The Rules of the Scottish Land Court Order 2014

JurisdictionScotland

2014No. 229

SCOTTISH LAND COURT

The Rules of the Scottish Land Court Order 2014

19thAugust2014

21stAugust2014

22ndSeptember2014

The Scottish Land Court, with the approval of the Scottish Ministers, makes the following Order in exercise of the powers conferred by paragraph 12 of the Schedule to the Scottish Land Court Act 1993( 1).

Citation and commencement

1. This Order may be cited as the Rules of the Scottish Land Court Order 2014 and comes into force on 22nd September 2014.

Rules

2. (1) The Rules of the Scottish Land Court 2014 are set out in the Schedule.

(2) The Scottish Land Court Rules 1992( 2) are revoked.

JAMES M. McGHIE

RODERICK J. MacLEOD

DAVID J. HOUSTON

ANGUS MacDONALD

JOHN A. SMITH

126 George Street,

Edinburgh, EH2 4HH

13th August 2014

ROSEANNA CUNNINGHAM

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh

19th August 2014

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...

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