Recall of the decision of the sheriff.
In certain circumstances, you can apply to the court to have the decision of the sheriff recalled. This is not the same as an Appeal. Please see ‘Appeals’ below for further information.
When can I recall the decision of a sheriff?
Part 13 Rule 13.5 explains the situations when you may apply to have the decision recalled.
How do I apply to recall the decision of the sheriff?
You may apply to have a decision of a sheriff recalled by completing an Application to Recall (Form 13B). The application must be sent to the other party. A copy of the application must also be sent to the court along with evidence that you sent the application to the other party in the claim (e.g. a postal receipt or a copy of an email).
If you are the respondent and the sheriff made a decision following an Application for a Decision (Form 7A), you must include a completed Response Form (Form 4A) with your Application to Recall (Form 13B)
When completing the application to recall, you must set out clearly the reasons why you wish to recall the decision that has been made.
How do I object to the decision being recalled?
To object to an application, you must complete part D of the application form that you have received, setting out the objection. This must be sent to the court within 10 days of the application being sent to you.
What will the sheriff do with the application?
The sheriff will consider the application and any objections that may have been sent to the court. The sheriff may then do one of three things:
- Grant the application, and recall the decision.
- Refuse the application or
- Order parties to appear at a discussion in court, where the sheriff will consider whether to recall the decision.
If the application is granted, the sheriff must give each party orders setting out the next steps they are to take to allow the dispute to be resolved.
Part 13 Rules 13.5 – 13.7 of the simple procedure rules explains about recalling the decision of a sheriff.
You can appeal the decision of a sheriff at the end of your case. You may not appeal a decision if you can apply for the decision to be recalled. Please see ‘Recall of the decision of the sheriff’ above for further information.
You may also wish to seek legal advice before completing the appeal form. If you need legal advice, the Law Society of Scotland can provide contact details for solicitors in your area. See the Law Society of Scotland website and ‘Representation and Advice’ for further information.
How do I appeal a decision?
If you want to appeal a decision made by a sheriff, you must do this within 4 weeks from the Decision being sent to you by the sheriff clerk. You must complete an Appeal Form (Form 16A) and send it to the court that dealt with the claim. At the same time you must also send a copy of the Appeal Form to the other party in the claim. The Appeal Form must set out the legal points you want the Sheriff Appeal Court to answer.
You will need to pay a fee to the court when submitting your Appeal Form. The current fees can be found in the Sheriff Court Fees section of the SCTS website. You may be entitled to fee exemption, for example, if you receive certain state benefits. The fee exemption application form and further information about fee exemption can be found in the Court Fees (link) section of the website.
Within 4 weeks of the court receiving your Appeal Form, the sheriff who made the decision in your case must then complete a draft Appeal Report (Form 16B). This report must set out the factual and legal basis for the sheriff’s decision and this report will also set out legal questions for the Appeal Court to answer.
What do I do with the Appeal Report?
Within 2 weeks of the draft Appeal Report being sent to all parties, you may then send the sheriff a note of any other legal points you wish the Sheriff Appeal Court to answer and a note of any factual points in the draft report that you disagree with.
The sheriff may then order a discussion in court to consider whether amendments should be made to the Appeal Report. After that, the sheriff may then amend and sign the Appeal Report. The Appeal Report is then sent to all parties and to the Sheriff Appeal Court.
What does the Sheriff Appeal Court do with the appeal?
The Sheriff Appeal Court will inform all parties of the date, place and time of the appeal hearing. At the end of the appeal hearing the Sheriff Appeal Court may either make a decision there and then or may take time to consider the decision.
If a decision is made there and then, the reasons for the decision will be explained at the hearing.
If the Sheriff Appeal Court takes time to consider a decision, the decision must be made within 4 weeks from the date of the hearing. The court must prepare a note of the reasons for the decision, and the Clerk of the Sheriff Appeal Court will send a copy of that note to you and the other parties.
The Sheriff Appeal Court may alter the decision which the sheriff made by either amending the Decision Form (Form 13A) or issuing a new Decision Form (Form 13A).
Part 16 of the simple procedure rules explains how to appeal a decision.