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Davidkinnen (talk | contribs) →Section 112: Stated Section 112 and added weblink for cited case |
Davidkinnen (talk | contribs) →Remitting and referring cases to Supreme Courts: Added detail on Section 120 |
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The Sheriff Appeal Court can refer [[question of law|questions of law]] to the [[High Court of Justiciary]] under Section 120 of the 2014 Act. The referral can be granted either at the request of either [[party (law)|party litigant]], or on the Court's own initiative. The High Court is then able to answer the question of law, and to further direct the Sheriff Appeal Court on how to deal with the appeal.<ref name="act2014" />{{rp|Section 120}}
====Section 112 civil remittance====
The Sheriff Appeal Court can ''remit'' an appeal to the [[Inner House]] under Section 112 of the Courts Reform (Scotland) Act 2014 provided an application is made by a [[party (law)|party]] to the case and,
{{Cquote|if [the Court is] satisfied that the appeal raises a complex or novel point of law}}
Once remitted the case is treated as though the appeal began with the Court of Session.<ref name="act2014" />{{rp|Section 112}}
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For such to be the case this court requires to find that the case raises a point of wider interest which will have general application. We preferred the submission of the respondent to the effect that the case should not be viewed as having the prospect of establishing an important precedent.}}
The Appeal Sheriffs believe that the [[appellant]]s arguments would potentially allow for the case to be resolved without [[trial|proof]], and that no significant [[question of law]] was at stake, nor was there any compelling [[public interest]].<ref name="firsttimevsfraser">{{Cite court|litigants=First Time Limited vs Alexander Fraser (Liquidator of Denmore Investments Limited)|vol=2016|reporter=SAC (Civ)|opinion=9|court=Sheriff Appeal Court (Civil)|date=14 September 2016|accessdate=17 April 2017|url=http://www.scotcourts.gov.uk/docs/default-source/sheriff-appeal-court-%28civil%29/2016-sac-%28civ%29-009.pdf?sfvrsn=2}}</ref><ref name="remittest">{{cite web|title=Sheriff Appeal Court sets out test for remit to Court of Session after refusing motion|url=http://www.scottishlegal.com/2016/10/20/sheriff-appeal-court-sets-out-test-for-remit-to-court-of-session-after-refusing-motion/|website=scottishlegal.com|publisher=Scottish Legal News|accessdate=17 April 2017|date=20 October 2016}}</ref>
====Section 120 criminal referral====
The Sheriff Appeal Court can ''refer'' a [[question of law|point of law]] to the High Court of Justiciary, when it,
{{Cquote|considers that the point is a complex or novel one}}
Unlike a remittance of a case to the Court of Session, the Sheriff Appeal Court can refer a point of law on its own initiative under Section 120 Paragraph (2)(b). The High Court is empowered by this section to direct further the procedure or judgment of the appeal.<ref name="act2014" />{{rp|Section 120}}
==Judges and office holders==
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