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Applications for leave to appeal to the Inner House from the Sheriff Appeal Court

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Applications for leave to appeal to the Inner House from the Sheriff Appeal Court


29 November 2017

The Inner House has sought to clarify the operation of the “second appeals test” in relation to applications for leave to take civil appeals from the Sheriff Appeal Court to the Inner House. The judgment in Politakis v Spencely & another (available here: https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2017csih74.pdf?sfvrsn=0) approves the discussions in the Scottish case of Eba and the English case of Uphill with regard to assessing what is meant by an “important point of principle or practice” and “other compelling reason” under section 113 of the Courts Reform (Scotland) Act 2014. The court also considered the competency of leave applications being determined by a single judge concluding that a quorum of three was not required. Scott Manson of Axiom Advocates appeared for the first respondent throughout the full history of the proceedings.

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