The Scottish Land Court Rules 1992

1. Introductory Text

2. 1. These rules may be cited as the Scottish Land Court...

3. 2. The rules of the Scottish Land Court shall be as...

4. 3. The rules of the Scottish Land Court 1979 are revoked....

5. Signature

6. 1. SCHEDULE

      RULES OF THE SCOTTISH LAND COURT

      1. INDEX

      2. Definitions

      3. Office and Sittings of the Court

      4. Procedure

      5. Consignation

      6. Time Limits

      7. Pleadings

      8. Admissions, witnesses, production of documents, etc

      9. Hearing

      10. Evidence

      11. Appointment of reporters, assessors, etc

      12. Inspection

      13. Abandonment

      14. Falling asleep and wakening

      15. Reponing

      16. Appeal against Divisional Court Order

      17. Re-hearing

      18. Special case

      19. Expenses

      20. Orders of the Court, etc

      21. General

      22. RULES OF THE SCOTTISH LAND COURT

      23. Coming into force 1st November 1992

      24. 1. DEFINITIONS

      25. 2. OFFICE AND SITTINGS OF THE COURT

      26. 3. The Court shall hold sittings for the purpose of hearing...

      27. 4. Any sitting and any hearing in any Application or proceeding...

      28. PROCEDURE

      29. 5. Applications

      30. 6. No Application shall be incompetent solely on the ground that...

      31. 7. Except as otherwise provided, Applications shall be signed by the...

      32. 8. Where an Applicant cannot sign his name and is not...

      33. 9. All Applications shall be addressed to the Land Court at...

      34. 10. Tenants who hold pasture, grazing or other rights in common...

      35. 11. Service, Intimation, Etc

      36. 12. Any notice, order, summons or proceeding in any Application shall...

      37. 13. Any period which begins to run from service or intimation...

      38. 14. Service on, or intimation to, a landlord may be effected...

      39. 15. Service on, or intimation to, any association, board, firm, company...

      40. 16. In every case where a party to an Application is...

      41. 17. In any Application where a Respondent’s address is unknown to...

      42. 18. In any Application for resumption of, or otherwise relating to,...

      43. 19. If any person who is named as a Respondent or...

      44. 20. The receipt of the Post Office for a first class...

      45. 21. When intimation is made under Rule 17 or 18 copies...

      46. 22. Any person named as a Respondent in an Application or...

      47. 23. No party who appears in court or lodges objections or...

      48. 24. If there has been any insufficiency of, or irregularity in,...

      49. 25. As soon as an Application has been received by the...

      50. 26. Process

      51. 27. No person shall be allowed, without leave of the Court,...

      52. 28. Any solicitor acting for a party to an Application may...

      53. 29. After the issue of a Final Order in any Application...

      54. 30. CONSIGNATION

      55. 31. Any sum of money which a party desires, or has...

      56. 32. TIME LIMITS

      57. 33. Any period limited by an Order for any act or...

      58. 34. PLEADINGS

      59. 35. The Court may, at any stage of an Application, order...

      60. 36. All Answers, Replies, Objections or other pleadings shall be subscribed...

      61. 37. Where a party is represented by a solicitor or factor...

      62. 38. Amendment, Conjunction, Etc

      63. 39. Where the same, or similar, questions of law or fact...

      64. 40. The Court may appoint a curator ad litem to any...

      65. 41. ADMISSIONS, WITNESSES, PRODUCTION OF DOCUMENTS, ETC

      66. 42. Further, on special cause shown or of their own accord...

      67. 43. All writings, plans, books, or excerpts from books, or other...

      68. 44. All writings, plans, books, or excerpts from books, or other...

      69. 45. The Court may allow any Answers, Objections, Minutes or other...

      70. 46. When an Application or pleading or other original document has...

      71. 47. If any Applicant or Respondent fails to lodge any statement...

      72. 48. A copy of any Order summoning persons therein named to...

      73. 49. Parties may, orally in open Court or by letters or...

      74. 50. HEARING

      75. 51. When the Application is called in Court at the appointed...

      76. 52. Any person who, after being warned by the Court, (a)...

      77. 53. The Court may call and examine, or grant commission to...

      78. 54. EVIDENCE

      79. 55. Any consent or undertaking in an Application may be given...

      80. 56. All relevant objections to any deed or writing which is...

      81. 57. Notes of evidence may be taken down by the Court...

      82. 58. Evidence on Commission

      83. 59. The Court may, of consent of parties, or where satisfied...

      84. 60. APPOINTMENT OF REPORTERS, ASSESSORS, ETC

      85. 61. INSPECTION

      86. 62. ABANDONMENT

      87. 63. FALLING ASLEEP AND WAKENING

      88. 64. The Court may either of consent of all the parties...

      89. 65. REPONING

      90. 66. When a party, who has obtained any Order in his...

      91. 67. APPEAL AGAINST DIVISIONAL COURT ORDER

      92. 68. Such note shall be delivered, or transmitted by first class...

      93. 69. At least two weeks prior to the hearing of an...

      94. 70. Any party who has lodged an Appeal in terms of...

      95. 71. It shall not be competent to take any Appeal after...

      96. 72. It shall not be competent to take any Appeal except...

      97. 73. The Full Court may give judgement in any Appeal—

      98. 74. Every competent Appeal shall submit to review at the instance...

      99. 75. In the event of an Appellant obtaining leave to withdraw...

      100. 76. When the Order appealed against is a Final Order, the...

      101. 77. When the Order appealed against is an Order appealed by...

      102. 78. RE-HEARING

      103. 79. Such motion shall be made by a note dated and...

      104. 80. Such note shall be delivered, or transmitted by first class...

      105. 81. It shall not be competent to move for Rehearing after...

      106. 82. A motion for Rehearing maybe made upon one or more...

      107. 83. Every motion for Rehearing or for leave to move for...

      108. 84. The Court may dispose of the motion for Rehearing or...

      109. 85. Where the Court, having regard to any of the grounds...

      110. 86. Neither a motion for Rehearing nor an Order granted a...

      111. 87. In any Appeal or Rehearing the Court may vary, recall...

      112. 88. SPECIAL CASE

      113. 89. The said party shall at the same time lodge with...

      114. 90. After adjustment by parties or the Court, the draft case...

      115. 91. On the special case being authenticated in terms of Rule...

      116. 92. Neither the requisition for a special case nor any subsequent...

      117. 93. The party on whose requisition the special case has been...

      118. 94. When the opinion of the Court of Session has been...

      119. 95. EXPENSES

      120. 96. The Court may sanction the employment of counsel in Applications...

      121. 97. Accounts of expenses, charged by solicitors against clients, or awarded...

      122. 98. When any person other than a solicitor or counsel appears...

      123. 99. In any Application the Court may make an award of...

      124. 100. When two or more Applications involving similar questions and arising...

      125. 101. ORDERS OF THE COURT, ETC

      126. 102. Any one member of the Court or the Principal Clerk...

      127. 103. Any verbal, clerical or casual error or omission or informality...

      128. 104. Every Order which disposes of the subject-matter of an Application...

      129. 105. All extracts or copies of Orders by the Court, required...

      130. 106. The Principal Clerk shall at the request of any interested...

      131. 107. GENERAL

7. Explanatory Note