Part III Civil jurisdiction, procedure and appeals
Summary causes
37 Remits.
1
In the case of any ordinary cause brought in the sheriff court the sheriff F1—
a
shall at any stage, on the joint motion of the parties to the cause, direct that the cause be treated as a summary cause, and in that case the cause shall be treated for all purposes (including appeal) as a summary cause and shall proceed accordingly F2;
b
may, subject to section 7 of the Sheriff Courts (Scotland) Act 1907, on the motion of any of the parties to the cause, if he is of the opinion that the importance or difficulty of the cause make it appropriate to do so, remit the cause to the Court of Session.
2
In the case of any summary cause, the sheriff at any stage—
a
shall, on the joint motion of the parties to the cause, and
b
may, on the motion of any of the parties to the cause, if he is of the opinion that the importance or difficulty of the cause makes it appropriate to do so,
direct that the cause be treated as an ordinary cause, and in that case the cause shall be treated for all purposes (including appeal) as an ordinary cause and shall proceed accordingly:
Provided that a direction under this subsection may, in the case of an action for the recovery of possession of heritable or moveable property, be given by the sheriff of his own accord.
F32A
In the case of any action in the sheriff court F4, being an action for divorce or an action in relation to F5parental responsibilities or parental rights (within the meaning of sections 1(3) and 2(4) respectively of the Children (Scotland) Act 1995) in relation to a child or theF6 guardianship or adoption of a child the sheriff may, of his own accord, at any stage remit the action to the Court of Session.
F72B
In the case of any small claim the sheriff at any stage—
a
may, if he is of the opinion that a difficult question of law or a question of fact of exceptional complexity is involved, of his own accord or on the motion of any party to the small claim;
b
shall, on the joint motion of the parties to the small claim,
direct that the small claim be treated as a summary cause (not being a small claim) or ordinary cause, and in that case the small claim shall be treated for all purposes (including appeal) as a summary cause (not being a small claim) or ordinary cause as the case may be.
2C
In the case of any cause which is not a small claim by reason only of any monetary limit applicable to a small claim or to summary causes, the sheriff at any stage shall, on the joint motion of the parties to the cause, direct that the cause be treated as a small claim and in that case the cause shall be treated for all purposes (including appeal) as a small claim and shall proceed accordingly.
F82D
In the case of any action in the sheriff court where the matter to which the action relates could competently be determined by the Land Court by virtue of the Agricultural Holdings (Scotland) Act 1991 (c. 55) or the Agricultural Holdings (Scotland) Act 2003 (asp 11), the sheriff may (of his own accord or on the motion of any of the parties) at any stage remit the case to the Land Court if he is of the opinion that it is appropriate to do so.
F93
A decision—
a
to remit, or not to remit, under subsection (2A) F10(2B) or (2C) above; or
b
to make, or not to make, a direction by virtue of paragraph (b) of, or the proviso to, subsection (2) above,
shall not be subject to review; but from a decision to remit, or not to remit, under subsection (1)(b) above an appeal shall lie to the Court of Session.
4
In this section “sheriff” includes a sheriff principal.