Court of Session Act 1988
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Change 1
27C Oral hearings where permission refused, etc.
(1) Subsection (2) applies where, in relation to an application to the supervisory jurisdiction of the Court— (a) the Court— (i) refuses permission under subsection 27B(1) for the application to proceed, or (ii) grants permission for the application to proceed subject to conditions or only on particular grounds, and (b) the Court decides to refuse permission, or grant permission as mentioned in paragraph (a)(ii), without an oral hearing having been held. (2) The person making the application may, within the period of 7 days beginning with the day on which that decision is made, request a review of the decision at an oral hearing. (3) A request under subsection (2) must be considered by a different Lord Ordinary from the one who refused permission or granted permission as mentioned in subsection (1)(a)(ii). (4) Where a request under subsection (2) is granted, the oral hearing must be conducted before a different Lord Ordinary from the one who refused or so granted permission. (5) At a review following a request under subsection (2), the Court must consider whether to grant permission for the application to proceed; and subsections (2), (3) and (4) of section 27B apply for that purpose. (6) Section 28 does not apply— (a) where subsection (2) applies, or (b) in relation to the refusal of a request made under subsection (2).
27C Oral hearings where permission refused, etc.
(1) Subsection (2) applies where, in relation to an application to the supervisory jurisdiction of the Court— (a) the Court— (i) refuses permission under subsection 27B(1) for the application to proceed, or (ii) grants permission for the application to proceed subject to conditions or only on particular grounds, and (b) the Court decides to refuse permission, or grant permission as mentioned in paragraph (a)(ii), without an oral hearing having been held. (2) The person making the application may, within the period of 7 days beginning with the day on which that decision is made, request a review of the decision at an oral hearing. (3) A request under subsection (2) must be considered by a different Lord Ordinary from the one who refused permission or granted permission as mentioned in subsection (1)(a)(ii). (4) Where a request under subsection (2) is granted, the oral hearing must be conducted before a different Lord Ordinary from the one who refused or so granted permission. (5) At a review following a request under subsection (2), the Court must consider whether to grant permission for the application to proceed; and subsections (2), (3) and (4) of section 27B apply for that purpose. (6) Section 28 does not apply— (a) where subsection (2) applies, or (b) in relation to the refusal of a request made under subsection (2).
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