PART 3CIVIL PROCEDURE
CHAPTER 1SHERIFF COURT
Civil jury trials
I1C169Application for new trial
1
After the jury have returned their verdict in jury proceedings, any party to the proceedings may, on any ground specified in subsection (2), apply to the Sheriff Appeal Court for a new trial.
2
The grounds are—
a
the sheriff misdirected the jury,
b
undue admission or rejection of evidence,
c
the verdict is contrary to the evidence,
d
damages awarded are excessive or inadequate,
e
new evidence or information has come to light since the trial,
f
any other ground essential to the justice of the case.
3
On an application under subsection (1), the Sheriff Appeal Court may grant or refuse a new trial.
4
Subsection (3) is subject to section 70.
5
Where the Court grants a new trial—
a
the verdict of the jury is set aside, and
b
the proceedings are to be tried by another jury.
6
Subsection (7) applies where—
a
an application is made under subsection (1) on the ground that the verdict is contrary to the evidence, and
b
after hearing the parties, the Sheriff Appeal Court is of the opinion that—
i
the ground is established, and
ii
it has before it all the relevant evidence that could reasonably be expected to be obtained in relation to the proceedings.
7
The Court may, instead of granting a new trial—
a
set aside the verdict of the jury, and
b
enter judgment for the party unsuccessful at the trial.
8
In a case where the Court is constituted by more than one Appeal Sheriff, the opinion referred to in subsection (6)(b) must be the opinion of all of them.