Understanding the Application to Recall (Form 13B) in Scottish Courts

Understanding the Application to Recall Form (Form 13B) in Scottish Courts and Tribunals Service

The Application to Recall form, designated as Form 13B, is an official document used within the Scottish legal system, specifically in the context of simple procedure cases managed by the Scottish Courts and Tribunals Service. This form plays a crucial role in seeking the court’s intervention to revisit and potentially overturn a decision made during a case, typically due to procedural issues such as a party’s failure to attend a hearing or submit necessary responses.

When and Why to Use the Application to Recall

This form is primarily used when a party involved in a simple procedure case wishes to request the sheriff to recall a decision. For example, if a respondent did not attend a hearing or failed to send a Response Form before the deadline, they can apply to have the decision reconsidered. The application is also relevant if a claimant or respondent believes that the decision was made in error or based on incomplete information.

It is important to note that the application must be grounded in the rules specified in rules 13.5 to 13.7 of the Simple Procedure Rules. These rules outline the circumstances under which a decision can be recalled and provide procedural guidance for submitting such applications.

Key Components of the Form

Part A: About the Case

• Claimant or Respondent: The form requires identification of the party applying to recall the decision, including the case reference number for precise identification.

Part B: About You

• Name: Full legal name, including first, middle, and surname.
• Party Role: Indicate whether you are the Claimant or Respondent.

Part C: The Application

• Reason for Recall: The applicant must clearly state why the case should be recalled, such as non-attendance or failure to respond.
• Date Sent: The date when the application was dispatched to the court, whether by email or post.

Part D: The Reply

• Full Name: The respondent’s name if they are replying to the application.
• Decision on Recall: The respondent must indicate whether they agree that the case should be recalled.
• Objections: If the respondent objects to the recall, they must provide reasons why the court should not proceed with recalling the case.

Procedural Steps and Deadlines

Once the application is completed, it must be returned to the court within 10 days of the date the application was sent. The court will then consider the application and decide whether to:

1. Recall the case and potentially reopen proceedings;
2. Refuse the application and uphold the original decision; or
3. Order a hearing to discuss the matter further in court.

Points of Attention and Practical Advice

Applicants should ensure that their reasons for requesting a recall are clear, specific, and supported by relevant facts. It is essential to adhere strictly to the 10-day deadline to avoid the application being dismissed on procedural grounds. Additionally, if you are responding to an application to recall, it is crucial to provide a well-founded reply, especially if you oppose the recall, to strengthen your position before the court.

Finally, understanding the legal context and rules governing simple procedure cases can significantly improve the chances of a successful application. When in doubt, seeking legal advice or assistance from a qualified professional familiar with Scottish civil procedures is advisable.