Scotland court deadlines
When must an eligible ordinary Lands Tribunal appeal reach the Court of Session?
An eligible point-of-law appeal in Form 41.25 ordinarily uses 42 days after actual decision intimation, or intimation of a statement of reasons issued later. Section 11 exclusions, a special statutory period and permission-event branches require their own route. The ordinary default must actually apply.
- Period
- 42 calendar days after the exact actual event for the selected branch
- Trigger
- actual intimation of the eligible decision or its later statement of reasons
- Rule
- Tribunals and Inquiries Act 1992 s 11(1),(2),(7); RCS 1.3(7),41.24-41.26
Current maintained rules and official statutory text reviewed. The exact applicable procedural edition must govern. Supported event and endpoint dates are within 2024 through 2028.
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When must an eligible ordinary Lands Tribunal appeal reach the Court of Session?
An eligible point-of-law appeal in Form 41.25 ordinarily uses 42 days after actual decision intimation, or intimation of a statement of reasons issued later. Section 11 exclusions, a special statutory period and permission-event branches require their own route. The ordinary default must actually apply.
Responsible actor. Party dissatisfied in point of law with an eligible Lands Tribunal for Scotland decision.
Establish actual intimation of the eligible decision or its later statement of reasons.
The point-of-law appeal falls within section 11 as applied to the Lands Tribunal for Scotland. The selected route uses Form 41.25 rather than a separate stated-case route.
Only the confirmed ordinary source branch is calculated. The actual court, event, applicable edition, completion process and any different period must be established.
Tribunals and Inquiries Act 1992 s 11(1),(2),(7); RCS 1.3(7),41.24-41.26How does this provision count time?
- Exclude the actual event day and apply the fixed period for the selected branch.
- The express court provision moves a closed-day endpoint to the next confirmed working day. Supply every relevant court closure. National bank holidays alone do not establish court closure.
- Complete the actual required act, with its supporting documents, copies and cutoff.
Exclude the actual event day. Count the exact fixed calendar-day period for the selected branch.
The express court provision moves a closed-day endpoint to the next confirmed working day. Supply every relevant court closure. National bank holidays alone do not establish court closure.
Tribunals and Inquiries Act 1992 s 11(1),(2),(7); RCS 1.3(7),41.24-41.26What do independently checked examples show?
Fictitious example
Fictional established facts. The actual intimation to the appellant of the decision appealed against occurs on Tuesday, October 13, 2026. The selected source route, standing, ordinary period and required completion process are established.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Fictional established facts. The actual intimation to the appellant of the decision appealed against occurs on Tuesday, October 13, 2026. The selected source route, standing, ordinary period and required completion process are established. Exclude the actual event day. Count 42 calendar days to Tuesday, November 24, 2026. The relevant court is confirmed open on that date. | Tuesday, November 24, 2026 |
| Example 2. Material procedural branch | Fictional established facts. The actual intimation to the appellant of the decision appealed against occurs on Thursday, February 29, 2024. The selected source route, standing, ordinary period and required completion process are established. Exclude the actual event day. Count 42 calendar days to Thursday, April 11, 2024. The relevant court is confirmed open on that date. | Thursday, April 11, 2024 |
| Example 3. Closed-day boundary | Fictional established facts. The actual intimation to the appellant of the decision appealed against occurs on Tuesday, October 13, 2026. The selected source route, standing, ordinary period and required completion process are established. The actual relevant court is confirmed closed on Tuesday, November 24, 2026. Exclude the actual event day. Count 42 calendar days to Tuesday, November 24, 2026. The express court rule moves the endpoint to the next confirmed working date, Wednesday, November 25, 2026. | Wednesday, November 25, 2026 |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Source condition 1
- The point-of-law appeal falls within section 11 as applied to the Lands Tribunal for Scotland. The selected route uses Form 41.25 rather than a separate stated-case route.
- Source condition 2
- This is not an excluded valuation matter under Lands Tribunal Act 1949 s 1(3A), Long Leases (Scotland) Act 2012 s 21 or69, or an excluded proceeding under Abolition of Feudal Tenure etc. (Scotland) Act 2000 s 20.
- Source condition 3
- No special enactment supplies a different period or route. RCS 41.26(2) and (3) do not apply. Any actual permission requirement and supporting-document requirements are met.
- Source condition 4
- The selected decision-intimation or later-reasons event actually occurred. Later correspondence does not restart the period.
- Source condition 5
- No special statutory period, extension, sist, revised order or historical transition changes the selected ordinary period.
- Source condition 6
- I checked the actual Office of Court calendar and the rolls. No published notice specifies another completion date under RCS 1.3(7).
- Only the confirmed ordinary source branch is calculated. The actual court, event, applicable edition, completion process and any different period must be established.
- An application for permission, request for a case, lodging of a settled case and a notice to another party are different acts. One period does not replace another.
What must the responsible actor complete?
Questions about this procedure
When must an eligible ordinary Lands Tribunal appeal reach the Court of Session?
When must an eligible ordinary Lands Tribunal appeal reach the Court of Session?
An eligible point-of-law appeal in Form 41.25 ordinarily uses 42 days after actual decision intimation, or intimation of a statement of reasons issued later. Section 11 exclusions, a special statutory period and permission-event branches require their own route. The ordinary default must actually apply.
Tribunals and Inquiries Act 1992 s 11(1),(2),(7); RCS 1.3(7),41.24-41.26Does this period apply to every Lands Tribunal decision?
No. Section 11 excludes the specified valuation, Long Leases and feudal-tenure proceedings. A special enactment, stated-case route or permission-event branch may use another process or period. Establish that the ordinary Form 41.25 default actually applies.
Tribunals and Inquiries Act 1992 s 11(1),(2),(7); RCS 1.3(7),41.24-41.26How does this workflow handle a closed court day?
The express court provision moves a closed-day endpoint to the next confirmed working day. Supply every relevant court closure. National bank holidays alone do not establish court closure.
Rules of the Court of Session 1.3(7),41.24-41.26Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| Tribunals and Inquiries Act 1992 s 11(1),(2),(7); RCS 1.3(7),41.24-41.26 | Check the identified procedure, event, counting rule or qualification |
| Rules of the Court of Session 1.3(7),41.24-41.26 | Check the identified procedure, event, counting rule or qualification |