PART 3CIVIL PROCEDURE

CHAPTER 1SHERIFF COURT

Simple procedure

I178Transfer of cases to simple procedure

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).