The search tool below will help you to identify court(s)/authority(ies) competent for a specific European legal instrument. Please note that although every effort has been made to ascertain the accuracy of the results, there may be some exceptional cases concerning the determination of competence that are not necessarily covered.
The existing rules of court in both the Sheriff Court and Court of Session in Scotland give effect to the Regulation with any necessary adaptations.
The rules provide that an application for rectification or withdrawal of a European Enforcement Order Certificate is to be in the form set out in Annex VI to the Reulation. The form is to be lodged with the Sheriff Clerk for Sheriff Court applications. Court of Session applications are treated as though they are petitions and should be lodged with the Assistant Clerk of Session in the Court of Session.
The forms and Rules can also be accessed on the Scottish Courts and Tribunals Service website at the link below:
Article 19(1) requires that the debtor must be entitled to apply for a review of the judgment in circumstances where the document instituting the proceedings did not reach him or he was prevented from objecting to the claim through no fault of his own.
The existing rules of court in both the Sheriff Court and Court of Session in Scotland will be used to give effect to the Regulation with any necessary adaptations.
The relevant Sheriff Court Rules and Court of Session Rules are summarised below. The full text of the rules and the relevant forms can be found at: http://www.scotcourts.gov.uk/.
As from 28 November 2016, if you are raising a claim which has a monetary value of £5000 or less which seeks payment, delivery or recovery of possession of moveable property or an order for someone to do something specific, you should use the Simple Procedure.
Review of the judgment:
There are two types of review - recall of decision and appeal.
Under Rule 13.6 a party may apply for a recall of a decision made by lodging an Application to Recall using Form 13B(1) for decision made before 30 July 2018 or Form 13B(2) for decisions made on or after 30 July 2018 explaining the reasons why the decision should be recalled. The party should also complete a Response Form (Form 4A) and send it to the court along with the appropriate Form 13B.
Under Rule 16.2 a party may appeal to the Sheriff Appeal Court by lodging an Appeal (Form 16A) within 4 weeks from the Decision Form being sent specifying the points of law that the Sheriff Appeal Court is to consider.
The rules in full can be found in the Sheriff Courts section of:
under the Act of Sederunt governing Simple Procedure. The forms and Standard Orders can be found in the section below that.
Certificates sent to Scotland will be accepted in English.
Where authentic instruments are recorded for preservation and execution in the Books of Council and Session then the Keeper of the Registers will issue the certificate.
The contact details for the Keeper of the Records are:
Registers of Scotland
68 Queen Street
Tel.: 0845 607 0161
Where the instrument is registered in the Sheriff Court books for preservation and execution then the sheriff clerks will issue the certificate. In terms of the Rule 5 of the Sheriff Court European Enforcement Rules, an application for a certification under Article 25(1) of the Regulation shall be accompanied by an affidavit. The details of Sheriff Courts can be found by navigating in the Courts and Tribunals Locations section of the SCTS website under "Court Locations".
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