Civil Engineering Reference
In-Depth Information
in order to reinstate the pursuer or petitioner in the action to the position he would
have been in had the interdict been obtained. This can include an order to reinstate
possession or the granting of specific relief.
Caveats
Caveats are a form of early warning procedure. They are documents lodged with the
court to allow the party lodging them to be given notice of applications for orders
being made where, in the absence of a caveat, those orders could be granted without
any notice being given.
Caveats can be lodged to give notice only of certain orders, as specified in the court
rules. These include interim interdict, orders for sequestration (bankruptcy) of an
individual, orders for the appointment of a liquidator or an administrator to a com-
pany and other interim orders.
It is not possible, by lodging a caveat, to gain notice of arrestment or inhibitions
being sought.
15.2.4 Appeals
In the Sheriff Court, parties have, in certain defined circumstances, a right of appeal
to the Sheriff Principal or to the Court of Session. Leave (or permission) to appeal is
necessary in certain circumstances. A further appeal from the Sheriff Principal to the
Court of Session may also be competent. he appeals procedure in the Sheriff Court is
regulated by the Sheriff Courts (Scotland) Act 1907 as amended by the Sheriff Courts
(Scotland) Act 1971.
It should be noted that the Courts Reform (Scotland) Bill (see Section 15.2.1) pro-
videsfortheestablishmentandrulesoftheSherifAppealCourt,todealwithallcivil
appeals from the Sheriff Court. The right to take an appeal directly from the Sheriff
Court to the Court of Session will cease. Sheriffs Principal will become Appeal Sher-
iffs, and provision is made for the appointment of a President and Vice-President with
administrative functions.
The appeal function of the Court of Session is exercised by the Inner House. If an
appeal is taken from a Court of Session judge's decision, it is known as a Reclaim-
ing Motion. As with the Sheriff Court, leave to appeal may be required in certain
circumstances.
Finally,anappealfromtheInnerHouseoftheCourtofSessiontotheSupreme
Court may be competent. The appeals procedure in the Court of Session is regulated
by the Rules of the Court of Session 1994. The method by which an appeal to the
Supreme Court can be taken is regulated by the Court of Session Act 1988 and the
Supreme Court Rules 2009.
