SCHEDULE
Article 2
RULES OF THE SCOTTISH LAND COURT 2014
CONTENTS
The Rules of the Scottish Land Court Order 2014
The rules generally
1.Purpose of the rules etc.
Interpretation
2.Interpretation
Applications generally
3.Making an application: general
4.Content of application
5.Abandonment or withdrawal
6.Further procedure in application
7.Inadequate or defective applications
8.Call for clarification
9.Call for specification of legal principles etc. upon which party relies
10.Amendment of application
11.Conjunction etc. of applications
12.Appointment of curatorad litem
13.Appointment of advocate or solicitor to assist the court
Answers etc. and adjustment of pleadings
14.Answers and other responses
15.Adjustment of pleadings
Determinations, orders and directions as to procedure etc.
16.Determinations and orders as to procedure
17.Orders concerning preliminary or procedural points
Delegation
18.Delegation
Hearings
19.Fixing a hearing
20.Preparation for hearing by way of proof
21.Order for delivery of material relevant to a hearing
22.Intimating authorities and statutory provisions to be relied on and referred to a hearing
23.Lodging material etc.
24.Late lodging
25.Copy documents
26.Expert witnesses
27.Public right to attend hearing
28.Responsibility for presentation of evidence
29.Non-appearance at a hearing
30.Objection to document or deed
31.Giving of oral evidence at hearing
32.Noting evidence
33.Lists of witnesses
34.Dispensing with attendance by witness
35.Further provision as regards witness statements
36.Interrogatories
37.Examination of witness who has not been called by any party
38.Evidence on commission
39.Remit to take evidence etc.
40.Remit to person specially qualified by skill and experience
41.Person specially qualified by skill and experience: acting as assessor
42.Person specially qualified: appointed as witness
43.Fees and expenses of commissioners, reporters and assessors
44.Consents and undertakings
45.Inspections
46.Buildings: entry without consent
Determination of application without hearing
47.Determination of application without hearing
Information obtained by the court
48.Information obtained by the court
Documents and productions etc.
49.Exhibition of application and process in application etc.
50.Borrowing
51.Retention of documents etc. after issue of final order
Sisted and inactive cases
52.Sisted cases
53.Inactive cases
Restoration and recall
54.Restoration of a party
55.Recall for want of intimation
56.Recall of decree in absence
57.Recall for non-compliance with terms or conditions
Appeals to the court
58.Appeals to the court
59.Consideration of basis for proceeding with appeal etc.
60.Refusal after consideration
61.Dispensing with hearing of appeal
62.Outline of argument
63.Powers of court on appeal
Internal appeals
64.Appeals from decisions of a divisional court
65.Consideration of basis for proceeding with appeal etc.
66.Refusal after consideration
67.Supplementary note
68.Dispensing with hearing of appeal
69.Outline of argument
70.Effect of appeal on previous orders in the case
71.Entitlement to insist in appeal abandoned by appellant
72.Appeal against order which is not final decision
73.Powers of court on appeal
Re-hearing
74.Re-hearing
75.Note under rule 74(5)
76.Statement to accompany note under rule 74(5)
77.Powers of court in respect of motion for re-hearing
78.Powers of court on allowing re-hearing
79.Conduct of re-hearing
80.Powers of court conducting re-hearing
81.Conjunction of appeal and re-hearing
Appeal to the Court of Session in certain proceedings
82.Appeal to the Court of Session in certain proceedings
Special case
83.Requirement that a case be stated
84.Draft statement of case
85.Responses to draft statement of case
86.Finalisation of special case
87.Further provision as regards the opinion of the Court of Session on a question of law
Expenses
88.Award of expenses
89.Employment of counsel
90.Fixing or modifying expenses
91.Expenses of representative who is not an advocate or solicitor
92.Expenses of party litigant
93.Charges for skilled persons
94.Expenses where certain applications heard together
95.Special direction
Taxation of expenses
96.Taxation of expenses
97.Diet of taxation
98.Report on taxation and objections
99.Fees allowed at taxation
Rights of audience, duties of representatives etc.
100.Rights of audience etc.
101.Party to be satisfied as to assertions in written pleadings
General provisions
102.Postponement or adjournment
103.Language and special requirements
104.Fees
105.Lodging by electronic communication
106.Provision of copies
107.Intimation
108.Dispensing with intimation
109.Evidence of intimation
110.Insufficiency or irregularity in intimation
111.Orders etc. of the court
112.Payments into court
113.Time limits
114.Non-compliance with a rule or order
115.Extension of time and taking procedural step out of time
116.Calculation of time
Transition and citation
117.Transitional provision
118.Citation
The rules generally
Purpose of the rules etc.
1. (1) The purpose of these rules is to enable the court, with the assistance of the parties, to reach a just result fairly in any case with due regard to economy, proportionality and efficient use of the resources of parties and the court and any provision in the rules falls to be read in light of that purpose.
(2) The court may, as regards a particular case, make any order it considers appropriate to regulate the procedure to be followed at any stage in the case.
(3) Any such order is to accord with the rules unless the court is satisfied that it is necessary to depart from the rules in the interests of justice.
(4) The court is to have regard to-
(a) the terms of its own practice notes; and(b) practice in the sheriff court,in making any order in relation to a matter not expressly provided for in these rules.
(5) This rule is without prejudice to rule 114.
Interpretation
Interpretation
2. In these rules, unless the context otherwise requires-
"the Act" means the Scottish Land Court Act 1993;
"advocate" means a member of the Faculty of Advocates;
"the auditor of court" is the Principal Clerk or any other person to whom the Principal Clerk has delegated the role of auditor;
"appropriate form" has the meaning given by rule 3;
"Chairman" means the Chairman of the Scottish Land Court and, in relation to judicial functions, includes any Deputy Chairman;
"day" means a clear working day (that is to say a day when the office of the court is open to the public);
"divisional court" means a member (or 2 members) of the Scottish Land Court to whom powers have been delegated under paragraph 6 of Schedule 1 to the Act;
"electronic means" means email, fax, memory sticks, CD ROMs or other means of electronic communication of the contents of documents;
"final decision" means, as regards a substantive issue, a decision declared by the court to be a final decision on that issue;
"final order" means an order of the court which either by itself or taken with a previous order or orders disposes of the subject matter of all substantive issues in a case and of the question of liability for expenses (even if issues of law or of fact referred to in the pleadings have not been decided or issues of modification, taxation or the like in relation to expenses are still to be resolved);
"hearing" includes a hearing by way of debate and a procedural hearing;
"hear" or "be heard" means that an opportunity is to be given to a party to make representations either orally or in writing;
"practice note" means a formal statement signed by the Chairman, providing for the conduct of the business of the court or giving guidance in dealing with proceedings pending before the court;
"solicitor" means a solicitor qualified in terms of section 4 of the Solicitors (Scotland) Act 1980; and
"Table of Fees" means the Table of Fees in the Schedule to the Scottish Land Court (Fees) Order 1996( 3).
Applications generally
Making an application: general
3. (1) An application must be in, or as nearly as may be in, the appropriate form and is made by lodging it with the Principal Clerk.
(2) The court may provide a form special to a kind of application; and if it does then, for the purposes of paragraph (1), that form is the appropriate form for that kind of application.
(3) An application must comply with the requirements of any statutory provision under which it is brought.
(4) An application does not fail to be a valid application for the purposes of any statutory provision solely because it does not comply with all, or any, of the requirements of these rules.
Content of application
4. An application must-
(a) identify the applicant clearly and any special capacity in which the applicant is acting;(b) provide the name and details of any agent acting for the applicant;(c) give a full postal address and postal code for communication with the applicant or agent, together with any appropriate email address and a telephone number for such communication;(d) list the persons who to the applicant's knowledge may have an interest to respond...