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.