An appeal under Chapter 7 procedure will usually take place within Parliament House, Edinburgh before a bench of three Appeal Sheriffs.

The Court will appoint the appeal to the procedure which it considers proportionate for the disposal of the appeal. Accordingly it will have regard to the views expressed by parties as well as the value and importance of the claim and the complexity of the issues of fact and law raised.

A formal timetable will be issued to parties in this procedure which outlines the various dates on which each step of process must be completed, such as lodging of documents. It is likely that parties’ attendance will be required at one or more Procedural Hearings before the Court decides the case is ready to proceed to an Appeal Hearing.

An appeal under Chapter 8 procedure will take place within the same sheriffdom (area of Scotland) in which the sheriff court action took place. It is likely that the Appeal Hearing will take place in the same sheriff court as the original action in order to convenience parties. It may also be heard by written submissions. The Appeal Hearing will take place before one Appeal Sheriff.

Again, the Court will appoint the appeal to the procedure which it considers proportionate for the disposal of the appeal after having regard to parties’ views and the complexity of the case. Certain cases are presumed to be more suitable for Chapter 8 Procedure such as those appeals which are against decisions i) of a procedural nature ii) granting decree by default or in absence iii) refusing a reponing note iv) granting interim or summary decree or v) sisting an action.

Although this procedure may be quicker than Chapter 7 Procedure it is not guaranteed. No formal timetable is issued to parties in this procedure - it is likely that the appeal will proceed straight to an Appeal Hearing.

The final decision as to whether the appeal is placed on Chapter 7 procedure or Chapter 8 procedure is one which will be made by the Court.

There are two ways to lodge a motion in the Sheriff Appeal Court. Those lodged in terms of Chapter 14 are commonly referred to as e-motions while those lodged in terms of Chapter 15 are commonly known as written motions.

In order to lodge an e-motion both parties must have provided an email address and consented to transacting business electronically. This is important as there are shorter time periods in relation to motions in terms of Chapter 14. The list of those registered is held on the Scottish Courts and Tribunals website and can be found under the Useful Links section at the right hand side of this webpage.

If one or more parties are not registered to transact motion business electronically then parties must lodge a written motion instead.

All e-motions should be lodged by sending an email to SACmotions@scotcourts.gov.uk

Written motions should also be lodged by sending an email to SACmotions@scotcourts.gov.uk unless the appeal has already been appointed to Chapter 8 procedure or is in relation to a single bench appeal, in which case you will be provided with a specific email address for the office which is case-managing your appeal within the local sheriffdom.

For all enquiries relating to the Sheriff Appeal Court

call 0131 225 2595 to be connected to the Supreme Courts switchboard

Select option 4 for the Sheriff Appeal Court and then option 1 for the civil office. If you wish to speak to a member of staff in person please contact us in order that a suitable time and date can be identified.

All current and new documents, other than motions, including new Notes of Appeal should be lodged by e-mail to SAC.civil@scotcourts.gov.uk in the first instance.

The document will be deemed to have been lodged with the Court on the date when the email with the document is received at this e-mail address. This email inbox will be monitored during working hours. Urgent matters will be prioritised while non-urgent matters may take longer to be progressed.

The Sheriff Appeal Court procedural court will proceed on a remote basis by using Cisco Webex Meetings software unless the Court directs otherwise.

Substantive appeal hearings will take place in person unless the Court directs otherwise. 

Telephone conference facilities will be available as a backup should technical difficulties be encountered and may also be used when the Court so directs.

Helpful information can be found in the New Court User’s Guide.

This guide is designed to assist parties and their lay representatives with some aspects of procedure within the civil Sheriff Appeal Court.

It is not a comprehensive guide to litigation in the civil Sheriff Appeal Court and should not be considered as such. It would be helpful if parties could consult this document in the first instance before contacting the Sheriff Appeal Court office.

If you have any comments or feedback we would welcome same to SAC.Civil@scotcourts.gov.uk