Subject to the provisions of this Act an appeal to the [F1sheriff principal] shall be competent against all final judgments of the [F1sheriff] and also against interlocutors—
(A)Granting or refusing interdict, interim or final;
(B)Granting interim decree for payment of money other than a decree for expenses, or making an order ad factum præstandum;
(C)Sisting an action;
(D)Allowing or refusing or limiting the mode of proof . . . F2;
(E)[F3Refusing a reponing note; or
(F)]Against which the [F1sheriff] either ex proprio motu or on the motion of any party grants leave to appeal;
[F3It shall be competent for the [F1sheriff principal]. when the action is before him on appeal on any point, to open the record ex proprio motu, if the record shall appear to him not to have been properly made up, or to allow further proof.]
Textual Amendments
F1Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4
F2Words repealed by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55, SIF 36:3, 72:2) ss. 11, 28(2), Sch. 3
F3Words inserted by Sheriff Courts (Scotland) Act 1913 (2 & 3 Geo. 5 c. 28), Sch. 1
(1)Subject to the provisions of this Act, it shall be competent to appeal to the Court of Session against a judgment either of a [F5sheriff principal or sheriff] if the interlocutor appealed against is a final judgment or is an interlocutor—
(a)Granting interim decree for payment of money other than a decree for expenses; or
(b)Sisting an action; or
(c)Refusing a reponing note; or
(d)Against which the [F5sheriff principal or sheriff] either ex proprio motu or on the motion of any party, grants leave to appeal:
. . . F6
(2)Nothing in this section nor in section twenty-seven of this Act contained shall affect any right of appeal or exclusion of such right provided by any Act of Parliament in force for the time being.]
Textual Amendments
F4S. 28 substituted by Sheriff Courts (Scotland) Act 1913 (2 & 3 Geo. 5 c. 28), s. 2
F5Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4
F6S. 28 proviso repealed by Sheriff Courts (Scotland) Act 1971 (c. 58), Sch. 2 Pt. II
Modifications etc. (not altering text)
C1S. 28 applied (1.5.2003) by 2000 asp 7, ss. 22(7), 26(6), 37(2) (with s. 31); S.S.I. 2003/74, art. 2(2)(b)
An appeal shall be effectual to submit to review the whole of the interlocutors pronounced in the cause, and shall be available to and may be insisted in by all other parties in the cause notwithstanding they may not have noted separate appeals. An appeal shall not prevent immediate execution F7. . . of warrants to take inventories, or place effects in custody ad interim, or warrants for interim preservation, and an interim interdict, although appealed against shall be binding till recalled.
Textual Amendments
F7Words in s. 29 repealed (22.4.2009) by Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), ss. 226, 227, Sch. 6 (with s. 223); S.S.I. 2009/67, art. 3 (with arts. 4-6)
Textual Amendments
Textual Amendments
Textual Amendments
Textual Amendments
F11S. 33 repealed by Juries Act 1949 (c. 27), Sch. 3