that in the appeals the court will give a timetable of the various procedural steps to be completed before a final decision is reached. The final hearing could also now take place before three appeal sheriffs and it could be allocated to take place at a court within the Court of Session in Edinburgh.
There is also the accelerated appeal procedure which has been introduced to deal with simpler matters. It is assumed that it will be the appropriate procedure for appeals relating to the granting of a decree by default and refusal of reponing notes. The question of whether an appeal will follow the standard or accelerated procedure will be determined at the start of the case by the procedural appeal sheriff. The procedural appeal sheriff will also consider the importance and complexity of the appeal, the novelty of points of law raised by it as well as the presumption in cases involving a decree by default or refusal of a reponing note.
The inclusion of both the standard appeal procedure and accelerated appeal procedure has the advantage for practitioners and clients of allowing the court to deal with less complex matters more quickly, more efficiently, possibly more locally, whilst allowing the further time necessary for more complicated matters.
it remains to be seen whether this will effectively streamline the appeals process in the Sheriff Court going forward.
Should you require any information or advice regarding civil court work then please do not hesitate to contact one of our lawyers who regularly deal with cases in Airdrie and Hamilton Sheriff Court and who represent clients in Airdrie, Motherwell, Coatbridge, Bellshill, Cumbernauld, Wishaw and Hamilton.View all →