Anderson Strathern

This Practice Note offers introductory guidance on appeals to the Sheriff Appeal Court in Scottish civil proceedings, putting the establishment of the Sheriff Appeal Court in its historical context, introducing the court and its judges, considering the status of the court’s decisions and jurisdiction and considering the types of decision which can be appealed to the Sheriff Appeal Court. In doing so, it considers the provisions governing appeals to the Sheriff Appeal Court, namely the Rules of the Sheriff Appeal Court and the Sheriff Appeal Court Practice Notes.

This Practice Note considers the case management of an appeal in the Sheriff Appeal Court that raises devolution or human rights issues, requires the taking of proof or further proof, and where a party seeks to remit the appeal to the Court of Session in Scotland.

This Practice Note offers guidance on how to initiate a civil appeal in the Scottish Sheriff Appeal Court and the initial stages of procedure. It covers the Note of Appeal, the Sheriff’s note, time-limits, intimation, answers and cross-appeals. It also provides an overview of initial case management such as urgent disposal, appointment to Chapter 7 or Chapter 8 procedure and challenging competency, before touching on motions and minutes in the Sheriff Appeal Court.

This Practice Note offers guidance on the various types of tender which may be used where there are a plurality of parties to a Scottish action. This note considers tenders in the context of actions involving multiple pursuers as well as actions involving multiple defenders. In doing so it considers Williamson Tenders and Houston Tenders as well as the judicial expenses implications of tenders in multi-party civil litigation in Scotland.