PART 3INITIATION AND PROGRESS OF AN APPEAL

CHAPTER 6INITIATION AND PROGRESS OF AN APPEAL

Urgent disposal objection: determinationI16.8

1

Where an application for urgent disposal made under rule 6.7(4) is opposed or a party makes representations objecting to urgent disposal in accordance with rule 6.7(6)(b), before ordering urgent disposal the procedural Appeal Sheriff must—

a

give parties an opportunity to be heard on the matter; or

b

order the Clerk to intimate to parties that the matter will be considered on written submissions and specify the date by which such submissions are to be lodged.

2

At a hearing under paragraph (1)(a) or in written submissions lodged under paragraph (1)(b), the parties must provide the procedural Appeal Sheriff with an assessment of the likely duration of the hearing to determine the appeal.

3

When ordering urgent disposal of an appeal, the procedural Appeal Sheriff must make an order specifying—

a

the procedure to be followed in the appeal;

b

the number of appeal sheriffs who will hear the appeal, taking into account the matters mentioned in rule 6.11(3); and

c

where the appeal is to proceed under Chapter 7 procedure, the periods for complying with each procedural step.

4

The procedural Appeal Sheriff must not make an order under rule 6.11(2) until the matter of urgent disposal has been determined.