Sheriff Courts (Scotland) Act 1907

Applications under Part II of the Conveyancing and Feudal Reform (Scotland) Act 1970S

34.10.(1)An application or counter-application to the sheriff under any of the following provisions of Part II of the M1Conveyancing and Feudal Reform (Scotland) Act 1970(which relates to the standard security) shall be made by initial writ where any other remedy is craved:—

(a)M2section 18(2) (declarator that obligations under contract performed);

(b)section 20(3) (application by creditor for warrant to let security subjects);

(c)section 22(1) (objections to notice of default); and

(d)section 22(3) (counter-application for remedies under the Act);

(e)section 24(1) (application by a creditor for warrant to exercise remedies on default); and

(f)section 28(1) (decree of foreclosure).

(2)An interlocutor of the sheriff disposing of an application or counter-application under paragraph (1) shall be final and not subject to appeal except as to a question of title or any other remedy granted.

Marginal Citations