Courts Reform ( Scotland) Bill – Sheriff Appeal Court

Part three of our series of e-updates on court reform addresses the establishment of a new Sheriff Appeal Court.

At present appeals from the Sheriff Court in civil cases can be made either to the Sheriff Principal or direct to the Inner House of the Court of Session. The choice is largely down to the parties. The Bill sets up a new Sheriff Appeal Court which is intended to hear the vast majority of appeals from Sheriff Courts.

Rights of appeal

The Bill makes three keys changes to rights of appeal in civil cases:

1) The right to appeal the decision of a Sheriff to the Inner House of the Court of Session has, in most cases, been repealed. Appeals must be made to the Sheriff Appeal Court in the first instance.

2) Appeals may be remitted from the Sheriff Appeal Court to the Court of Session only if the Sheriff Appeal Court is satisfied that the appeal raises a complex or novel point of law.

3) The decision of the Sheriff Appeal Court may...