Hamilton v Glasgow Community and Safety Services; Commercial First Business Ltd v Sweeney

Civil procedure – Appeal to Sheriff Appeal Court – Failure to mark appeal timeously. Sheriff Appeal Court: Following a conjoined hearing in two cases in each of which the appellants sought to lodge a note of appeal to the Sheriff Appeal Court, though late, the court concluded that it could consider whether to exercise its discretion under r 2.1 of the Sheriff Appeal Court Rules to relieve the appellants of their failure to lodge their appeals timeously within the 28-day time limit stipulated in r 6.3(1) because that time limit was one which was a requirement of the Rules themselves and not a time limit imposed by the statute under which the appeals had been taken: in one case the court was satisfied that it was appropriate to allow the appeal to be lodged late, but not in the other.

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