The Rules of the Scottish Land Court Order 2014
1Citation and commencement
2Rules
SCHEDULERULES OF THE SCOTTISH LAND COURT 2014
The rules generally
1Purpose of the rules etc.
Interpretation
2Interpretation
Applications generally
3Making an application: general
4Content of application
5Abandonment or withdrawal
6Further procedure in application
7Inadequate or defective applications
8Call for clarification
9Call for specification of legal principles etc. upon which party relies
10Amendment of application
11Conjunction etc. of applications
12Appointment of curator ad litem
13Appointment of advocate or solicitor to assist the court
Answers etc. and adjustment of pleadings
14Answers and other responses
15Adjustment of pleadings
Determinations, orders and directions as to procedure etc.
16Determinations and orders as to procedure
17Orders concerning preliminary or procedural points
Delegation
18Delegation
Hearings
19Fixing a hearing
20Preparation for hearing by way of proof
21Order for delivery of material relevant to a hearing
22Intimating authorities and statutory provisions to be relied on and referred to at a hearing
23Lodging material etc.
24Late lodging
25Copy documents
26Expert witnesses
27Public right to attend hearing
28Responsibility for presentation of evidence
29Non-appearance at a hearing
30Objection to document or deed
31Giving of oral evidence at hearing
32Noting evidence
33Lists of witnesses
34Dispensing with attendance by witness
35Further provision as regards witness statements
36Interrogatories
37Examination of witness who has not been called by any party
38Evidence on commission
39Remit to take evidence etc.
40Remit to person specially qualified by skill and experience
41Person specially qualified by skill and experience: acting as assessor
42Person specially qualified: appointed as witness
43Fees and expenses of commissioners, reporters and assessors
44Consents and undertakings
45Inspections
46Buildings: entry without consent
Determination of application without hearing
47Determination of application without hearing
Information obtained by the court
48Information obtained by the court
Documents and productions etc.
49Exhibition of application and process in application etc.
50Borrowing
51Retention of documents etc. after issue of final order
Sisted and inactive cases
52Sisted cases
53Inactive cases
Restoration and recall
54Restoration of a party
55Recall for want of intimation
56Recall of decree in absence
57Recall for non-compliance with terms or conditions
Appeals to the court
58Appeals to the court
59Consideration of basis for proceeding with appeal etc62.
60Refusal after consideration
61Dispensing with hearing of appeal
62Outline of argument
63Powers of court on appeal
Internal appeals
64Appeals from decisions of a divisional court
65Consideration of basis for proceeding with appeal etc.
66Refusal after consideration
67Supplementary note
68Dispensing with hearing of appeal
69Outline of argument
70Effect of appeal on previous orders in the case
71Entitlement to insist in appeal abandoned by appellant
72Appeal against order which is not final decision
73Powers of court on appeal
Re-hearing
74Re-hearing
75Note under rule 74(5)
76Statement to accompany note under rule 74(5)
77Powers of court in respect of motion for re-hearing
78Powers of court on allowing re-hearing
79Conduct of re-hearing
80Powers of court conducting re-hearing
81Conjunction of appeal and re-hearing
Appeal to the Court of Session in certain proceedings
82Appeal to the Court of Session in certain proceedings
Special case
83Requirement that a case be stated
84Draft statement of case
85Responses to draft statement of case
86Finalisation of special case
87Further provision as regards the opinion of the Court of Session on a question of law
Expenses
88Award of expenses
89Employment of counsel
90Fixing or modifying expenses
91Expenses of representative who is not an advocate or solicitor
92Expenses of party litigant
93Charges for skilled persons
94Expenses where certain applications heard together
95Special direction
Taxation of expenses
96Taxation of expenses
97Diet of taxation
98Report on taxation and objections
99Fees allowed at taxation
Rights of audience, duties of representatives etc.
100Rights of audience etc.
101Party to be satisfied as to assertions in written pleadings
General provisions
102Postponement or adjournment
103Language and special requirements
104Fees
105Lodging by electronic communication
106Provision of copies
107Intimation
108Dispensing with intimation
109Evidence of intimation
110Insufficiency or irregularity in intimation
111Orders etc. of the court
112Payments into court
113Time limits
114Non-compliance with a rule or order
115Extension of time and taking procedural step out of time
116Calculation of time
Transition and citation
117Transitional provision
118Citation

2014 No. 229

Scottish Land Court

The Rules of the Scottish Land Court Order 2014

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Land Court, with the approval of the Scottish Ministers, makes the following Order in exercise of the powers conferred by paragraph 12 of the Schedule 1 to the Scottish Land Court Act 19931.