Scotland court deadlines
When must the written request for a competent special case reach the Principal Clerk?
Rule 83 requires written notification to the Principal Clerk within 4 weeks after actual intimation of the relevant Land Court decision. A nonfinal decision requires justification and may lead to deferral of the special-case procedure. Rule 116 expressly extends a closed-day endpoint to the next working day for the court.
- Period
- 28 calendar days after the exact actual event for the selected branch
- Trigger
- actual intimation to the party of the decision in respect of which the question arises
- Rule
- Scottish Land Court Act 1993 s 1(7),(7A); Scottish Land Court Rules 2014 rr 83,116
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 the written request for a competent special case reach the Principal Clerk?
Rule 83 requires written notification to the Principal Clerk within 4 weeks after actual intimation of the relevant Land Court decision. A nonfinal decision requires justification and may lead to deferral of the special-case procedure. Rule 116 expressly extends a closed-day endpoint to the next working day for the court.
Responsible actor. Party requiring a competent special case on a question of law.
Establish actual intimation to the party of the decision in respect of which the question arises.
The question and proceedings qualify under section 1(7). The section 1(7A) agricultural-holdings and Land Reform 2016 s 116 exclusions do not apply. A direct statutory appeal is a separate route.
Only the confirmed ordinary source branch is calculated. The actual court, event, applicable edition, completion process and any different period must be established.
Scottish Land Court Act 1993 s 1(7),(7A); Scottish Land Court Rules 2014 rr 83,116How 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.
Scottish Land Court Act 1993 s 1(7),(7A); Scottish Land Court Rules 2014 rr 83,116What do independently checked examples show?
Fictitious example
Fictional established facts. The actual intimation to the party of the decision in respect of which the question arises 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 party of the decision in respect of which the question arises 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 28 calendar days to Tuesday, November 10, 2026. The relevant court is confirmed open on that date. | Tuesday, November 10, 2026 |
| Example 2. Material procedural branch | Fictional established facts. The actual intimation to the party of the decision in respect of which the question arises 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 28 calendar days to Thursday, March 28, 2024. The relevant court is confirmed open on that date. | Thursday, March 28, 2024 |
| Example 3. Closed-day boundary | Fictional established facts. The actual intimation to the party of the decision in respect of which the question arises 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 10, 2026. Exclude the actual event day. Count 28 calendar days to Tuesday, November 10, 2026. The express court rule moves the endpoint to the next confirmed working date, Wednesday, November 11, 2026. | Wednesday, November 11, 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 question and proceedings qualify under section 1(7). The section 1(7A) agricultural-holdings and Land Reform 2016 s 116 exclusions do not apply. A direct statutory appeal is a separate route.
- Source condition 2
- I established actual intimation to this party of the relevant decision. A later request for reasons or unrelated correspondence does not replace it.
- Source condition 3
- For a nonfinal decision, the notification explains why a special case is appropriate at this stage in the interests of a just and fair disposal. The Chairman may defer the special-case procedure.
- Source condition 4
- This is the written request to the Principal Clerk. It does not calculate lodging a finished case in the Court of Session or suspend other procedural duties.
- 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 Land Court working-day calendar and included every nonworking date affecting the Rule 116 extension.
- 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 the written request for a competent special case reach the Principal Clerk?
When must the written request for a competent special case reach the Principal Clerk?
Rule 83 requires written notification to the Principal Clerk within 4 weeks after actual intimation of the relevant Land Court decision. A nonfinal decision requires justification and may lead to deferral of the special-case procedure. Rule 116 expressly extends a closed-day endpoint to the next working day for the court.
Scottish Land Court Act 1993 s 1(7),(7A); Scottish Land Court Rules 2014 rr 83,116Is this the deadline to lodge a finished appeal?
No. Rule 83 concerns written notification to the Principal Clerk requiring a competent special case. Section 1(7A) excludes the specified agricultural-holdings and Land Reform proceedings. A nonfinal decision requires justification, and the Chairman may defer the special-case procedure.
Scottish Land Court Act 1993 s 1(7),(7A); Scottish Land Court Rules 2014 rr 83,116How 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.
Scottish Land Court Act 1993 s 1(7),(7A); Scottish Land Court Rules 2014 rr 83,116Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| Scottish Land Court Act 1993 s 1(7),(7A); Scottish Land Court Rules 2014 rr 83,116 | Check the identified procedure, event, counting rule or qualification |
| Scottish Land Court Act 1993 s 1(7),(7A) | Check the identified procedure, event, counting rule or qualification |