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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11753
Experience:  30 years as a practising solicitor.
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What is the time scale to appeal the sheriff's decision of

Customer Question

What is the time scale to appeal the sheriff's decision of a preliminary hearing of a small claims court in scotland.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
An appeal in a small claim must be made within 14 days of final decree. A decision following a preliminary hearing is not something that can be appealed. However if the decision at that hearing is deemed to be a final decree, the time period for appeal is 14 days.
In other words if the sheriff elects to decide the case at the preliminary hearing there is a 14 day appeal period. If the case is continued to a full hearing the appeal can't be marked until that has been determined.
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Customer: replied 2 years ago.
10/10 Very good.Must the appeal be submitted on a small claims form number 21?
Expert:  JGM replied 2 years ago.
Yes, that is correct.