Decisions

Once the Tribunal has had the opportunity to consider carefully all the evidence and submissions presented at the hearing, together with its own impressions from any site inspection, it issues a written decision in the form of an Order and Opinion of the Tribunal.

What is an Order?

A written Order formally sets out the Tribunal’s decision on the case. It may also give details of any expenses awarded. An accompanying Opinion gives the Tribunal’s reasoning for reaching the decision.

The Tribunal’s Final Order may require a party to the dispute to do something, and the Order can be enforced against him if it is not fulfilled. The Tribunal has direct power to make awards of expenses. Some types of Order require to be enforced by Registration, and you should seek specific advice on that.

The Tribunal sends a copy of the Order to all the parties to the case by Recorded Delivery letter.

When does the Tribunal’s Order become effective?

The Tribunal’s Order generally takes effect after the expiry of the period in which an appeal can be made. However, if the Tribunal’s decision is appealed, the Order does not take effect until the appeal is abandoned, terminated or decided upon.

Where a title condition is varied or discharged subject to the payment of any compensation awarded by the Tribunal, the Order does not take effect until endorsed by the Tribunal to the effect either that the compensation has been paid or that the persons to whom any compensation is still due have agreed to the Order taking effect. The Tribunal may direct that any compensation shall be paid within a specified time, and that unless it is paid accordingly, the Order shall be void on the expiry of that time.

If an application is unopposed or all objectors have informed the Tribunal that they consent to the Order taking effect immediately and the Order is so certified, the Order takes effect on the date on which it is made.

What if I am dissatisfied with the Tribunal’s decision?

If you believe that the Tribunal has come to a wrong conclusion, then you may appeal against the decision.

You may appeal on a point of law against a Tribunal decision by making a written appeal direct to the Court of Session, Scotland’s highest civil court. You may have a choice between a direct appeal, and an appeal by way of Stated Case. You must lodge your appeal no later than 42 days after the decision was intimated to you.

You must submit your appeal in accordance with the provisions and procedures set out in the Tribunals and Inquiries Act 1992 and the Rules of the Court of Session 1994.

It is not easy to give a comprehensive explanation of what is meant by a “point of law”. It can be said that the Court of Session will not hear more evidence. It will have to accept the facts found by the Tribunal unless there is some reason why the Tribunal can be said to have erred in law in accepting these facts.

Although you can lodge an appeal yourself, it is always worth taking legal advice at the appeal stage.

Where can I find previous decisions of the Tribunal?

The more recent decisions of the Tribunal can be accessed on this site under Tribunal Decisions. Copies of previous decisions are held by the Tribunal. The more important decisions are reported in the Scots Law Times.

Decisions may also be reported in Estates Gazette, Rating and Valuation Reporter, and Housing Law Reports. The annual volume Conveyancing, being an update review by Professors Reid and Gretton, gives details of some cases.