Sheriff Principal meaning

FORTHCOMING CHANGE : On 30 January 2024, the Trusts and Succession (Scotland) Act 2024 obtained Royal Assent, representing the first review of Scottish trusts law in more than a century since the principal Trusts (Scotland) Act 1921 was enacted. The trusts provisions will require secondary legislation from Scottish Ministers before they commence, whereas the succession provisions took effect on 30 April 2024. Key changes intended to modernise the law are outlined in News Analysis: Trusts and Succession (Scotland) Bill passed. Practice Notes addressing Scottish trusts and succession will be updated as required to reflect this new legislation. This Practice Note explains the procedure for obtaining confirmation in Scotland for testate estates, in scenarios both where no inheritance tax (IHT) is payable and where IHT is due. For guidance on confirmation in intestate estates, see Practice Note: Application for confirmation in Scotland—intestate cases. What is confirmation? ‘Confirmation’ is a document issued by a Sheriff Court that confirms the appointment of executors, whether the appointment was made...

Main remedies in Scottish landlord and tenant disputes The principal remedies available in the context of landlord and tenant disputes in Scotland are: Interdict Specific implement Payment action Damages action Rescission Retention of rent Irritancy Hypothec Action for recovery of heritable property Interdict Interdict is a court remedy used to restrain an actual or threatened breach of contract by a party; for example, a landlord may seek it to stop a tenant using the premises for a purpose other than that for which it is let. It is the counterpart of the English remedy of injunction. An interdict can be obtained in the Court of Session (by petition or summons, see: Introduction: Stair Memorial Encyclopaedia [88]) or in the sheriff court (by initial writ, see: Form of writ: Stair Memorial Encyclopaedia [382]). If brought in the sheriff court, proceedings must be raised where the defender is domiciled or where the alleged wrong is occurring....

Civil justice reform See our Practice Note, Civil justice reform in Scotland-virtual hearings and electronic submission of documents, for guidance on the current rules and practice in the Scottish civil courts regarding virtual hearings and the electronic signing, transmission and lodging of documents. The Note introduces the Inner House of the Court of Session and examines its composition, jurisdiction, personnel and court rolls in detail as applicable. It sets out the principal kinds of appeal competent to the Inner House of the Court of Session and summarises the nature, time-limits and procedure for: each of the following: applications for a new civil jury trial appeals from the Sheriff Appeal Court statutory appeals appeals by way of stated case petitions to the nobile officium For detailed guidance on reclaiming motions, see Practice Note: Reclaiming motions in the Inner House of the Court of Session in Scotland and Procedural requirements for reclaiming key interlocutors to the Inner House of the Court...