Understanding the Application to Pause a Case in Scottish Courts

Understanding the Additional Orders Application to Pause a Case in Scottish Courts and Tribunals Service

The Scottish Courts and Tribunals Service provides a formal process through the Standard Order of 07 March 2023 that allows parties involved in a case under the Simple Procedure to request a temporary halt or "pause" to proceedings. This article aims to guide individuals and legal practitioners through the purpose of this application, how to prepare and submit it, and what to expect during the process.

Objective of the Additional Orders Application

The primary purpose of the Additional Orders Application to pause the case is to temporarily suspend all procedural steps and hearings related to a specific case. This can be useful in circumstances where a party needs time to resolve issues outside the court, gather further evidence, or negotiate with the other party. The order ensures that the case remains inactive without being dismissed or progressing prematurely.

It is important to note that the order can be granted without a court discussion if the sheriff considers the application straightforward. Conversely, if the sheriff requires further clarification, a court hearing may be scheduled to decide whether to pause the case.

Preparing Your Application

Gather Necessary Information

• Case details: Ensure you have the case reference number, court location, and the names of the claimant and respondent.
• Reasons for pausing: Clearly state why you are requesting the case to be paused, such as awaiting resolution, settlement negotiations, or personal circumstances.
• Supporting evidence: Collect any documents or correspondence that support your request, as they may be needed if the sheriff requests further information.

Completing the Application

The application to pause the case is typically made in writing, addressed to the sheriff court handling your case. Your request should specify whether you are seeking:

• Automatic pause: If the sheriff grants the application without a hearing.
• Discussion in court: If a hearing is necessary, you will be ordered to attend and discuss your request with the other party and the sheriff.

Submitting the Application

Methods of Submission

Applications can be submitted via the court’s designated process, which may include:

• Online submission: Through the Scottish Courts and Tribunals Service e-portal, if available for your case type.
• In person or by post: Sending the completed application form directly to the court office.

Important Considerations

Ensure your application is clear, concise, and includes all relevant case information. Keep copies of your submission for your records and confirm receipt with the court if possible.

What Happens After Submission?

Decision by the Sheriff

The sheriff will review your application and decide one of the following:

1. Grant the pause: The case will be temporarily halted, with all hearings and procedural steps suspended until further notice.
2. Refuse the pause: The case will continue as scheduled, and procedural steps will proceed.
3. Require a court discussion: The sheriff may schedule a hearing to hear from both parties before making a decision.

Notification and Next Steps

Once a decision is made, the court will notify all parties involved. If the pause is granted, a specific period—up to six months—may be set before the sheriff clerk may contact you to resume proceedings. Failure to respond or act within this period could result in the case being dismissed.

Attending a Court Discussion

If the sheriff orders a discussion in court, both parties must attend at the scheduled date and time. Be prepared to explain your reasons for requesting the pause, and bring any supporting documents. The sheriff will consider all arguments before deciding whether to grant or deny the application.

Contacting the Court

For further assistance or clarification about the application process, contact details for the relevant sheriff court can be found on the Scottish Courts and Tribunals Service website. It is advisable to seek legal advice if you are unsure about how to proceed with your application.

By understanding the process and preparing thoroughly, parties can effectively manage their cases and ensure their procedural rights are protected during the proceedings.