Sheriff Appeal Court civil rules restated for 2022

The Sheriff Appeal Court Rules have been consolidated and restated in an Act of Sederunt that comes into force in the new year.

In force from 6 January 2022, the Act of Sederunt (Sheriff Appeal Court Rules) 2021 makes provision about the procedure to be followed in civil appeals.

The 2021 rules have been developed following an operational review of the current 2015 rules conducted by the sheriffs principal, including informal consultation with the Law Society of Scotland, Faculty of Advocates and Sheriffs Association. The aim of the review was to deliver an improved appeals process where:

• appeals can be progressed more quickly;
• the court can operate flexibly and more efficiently;
• the court procedure supports appeals being heard by a bench size proportionate to the appeal points raised; and
• the court rules are set out in a way that is much easier to use and understand.

The key structural changes within the new rules are:

• To support a greater level of information being provided to the court earlier in the appeal process, a number of rules have been relocated within chapter 6: Initiation and progress of an appeal, alongside the test that is to be applied before the procedural appeal sheriff decides which procedure an appeal will be appointed to.
• To minimise confusion around the appropriate appeal procedures, the two relevant procedures have been renamed and co-located immediately after the test that is to be applied, i.e. Chapter 7: Procedure before three appeal sheriffs, and Chapter 8: Procedure before one appeal sheriff.

Principal policy changes underpinning the new rules are:

• A change to frontloading the information required e.g. obtaining representations from both appellants and respondents about their views on appropriate procedure; and requiring information earlier in the appeals process for: (a) cross-appeals and responses to cross appeals; (b) requests for urgent disposal; (c) questions raised on the competency of an appeal; and (d) requests to sist an appeal. 
• Clarifying the content of the test to be applied before a procedural appeal sheriff issues orders on the most appropriate size of bench, including those where urgent disposal applies.    

After the Scottish Government announced that all remaining provisions in the Age of Criminal Responsibility (Scotland) Act 2019 will come into force on 17 December 2021, the Scottish Civil Justice Council agreed that a new chapter should be created within the 2021 rules to cover timescales, appeal avenues and form requirements due to the unique demands of the case types arising under the Act. Appeals under the Act will follow the procedure set out in the new chapter 33 and are made by lodging a note of appeal in a new form 33.2.

A number of rule changes have also been made to improve administrative procedures and create operational efficiencies. Full details can be found in the policy note which accompanies the rules instrument.

From information provided by the Scottish Civil Justice Council