PART 3CIVIL PROCEDURE

CHAPTER 1SHERIFF COURT

Civil jury trials

I1C171Verdict subject to opinion of the Sheriff Appeal Court

1

This section applies in relation to any jury proceedings in which the sheriff has directed the jury on any matter.

2

A party against whom the verdict of the jury is returned may apply to the Sheriff Appeal Court for the verdict instead to be entered in the party's favour.

3

On an application under subsection (2), the Court may—

a

set aside the verdict and exercise either of the powers in subsections (4) and (6), or

b

refuse the application.

4

Where the Court is of the opinion—

a

that the sheriff's direction was erroneous, and

b

that the party making the application was entitled to the verdict in whole or in part,

it may direct the verdict to be entered in that party's favour.

5

The Court may direct the verdict to be so entered—

a

either in whole or in part, and

b

either absolutely or on such terms as the Court thinks fit.

6

Where the Court is of the opinion that it is necessary to do so, it may order the proceedings to be tried by another jury.