78Transfer of cases to simple procedureS
This section has no associated Explanatory Notes
(1)This section applies to any civil proceedings in the sheriff court that are being conducted otherwise than as a simple procedure case.
(2)The parties to the proceedings may, at any stage, make a joint application for the proceedings to continue subject to simple procedure if the proceedings are of a type that, if brought at the time when the application is made—
(a)would or could be brought subject to simple procedure by virtue of any enactment, or
(b)would or could be so brought but for the fact that a financial limit specified in section 72(3) or 74(2) is exceeded.
(3)Where such a joint application is made, the sheriff must direct that the proceedings are to continue subject to simple procedure for all purposes (including appeal).