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Court of Session Act 1988

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This is the original version (as it was originally enacted).

40Appealable interlocutors

(1)Subject to the provisions of any other Act restricting or excluding an appeal to the House of Lords and of sections 27(5) and 32(5) of this Act, it shall be competent to appeal from the Inner House to the House of Lords—

(a)without the leave of the Inner House, against a judgment on the whole merits of the cause, or against an interlocutory judgment where there is a difference of opinion among the judges or where the interlocutory judgment is one sustaining a dilatory defence and dismissing the action;

(b)with the leave of the Inner House, against any interlocutory judgment other than one falling within paragraph (a) above.

(2)An interlocutor of the Court granting or refusing a new trial, on an application under section 29 of this Act, shall be appealable without the leave of the Court to the House of Lords; and on such an appeal the House of Lords shall have the same powers as the Court had on the application and in particular the powers specified in sections 29(3) and 30(3) of this Act.

(3)It shall be incompetent to appeal to the House of Lords against an interlocutor of a Lord Ordinary unless the interlocutor has been reviewed by the Inner House.

(4)On an appeal under this section all the prior interlocutors in the cause shall be submitted to the review of the House of Lords.

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