PART 3CIVIL PROCEDURE
CHAPTER 1SHERIFF COURT
Civil jury trials
I1C170Restrictions on granting a new trial
1
Subsection (2) applies where—
a
an application is made under section 69(1) on the ground of undue admission of evidence, and
b
the Sheriff Appeal Court is of the opinion that exclusion of the evidence in question could not have led to a different verdict from the one actually returned.
2
The Court must refuse to grant a new trial.
3
Subsection (4) applies where—
a
an application is made under section 69(1) on the ground of undue rejection of documentary evidence, and
b
the Sheriff Appeal Court is of the opinion that the documents in question would not have affected the jury's verdict.
4
The Court must refuse to grant a new trial.
5
Subsection (6) applies where—
a
an application is made under section 69(1), and
b
the Sheriff Appeal Court is of the opinion that—
i
the only ground for granting a new trial is that damages awarded are excessive or inadequate, and
ii
a new trial is essential to the justice of the case.
6
The Court may grant a new trial restricted to the question of the amount of damages only.
7
On an application under section 69(1), where the Sheriff Appeal Court is constituted by more than one Appeal Sheriff—
a
the Court may not grant a new trial except in conformity with the opinion of a majority of the Appeal Sheriffs hearing the application, and
b
in the case of equal division, the Court must refuse to grant a new trial.