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Act of Sederunt (Rules of the Court of Session 1994) 1994

Type Statutory-Instrument

Publication 1994-05-31

Last updated 2021-03-01

State In force

Department King's Printer of Acts of Parliament

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Applications for enforcement of a Convention award

Registration of Convention award

Service on party against whom Convention award made

CHAPTER 100 — ARBITRATION

Interpretation and application

100.1

(1) In this Chapter—

“the 2010 Act” means the Arbitration (Scotland) Act 2010;

“Convention award” means an award made in pursuance of a written arbitration agreement in a territory of a state (other than the United Kingdom) which is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards;

“Scottish Arbitration Rules” means the Scottish Arbitration Rules set out in schedule 1 to the 2010 Act;

“tribunal” means a sole arbitrator or panel of arbitrators.

(2) Subject to paragraph (3), this Chapter applies to applications and appeals made under the 2010 Act (including applications and appeals made under the Scottish Arbitration Rules).

(3) Rules 100.5 and 100.7 do not apply to an application under section 19(2) of the 2010 for enforcement of a Convention award.

Proceedings before a nominated judge

100.2

All proceedings in the Outer House in a cause to which this Chapter applies shall be brought before a judge of the court nominated by the Lord President as an arbitration judge or, where no such judge is available, any other judge of the court (including the vacation judge).

Procedure in causes under the 2010 Act

100.3

Subject to the provisions of the Scottish Arbitration Rules and this Chapter, the procedure in a cause under the Scottish Arbitration Rules shall be such as the judge dealing with the cause shall determine.

Disapplication of certain rules

100.4

The following rules shall not apply to a cause under this Part—

rule 6.2 (fixing and allocation of diets in Outer House);rule14.5 (first order in petitions);rule14.6 (period of notice for lodging answers);rule 14.8 (procedure where answers lodged).

Application or appeal under the 2010 Act

100.5

(1) Subject to paragraph (2), an application or appeal under the 2010 Act shall be made by petition.

(2) If proceedings are depending before the court under paragraph (1) in relation to the same arbitration process, an application under the 2010 Act shall be made by note in the process of the petition.

(3) Upon lodging a petition or note under paragraph (1) or (2), the petitioner or noter must enrol a motion for intimation and service of the petition or note and the court may make such order as is appropriate in the circumstances of the case.

(4) The court may make an order for intimation and service of the petition or note at the address of a party’s agent or other person acting for that party in the arbitration process and the service will be effective if carried out in accordance with that order.

(5) Upon expiry of any period of notice following intimation and service of the petition or note, the petitioner or noter shall enrol a motion for further procedure and the court may make such order as is appropriate in the circumstances of the case, including, where appropriate, an order disposing of the petition or note.

Application for attendance of witnesses or disclosure of evidence

100.6

In relation to a petition or note lodged under rule 45 of the Scottish Arbitration Rules (court’s power to order attendance of witnesses and disclosure of evidence), intimation and service of the petition or note is not required.

Averments in petitions and notes under the 2010 Act

100.7

(1) The petitioner or noter must set out in the petition or note the facts and circumstances on which the petition or note is founded and the relief claimed.

(2) In particular, any—

(a) application under rule 22 (referral of point of jurisdiction) or rule 41 (referral of point of law) of the Scottish Arbitration Rules, or

(b) appeal under rule 67(1) (jurisdictional appeal), rule 68(1) (serious irregularity appeal) or rule 69(1) (legal error appeal) of the Scottish Arbitration Rules,

should, so far as is necessary, identify the matters referred to in paragraph (3).

(3) The following matters should be identified—

(a) the parties to the cause and the arbitration from which the cause arises;

(b) the relevant rule of the Scottish Arbitration Rules or other provision of the 2010 Act under which the petition or note has been lodged;

(c) any special capacity in which the petitioner or noter is acting or any special capacity in which any other party to the proceedings is acting;

(d) a summary of the circumstances out of which the application or appeal arises;

(e) the grounds on which the application or appeal proceeds;

(f) in the case of an appeal under rule 67(1), whether the appellant seeks the variation or the setting aside of an award (or part of it);

(g) in the case of an appeal under rule69(1), whether the appeal is made with the agreement of the parties to the arbitration;

(h) any relevant requirements of the Scottish Arbitration Rules which have been met.

Appeals against arbitral award on ground of legal error

100.8

(1) In addition to complying with rule100.5(3) and (5), upon lodging a petition or note under rule 69 of the Scottish Arbitration Rules (legal error appeal), the petitioner or noter shall at the same time—

(a) except in a case where an appeal is made with the agreement of the parties, enrol a motion for leave to appeal; and

(b) lodge any documents that the petitioner or noter intends to rely on in the application for leave (if applicable) and in the appeal.

(2) A motion for leave to appeal under paragraph (1) shall—

(a) identify the point of law concerned; and

(b) set out the grounds that are relied on for the giving of leave.

(3) Within 14 days of service of the petition or note, or such other time as the court may allow, a respondent may lodge and intimate to all other parties grounds of opposition, including any evidence to be relied upon in opposition to the application for leave.

(4) The application for leave to appeal shall be dealt with without a hearing unless the court considers that a hearing is required.

(5) Where the court considers that a hearing is required, it may give such further directions as it considers necessary.

(6) Rule 41.2 (applications for leave to appeal), rule 41.3 (determination of applications for leave to appeal) and rule 41.5 (competency of appeals) do not apply to an application for leave to appeal under this rule.

Anonymity in legal proceedings

100.9

(1) Where a petition or note is lodged under the 2010 Act, any application to the court under section 15 of the 2010 Act (anonymity in legal proceedings) shall be made not later than the hearing of a motion for further procedure under rule 100.5(5).

(2) Until an application under section15 of the 2010 Act has been determined or, where no such application has been made, the time at which a motion for further procedure is made under rule100.5(5) and, thereafter, if the court grants an order under section15 of the 2010 Act—

(a) the petition or note shall not be available for inspection, except by court staff and the parties;

(b) the petition or note shall be referred to publicly, including in the rolls of court, as “Arbitration Application” or “Arbitration Appeal” (as the case may be) and by reference to a number and the year in which it was lodged;

(3) Unless the court grants an order under section 15 of the 2010 Act, all applications and appeals made under the 2010 Act shall be heard in public.

Applications for enforcement of a tribunal’s award under the 2010 Act

100.10

(1) A petition or note under section 12 of the 2010 Act for enforcement of a tribunal’s award shall—

(a) identify the parties to the cause and the arbitration process from which the cause arises;

(b) specify that the award is not currently the subject of—

(i) an appeal under Part 8 of the Scottish Arbitration Rules (challenging awards);

(ii) any arbitral process of appeal or review; or

(iii) a process of correction under rule 58 of the Scottish Arbitration Rules; and

(2) There shall be produced with such a petition or note—

(a) the original tribunal’s award or a certified copy of it; and

(b) the documents founded upon or adopted as incorporated in the petition or note.

Circumstance where aspect of procedure unsuitable

2.2

(1) Subparagraph(2) applies where, for any reason, the Lord President is of the opinion that an aspect of the procedure which would otherwise apply to particular proceedings, or proceedings of a particular description, is unsuitable for the efficient disposal of those proceedings.

(2) The Lord President may direct that that aspect of the procedure is not to apply in respect of those proceedings and that such other procedure as he directs is to apply instead.

(3) Before making such a direction the Lord President must consult—

(a) in the case of particular proceedings, the parties;

(b) in the case of proceedings of a particular description, the parties of any proceedings falling within the description which have already been raised.

CHAPTER 12A — LAY SUPPORT FOR PARTY LITIGANTS

Lay support

12A.1

(1) At any time during proceedings a party litigant may apply to the court for permission to have a named individual assist the litigant in the conduct of the proceedings by sitting beside or behind (as the litigant chooses) the litigant at hearings in court or in chambers and doing such of the following for the litigant as he or she requires—

(a) providing moral support;

(b) helping to manage the court documents and other papers;

(d) quietly advising on—

(i) points of law and procedure;

(ii) issues which the litigant might wish to raise with the court;

(iii) questions which the litigant might wish to ask witnesses.

(2) It is a condition of such permission that the named individual does not receive from the litigant, whether directly or indirectly, any remuneration for his or her assistance.

(3) The court may refuse an application under paragraph (1) only if—

(a) it is of the opinion that the named individual is an unsuitable person to act in that capacity (whether generally or in the proceedings concerned); or

(b) it is of the opinion that it would be contrary to the efficient administration of justice to grant it.

(4) An application under paragraph (1) is to be made by motion and accompanied by a document, signed by the litigant and the named individual, in Form 12.A-A.

(5) Permission granted under paragraph (1) endures until the proceedings finish or it is withdrawn under paragraph (6); but it is not effective during any period when the litigant is represented.

(6) The court may, of its own accord or on the motion of a party to the proceedings, withdraw permission granted under paragraph (1); but it must first be of the opinion that it would be contrary to the efficient administration of justice for the permission to continue.

(7) Where permission has been granted under paragraph (1), the litigant may—

(a) show the named individual any document (including a court document); or

(b) impart to the named individual any information,

which is in his or her possession in connection with the proceedings without being taken to contravene any prohibition or restriction on the disclosure of the document or the information; but the named individual is then to be taken to be subject to any such prohibition or restriction as if he or she were the litigant.

(8) Any expenses incurred by the litigant as a result of the support of an individual under paragraph (1) are not recoverable expenses in the proceedings.

CHAPTER 56A — JUDGMENTS OF THE SUPREME COURT

Applications to apply judgments of the Supreme Court

56A.1

(1) An application to apply a judgment of the Supreme Court in a cause shall be made by motion in the Single Bills.

(2) On enrolling a motion under paragraph (1), a party shall lodge four copies of the Supreme Court judgment in process.

CHAPTER 99 — ENERGY ACT 2008 – INTERDICTS

Applications for interdict against unknown persons

99.1

(1) Paragraph(2) applies to applications for interdict under sections12 or 26 of the Energy Act 2008.

(2) Interdict may be granted against a person whose identity is unknown to the applicant and “the respondent” is the person against whom interdict is sought.

(3) Paragraphs(4) to (8) apply where an interdict is sought against such a person.

(4) An application for interdict under this Chapter is to be made by petition.

(5) The statement of facts must include averments stating—

(a) that the applicant has been unable to ascertain the respondent’s identity within the time reasonably available to the applicant;

(b) the steps taken by the applicant to ascertain the respondent’s identity;

(d) that the description of the respondent is the best the applicant is able to provide.

(6) The court shall order the taking of such steps to make the respondent aware of the application as the court considers appropriate in the circumstances, having regard to the importance of the respondent being so aware; and the taking of such steps will constitute service.

(7) Such steps may include—

(a) service in accordance with Part I of Chapter 16 (service and intimation);

(b) intimation to a person;

(d) publication using electronic means; or

(e) affixing relevant documentation prominently in a particular place or on a particular structure, vehicle or vessel.

(8) The applicant must lodge in process such documentary evidence as may be ordered by the court to show that those steps have been carried out.

CHAPTER 101 — TERRORIST ASSET-FREEZING

Interpretation of this Chapter

101.1

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Application to set aside an asset-freezing decision

101.2

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Appeal in relation to designations

101.3

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Lodging of process

101.4

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Application of Chapter 96 to asset-freezing proceedings

101.5

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Action for declarator in relation to certain foreign decrees

49.91

(1) This rule applies to an action for declarator of recognition, or non-recognition, of a decree of divorce, nullity or separation granted outwith the United Kingdom, the Channel Islands or the Isle of Man.

(2) In an action to which this rule applies, the pursuer shall state in the condescendence of the summons—

(a) the court, tribunal or other authority which granted the decree;

(b) the date of the decree of divorce, annulment or separation to which the action relates;

(d) the basis on which the court has jurisdiction to entertain the action;

(e) whether to the pursuer’s knowledge any other proceedings whether in Scotland or in any other country are continuing in respect of the marriage to which the action relates or are capable of affecting its validity or subsistence; and

(f) where such proceedings are continuing—

(i) the court, tribunal or authority before which the proceedings have been commenced;

(ii) the date of commencement;

(iii) the names of the parties; and

(iv) the date, or expected date of any proof (or its equivalent), in the proceedings.

(3) Where—

(a) such proceedings are continuing;

(b) the action in the Court of Session is defended; and

(i) the summons does not contain the statement referred to in paragraph (2)(e), or

(ii) the particulars mentioned in paragraph (2)(f) as set out in the summons are incomplete or incorrect,

any defences or minute, as the case may be, lodged by any person to the action shall include that statement and, where appropriate, the further or correct particulars mentioned in paragraph (2)(f).

(4) Unless the court otherwise directs, a declarator of recognition, or non-recognition, of a decree under this rule shall not be granted without there being produced with the summons—

(a) the decree in question or a certified copy of the decree;

(b) the marriage extract or equivalent document to which the action relates.

(5) Where a document produced under paragraph(4)(a) or (b) is not in English it shall, unless the court otherwise directs, be accompanied by a translation certified by a notary public or authenticated by affidavit.

(6) For the purposes of this rule, proceedings are continuing at any time after they have commenced and before they are finally disposed of.

Application of rules to building society insolvency

74.52

(1) Subject to paragraph (3), Part VII of this Chapter applies to an application mentioned in paragraph (2) as it applies to an application for a bank insolvency order.

(2) An application referred to in paragraph (1) is an application for a building society insolvency order under the Act of 2009, as that Act is applied and modified by section 90C of the Building Societies Act 1986 and the Building Societies (Insolvency and Special Administration) Order 2009.

(3) In the application of Part VII of this Chapter under paragraph (1)—

(a) references to the Bank Insolvency Rules shall be read as references to the Building Society Insolvency (Scotland) Rules 2010;

(b) references to a rule in the Bank Insolvency Rules shall be read as references to the corresponding rule in the Building Society Insolvency (Scotland) Rules 2010;

(c) references to the Act of 2009 shall be read as references to the Act of 2009, as applied and modified by section 90C of the Building Societies Act 1986 and the Building Societies (Insolvency and Special Administration) Order 2009; and references to specific provisions in the Act of 2009 shall be read accordingly;

(d) references to any Part or provision of the Act of 1986 that is not applied by Part 2 of the Act of 2009 shall be read as references to that Part or provision as applied and modified by section 90A of, and Schedule 15A to, the Building Societies Act 1986;

(e) references to “bank” shall be read as references to “building society”;

(f) references to “bank administration” shall be read as references to “building society special administration”;

(g) references to “bank administrator” shall be read as references to “building society special administrator”;

(h) references to “bank insolvency order” shall be read as references to “building society insolvency order”;

(i) references to “bank liquidator” shall be read as references to “building society liquidator”;

(j) rule 74.36(1)(a)(iv) (intimation, service and advertisement) shall be disregarded; and

(k) in rule 74.36(1)(a)(vii), the reference to “section 120 of the Act of 2009” shall be read as a reference to “section 90D of the Building Societies Act 1986”.

(4) The following rules shall, with the necessary modifications, apply in relation to building society insolvency procedure as they apply in relation to bank insolvency procedure:—

rule 74.1 (application and interpretation of Chapter 74),rule 74.2 (proceedings before insolvency judge),rule 74.3 (notices and reports etc. sent to the court)..

Charges for skilled persons

42.13A

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Additional fee

Fees of a reporter

Table of fees

Register of judgments

Applications for registration of EU judgments

Warrant for registration of EU judgments

Registration of EU judgments

Service on judgment debtor of EU judgment

Suspension of enforcement of EU judgments

CHAPTER 85A — DOMESTIC ABUSE INTERDICTS

Interpretation and application of this Chapter

85A.1

(1) In this Chapter—

“the 2011 Act” means the Domestic Abuse (Scotland) Act 2011; and

“incoming protection measure” has the meaning given by rule 106.1 (mutual recognition of protection measures: interpretation);

“interdict” includes interim interdict.

(2) This Chapter applies to an application for a determination under section 3(1) of the 2011 Act that an interdict is a domestic abuse interdict.

(3) This Chapter does not apply to an application for a determination under section 3(1) of the 2011 Act that an incoming protection measure is a domestic abuse interdict.

Applications for determination that an interdict is a domestic abuse interdict

85A.2

(1) An application made before the interdict is obtained must be made by a conclusion of the summons, the prayer of the petition, the defences, answers or counterclaim in which the interdict is sought.

(2) An application made after the interdict is obtained must be—

(a) made by motion in process; and

(b) intimated to the person against whom the interdict was obtained.

(3) In respect of a determination of an application under paragraph(2), the following documents must be served along with the interlocutor in accordance with section 3(4) of the 2011 Act—

(a) a copy of the application for interdict;

(b) a copy of the interlocutor granting interdict; and

(4) Paragraph (5) applies where, in respect of the same interdict—

(a) a power of arrest under section 1 of the Protection from Abuse (Scotland) Act 2001 is in effect; and

(b) a determination under section 3(1) of the 2011 Act is made.

(5) As soon as possible after the determination has been served under section 3(4) of the 2011 Act, the documents specified in paragraph(6) must be sent by the person who obtained the determination to such chief constable as the court sees fit.

(6) The documents are—

(a) a copy of the application for interdict;

(b) a copy of the interlocutor granting interdict;

(d) where the application for a determination was made after the interdict was granted—

(i) a copy of the application for the determination;

(ii) a copy of the interlocutor granting it; and

(iii) a copy of the certificate of service of the determination.

(7) Where paragraph (5) applies and the determination is recalled under section 3(5) of the 2011 Act, the court must appoint a person to send a copy of the interlocutor recalling the determination to such chief constable as the court sees fit.

(8) Where a person is required by virtue of this Chapter to send documents to a chief constable, such person must, after such compliance, lodge in process a certificate of sending documents in Form 85A.2.

CHAPTER 41 — APPEALS UNDER STATUTE

Application and interpretation of this Chapter

Applications for leave to appeal

Determination of applications for leave to appeal

Urgent disposal of appeal

Competency of appeals

Intimation of final interlocutor

Application and interpretation of this Part

Applications for case

Additional questions by other parties

Consideration of application by tribunal

Procedure for ordaining tribunal to state a case

Preparation and issue of the case

Intimation of intention to proceed

Lodging of case in court

Abandonment of appeal

Reponing against deemed abandonment

Procedure on abandonment

Timetable in appeal under PartII of this Chapter

Sist or variation of the timetable in appeal under Part II of this Chapter

Failure to comply with timetable in appeal under Part II of this Chapter

Procedural hearing in appeal under Part II of this Chapter

Amendment or re-statement of case

Remit to reporter etc.

Application of this Part

Form of appeal

Lodging of appeal in court

Orders for service and answers

Motion for further procedure

Timetable in appeal under Part III of this Chapter

Sist or variation of the timetable in appeal under Part III of this Chapter

Failure to comply with timetable in appeal under Part III of this Chapter

Procedural hearing in appeal under Part III of this Chapter

Revenue appeals by stated case

Appeals relating to certain determinations of the Commissioners for Her Majesty’s Revenue and Customs

Application of Part II to this Part

Interpretation of this Part

Lodging of reports and statements with sheriff

Lodging etc. of reports and statements in court

Hearing in private

Expenses

Application of this Part

Form of appeal under this Part

Registration Appeal Court

Consolidated appeals

Hearing before the Registration Appeal Court

Decision of Registration Appeal Court

Case stated by tribunal at its own instance

Modifications of Part II to appeals under this Part

Application of Parts II and III to this Part

Appeals to be heard in the Outer House

Reclaiming against decision of the Lord Ordinary

Interpretation

References under an ACAS Scheme

Appeals

Permission to appeal against decisions of the Upper Tribunal

Interpretation and application of other rules

74.53

(1) Unless the context otherwise requires, words and expressions used in this Part which are also used in the Investment Bank Rules have the same meaning as in those Rules.

(2) The following rules shall, with the necessary modifications, apply in relation to an application mentioned in rule 74.54 as they apply in relation to bank insolvency procedure or bank administration procedure—

rule 5.1A (further restriction as to caveats),rule 33.9 (insolvency or death of cautioner or grantor),rule 74.1 (application and interpretation of Chapter 74),rule 74.2 (proceedings before insolvency judge),rule 74.3 (notices and reports, etc., sent to the court),rule 74.9 (form of other applications).

Application for special administration order, special administration (bank insolvency) order and special administration (bank administration) order

74.54

(1) An application for any of the following orders shall be made by petition—

(a) a special administration order under regulation 5 of the Investment Bank Regulations;

(b) a special administration (bank insolvency) order under section 95 of the Act of 2009, as applied by Schedule 1 to the Investment Bank Regulations;

(c) a special administration (bank administration) order under section 142 of the Act of 2009, as applied by Schedule 2 to the Investment Bank Regulations.

(2) A petition referred to in paragraph (1) shall include averments on the following matters—

(a) the name and address of the person whom it is proposed should be appointed as administrator and his or her qualification to act;

(b) the grounds upon which the petition is made, and the reasons why the petitioner considers that those grounds are satisfied;

(c) in the case of an application for a special administration (bank administration) order, confirmation that the conditions for applying for such an order, as set out in section 143 of the Act of 2009, as applied by paragraph 6 of Schedule 2 to the Investment Bank Regulations) are met in respect of the investment bank;

(d) to the best of the petitioner’s knowledge and belief, the investment bank’s current financial position, including actual, contingent and prospective assets and liabilities;

(e) any security known or believed to be held by the creditors of the investment bank;

(f) in the case of an application for a special administration (bank administration) order, details of the property transfer instrument which the Bank of England has made or intends to make in respect of the investment bank;

(g) in the case of an application for a special administration (bank administration) order, where the property transfer instrument has not yet been made, an explanation of what effect the instrument is likely to have on the investment bank’s financial position;

(h) to the best of the petitioner’s knowledge and belief, the amount of any client assets held by the investment bank;

(i) how functions are to be apportioned where more than one person is to be appointed as administrator and, in particular, whether functions are to be exercised jointly or by any or all the persons appointed;

(j) any other matters which the petitioner considers will assist the court in deciding whether to make a special administration order, a special administration (bank administration) order or a special administration (bank insolvency) order; and

(k) any insolvency proceedings which have been instituted in respect of the investment bank, including any process notified to the Financial Conduct Authority or the Prudential Regulation Authority under section 120 of the Act of 2009, as applied by paragraph 7 of Schedule 1 to the Investment Bank Regulations.

(3) Averments referred to in paragraph (2)(b) shall refer to one or more of the grounds set out in regulation 6 of the Investment Bank Regulations or section 96 or section 143 of the Act of 2009, as the case may be.

Intimation, service and advertisement under this Part

74.55

(1) Unless the court otherwise directs, the order under rule 14.5 (first order in petitions) for intimation, service and advertisement of the petition shall include a requirement—

(a) where the investment bank is not the petitioner or one of the petitioners, to serve the petition on the investment bank;

(b) to advertise the petition immediately—

(i) once in the Edinburgh Gazette; and

(ii) once in one or more such newspapers as the court shall direct.

(2) Subject to rule 14.6(2) (application to shorten or extend the period of notice), the period of notice for lodging answers to the petition shall be eight days.

(3) An advertisement under paragraph (1) shall include—

(a) the name and address of the petitioner and, where the petitioner is the investment bank, its registered office;

(b) the name and address of the agent for the petitioner;

(d) the nature of the order sought;

(e) where a person has been appointed by the court under section 135 of the Act of 1986, as applied by paragraph 8 of Schedule 1 or paragraph6 of Schedule2 to the Investment Bank Regulations, his or her name and address and the date of his or her appointment;

(f) the period of notice for lodging answers;

(g) a statement that any person who intends to appear in the petition must lodge answers within the period of notice.

Person appointed under section 135 of the Act of 1986, as applied

74.56

(1) An application to appoint a person under section 135 of the Act of 1986, as applied by paragraph 8 of Schedule 1 or paragraph6 of Schedule2 to the Investment Bank Regulations, may be made in the prayer of the petition referred to in rule 74.54 or, if made after the petition has been presented, by note.

(2) The application mentioned in paragraph (1) shall include averments on the following matters—

(a) the grounds upon which it is proposed that the person should be appointed;

(b) the name and address of the person whom it is proposed should be appointed;

(d) confirmation that the person whom it is proposed should be appointed is qualified to act as a person under section 135 of the Act of 1986, as relevantly applied;

(e) whether to the applicant’s knowledge there has been proposed or is in force for the investment bank a company voluntary arrangement under Part 1 of the Act of 1986;

(f) the applicant’s estimate of the value of the assets in respect of which the person is to be appointed;

(g) the functions the applicant wishes to be carried out by the person to be appointed in relation to the investment bank’s affairs.

(3) An order appointing any person as referred to in paragraph (1) shall specify the functions to be carried out in relation to the investment bank’s affairs and how those functions are to be apportioned where more than one person is to be so appointed and, in particular, shall specify whether functions are to be exercised jointly or by any or all the persons appointed.

(4) Where the court decides to appoint a person as referred to in paragraph (1)—

(a) it shall pronounce an interlocutor making the appointment and specifying the functions to be carried out by the appointed person in relation to the affairs of the investment bank; and

(b) it shall forthwith send a copy of the interlocutor to the person appointed.

(5) On receiving a certified copy of an interlocutor pronounced under paragraph (4)(a), the person appointed shall intimate his appointment forthwith—

(a) once in the Edinburgh Gazette; and

(b) once in one or more such newspapers as the court has directed.

(6) An application for the discharge of a person appointed in accordance with this rule shall be made by note.

Report of administrator’s proposals: Schedule B1 to the Act of 1986

74.57

(1) Paragraph (2) shall apply where a report under paragraphs 53(2) or 54(6) of Schedule B1 to the Act of 1986 (report at conclusion of creditors’ meeting), as those provisions are applied and modified by regulation 15 of, or paragraphs10(4) or 11(8) of Schedule2 to, the Investment Bank Regulations, discloses a failure to approve, or to approve a revision of, an administrator’s proposals.

(2) The Deputy Principal Clerk shall fix a hearing for determination by the insolvency judge of any order that may be made under paragraph 55(2) of Schedule B1 to the Act of 1986, as that provision is applied and modified by regulation 15 of the Investment Bank Regulations or by section145 of the Act of 2009 and paragraph6 of Schedule2 to the Investment Bank Regulations.

Time and date of lodging in special administration etc.

74.58

(1) The time and date of lodging of a notice or document relating to a special administration, special administration (bank insolvency) or special administration (bank administration) shall be noted by the Deputy Principal Clerk upon the notice or document.

(2) Subject to any provision in the Investment Bank Rules—

(a) where the time of lodging of a notice or document cannot be ascertained by the Deputy Principal Clerk, the notice or document shall be deemed to have been lodged at 10 a.m. on the date of lodging;

(b) where a notice or document under paragraph (1) is delivered on any day other than a business day but is not lodged on that day, the date of lodging shall be the first business day after such delivery.

Appeals against adjudication of claims

74.59

(1) An appeal under section 127(5) of the Bankruptcy (Scotland) Act 2016, as applied by rule 127 of the Investment Bank Rules (appeal by a creditor or contributory of the investment bank against a decision of the administrator) shall be made by note.

(2) A note under paragraph (1) shall be served on the administrator.

(3) On such a note being served on the administrator, the administrator shall send the claim in question, and a copy of his or her adjudication, forthwith to the Deputy Principal Clerk who shall cause them to be lodged in process.

(4) After the note has been disposed of, the Deputy Principal Clerk shall return the claim and the adjudication to the administrator with a copy of the interlocutor disposing of the note.

Applications under section 176A of the Act of 1986

74.60

(1) An application by an administrator under section 176A of the Act of 1986 (share of assets for unsecured creditors), as applied by Table 2 in regulation 15 of, or paragraph6 of Schedule2 to, the Investment Bank Regulations, shall be made by note in the existing special administration process.

(2) The Deputy Principal Clerk shall—

(a) after the lodging of any note fix a hearing for the insolvency judge to consider an application under paragraph (1); and

(b) give notice of the hearing fixed under paragraph (2)(a) to the noter.

(3) The noter shall not be required to give notice to any person of the hearing fixed under paragraph (2)(a), unless the insolvency judge directs otherwise.

Applications during a special administration etc.

74.61

(1) An application or appeal under any provision of the Act 1986 as applied by the Act of 2009, the Investment Bank Regulations or the Investment Bank Rules during a special administration, special administration (bank insolvency) or special administration (bank administration) shall be made—

(a) where no previous application or appeal has been made, by petition; or

(b) where a petition for an order in respect of a special administration, special administration (bank insolvency) or special administration (bank administration) has been lodged, by note in the process of that petition.

CHAPTER 102 — REPORTING RESTRICTIONS

Interpretation and application of this Chapter

102.1

(1) This Chapter applies to orders which restrict the reporting of proceedings.

(2) In this Chapter, “interested person” means a person—

(a) who has asked to see any order made by the court which restricts the reporting of proceedings, including an interim order; and

(b) whose name is included on a list kept by the Lord President for the purposes of this Chapter.

Notification of reporting restrictions etc.

102.2

(1) Where the court is considering making an order, it must first make an interim order.

(2) ... The clerk of court shall immediately send a copy of the interim order to any interested person.

(3) The court shall specify in the interim order why it is considering making an order.

Applications for variation or revocation

102.3

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) An interested person who would be directly affected by the making of an order shall have an opportunity to make representations to the court before an order is made.

(3) Representations shall—

(a) be made by note in process;

(b) where an urgent hearing is sought, include reasons explaining why an urgent hearing is necessary;

(c) be lodged no later than 2 days after the interim order is sent to interested persons in accordance with rule102.2(2).

(4) On representations being made—

(a) the court shall appoint a date for a hearing—

(i) on the first suitable court day thereafter; or

(ii) where the court is satisfied that an urgent hearing is necessary, at such earlier date and time as the court may determine;

(b) the clerk of court shall—

(i) notify the date and time of the hearing to the parties to the proceedings and the person who has made representations; and

(ii) send a copy of the representations to the parties to the proceedings.

(5) Where no interested person makes representations in accordance with rule 102.3(2), the clerk of court shall put the interim order before the court in chambers in order that the court may resume consideration of whether to make an order.

(6) Where the court, having resumed consideration under rule 102.3(5), makes no order, it shall recall the interim order.

(7) Where the court recalls an interim order, the clerk of court shall immediately notify any interested person.

CHAPTER 103 — FORCED MARRIAGE

Interpretation of this Chapter

103.1

In this Chapter, “the 2011 Act” means the Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011.

Applications for a forced marriage protection order

103.2

(1) An application for a forced marriage protection order under the 2011 Act shall be made by petition.

(2) Where leave of the court is required under section 3(2) of the 2011 Act to make an application for a forced marriage protection order, the person seeking such an order shall apply by motion for leave to make the application at the time when the petition is presented to the Petition Department.

(3) A motion under paragraph (2) shall be heard in chambers.

(4) Where such leave is granted, a copy of the interlocutor allowing leave shall be attached to the copy of the petition served on the respondent.

Applications for variation, recall or extension of a forced marriage protection order

103.3

(1) An application for variation, recall or extension of a forced marriage protection order under the 2011 Act shall be made by note.

(2) Where leave of the court is required under section 7(1)(d) or 8(3)(d) of the 2011 Act before an application for variation, or recall or extension of a forced marriage protection order may be made, the applicant must lodge along with the note a motion stating the grounds upon which leave is sought.

(3) A motion under paragraph (2) shall not be served or intimated unless the court otherwise directs.

(4) The court may hear the applicant on the motion and may grant or refuse it or make such other order in relation to it as it considers appropriate prior to the determination.

(5) Where such a motion is granted, a copy of the interlocutor shall be intimated along with the note of application.

TPIM orders and imposed measures: petitions

Initial diets

Appeals relating to terrorism prevention and investigation measures

Appointment of special advocates

Special advocates: further provisions

Anonymity

Exclusion from diets or hearings etc.

Recording of TPIM and appeal proceedings

Disposals in petitions

14.10

(1) The court may make such order to dispose of a petition as it thinks fit, whether or not such order was sought in the petition.

(2) An order referred to in paragraph (1) is any order that could be made if sought in any action or petition.

CHAPTER 12B — LAY REPRESENTATION

Application and interpretation

12B.1

(1) This Chapter is without prejudice to any enactment (including any other provision in these Rules) under which provision is, or may be, made for a party to a particular type of case before the court to be represented by a lay representative.

(2) In this Chapter, a “lay representative” means a person who is not—

(a) a solicitor;

(b) an advocate; or

(c) someone having a right to conduct litigation, or a right of audience, by virtue of section 27 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

Lay representation for party litigants

12B.2

(1) In any cause depending before the court in respect of which no provision as mentioned in rule 12B.1(is in force, a party litigant may apply to the court for permission for a named individual (a lay representative) to appear, along with the litigant, at a specified hearing for the purpose of representing the litigant at that hearing.

(2) An application under paragraph (1) is to be made—

(a) by motion and accompanied by a document, signed by the litigant and the named individual, in Form 12B.2; and

(b) subject to paragraph (3), prior to the date of the hearing at which the litigant wishes the lay representative to represent the litigant.

(3) The court may grant an application made on the day of the hearing at which the litigant wishes the lay representative to represent the litigant if it is satisfied that there are exceptional reasons why the application could not have been made prior to that day.

(4) The court may grant an application under paragraph (1) only if it is of the opinion that it would be in the interests of justice to grant it.

(5) It is a condition of permission granted by the court that the lay representative does not receive directly or indirectly from the litigant any remuneration or other reward for his or her assistance.

(6) The court may grant permission under paragraph (1) in respect of one or more specified hearings in the cause; but such permission is not effective during any period when the litigant is legally represented.

(7) The court may, of its own accord or on the motion of a party to the proceedings, withdraw permission granted under paragraph (1).

(7A) Where permission is granted under paragraph (1), the lay representative may do anything in the preparation or conduct of the hearing that the litigant may do.

(8) Where permission has been granted under paragraph (1), the litigant may—

(a) show the lay representative any document (including a court document); or

(b) impart to the lay representative any information,

which is in his or her possession in connection with the proceedings without being taken to contravene any prohibition or restriction on the disclosure of the document or the information; but the lay representative is then to be taken to be subject to any such prohibition or restriction as if he or she were the litigant.

(9) Any expenses incurred by the litigant in connection with lay representation under this rule are not recoverable expenses in the proceedings.

Confidentiality of documents in process

12B.3

Rules 67.3 and 97.4 (confidentiality of documents in process) apply to an individual permitted to act as lay representative under this Chapter as they apply to a curator ad litem and reporting officer.

Application and interpretation of this Part

62.97

(1) This Part applies to the registration and enforcement of a measure under Article 24 or Article 26 of the 1996 Convention.

(2) In this Part—

“the 1996 Convention” means the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children, signed at The Hague on 19th October 1996;

“Contracting State” means a state party to the 1996 Convention.

Enforcement, recognition or non-recognition of measures from a Contracting State

62.98

(1) An application—

(a) under Article 24 of the 1996 Convention for recognition or non-recognition of a measure taken in a Contracting State other than the United Kingdom; or

(b) under Article 26 of the 1996 Convention for enforcement of a measure taken in a Contracting State other than the United Kingdom,

shall be made by petition in Form 62.98.

(2) The petition shall include averments on the matters outlined at Article 23(2) of the 1996 Convention (grounds for refusal of recognition).

(3) There shall be produced with the petition an authentic copy of any judgment or other document which outlines the measure to be registered.

(4) The court shall, on being satisfied that the petition complies with the requirements of the 1996 Convention, pronounce an interlocutor—

(a) granting warrant for the registration of the measure; and

(b) where necessary, granting decree in accordance with Scots law.

(5) The interlocutor pronounced under paragraph (4) shall specify that the petitioner may register the measure under rule 62.100 (registration under the 1996 Convention).

Intimation to the petitioner

62.99

Where the court pronounces an interlocutor under rule 62.98(4) the Deputy Principal Clerk shall intimate such interlocutor to the petitioner, by sending to his address for service in Scotland a certified copy of the interlocutor by registered post or the first class recorded delivery service.

Registration under the 1996 Convention

62.100

(1) Where the court pronounces an interlocutor under rule 62.98(4) granting warrant for registration, the Deputy Principal Clerk shall enter the measure in the register of judgments, authentic instruments and court settlements kept in the Petition Department.

(2) On presentation by the petitioner to the Keeper of the Registers of—

(a) a certified copy of the interlocutor under rule 62.98(4) granting warrant for registration,

(b) an authentic copy of any judgment or other document which outlines the measure to be registered and any translation of such a document,

they shall be registered in the register of judgments in the Books of Council and Session.

(3) On registration under paragraph (2), the Keeper of the Registers shall issue an extract of the registered document with a warrant for execution.

Service of warrant for registration under the 1996 Convention

62.101

The petitioner shall serve a copy of the interlocutor under rule 62.98(4) granting warrant for registration of a judgment and notice in Form 62.101 on the person against whom enforcement is sought.

CHAPTER 35B — LODGING AUDIO OR AUDIO-VISUAL RECORDINGS OF CHILDREN

Interpretation

35B.1

In this Chapter, “child” means a person under the age of 16 on the date of commencement of the proceedings and “children” shall be construed accordingly.

Lodging an audio or audio-visual recording of a child

35B.2

(1) Where a party seeks to lodge an audio or audio-visual recording of a child as a production, that party must—

(a) ensure that the recording is in a format that can be heard or viewed by means of equipment available in court;

(b) place the recording together with a copy of the relevant inventory of productions in sealed envelope marked with—

(i) the names of the parties to the court action;

(ii) the case reference number;

(iii) (where available) the date and time of commencement and of termination of the recording; and

(iv) the words “recording of a child – confidential”.

(2) The sealed envelope must be lodged with the Deputy Principal Clerk.

(3) In the remainder of this Chapter a “recording of a child” means any such recording lodged under this rule.

Separate inventory of productions

35B.3

(1) On each occasion that a recording of a child is lodged, a separate inventory of productions shall be lodged in process.

(2) The Deputy Principal Clerk shall mark the date of receipt and the number of the process on the sealed envelope containing the recording.

Custody of a recording of a child

35B.4

(1) A recording of a child—

(a) shall be kept in the custody of the Deputy Principal Clerk; and

(b) subject to rule 35B.5, will not form a borrowable part of the process.

(2) The envelope containing the audio or audio-visual recording of a child shall only be unsealed with the authority of the court and on such conditions as the court thinks fit (which conditions may relate to listening to or viewing the recording).

Access to a recording of a child

35B.5

(1) An application by a party to gain access to and to listen to or view a recording of a child may be made by motion.

(2) The court may refuse such a motion or grant it on such conditions as the court thinks fit, including—

(a) allowing only such persons as the court may specify to listen to or view the recording;

(b) specifying the location where such listening or viewing is to take place;

(d) allowing a copy of the recording to be made (in the same or different format) and arrangements for the safe-keeping and disposal of such copy;

(e) arrangements for the return of the recording and re-sealing of the envelope.

Exceptions

35B.6

(1) The court may, on the application of a party and on cause shown, disapply the provisions of this Chapter.

(2) An application under paragraph(1) shall be made—

(a) at the time of presenting the recording for lodging;

(b) by letter addressed to the Deputy Principal Clerk stating the grounds on which the application is made.

Application of other rules

35B.7

The following rules do not apply to an audio or audio-visual recording of a child—

(a) rule 4.5 (productions);

(b) rule 4.11 (documents not to be borrowed); and

Pre-proof By Order

47.13A

Not less that 2 days prior to any hearing appointed under rule 47.12(2)(g) parties shall lodge in process an estimated timetable for the conduct of proof together with a note of any issues which are to be addressed prior to the proof.

Lodging of productions for proof

Hearings for further procedure

Failure to comply with rule or order of commercial judge

Disapplication of certain rules

55.2B

(1) The requirement in rule 4.1(4) for a step of process to be folded lengthwise does not apply in a cause to which this Chapter applies.

(2) An open record shall not be made up in, and Chapter 22 (making up and closing records) shall not apply to, an intellectual property cause initiated by summons unless otherwise ordered by a judge.

(3) The following rules shall not apply to an intellectual property cause—

rule 6.2 (fixing and allocation of diets in Outer House),

rule14.8 (procedure where answers lodged),

rule 25.1(3) (form of counterclaim),

rule 25.2(1) (authority for diligence etc. on counterclaims),

rule 36.3 (lodging productions).

Procedure in intellectual property causes

55.2C

(1) Subject to the other provisions of this Chapter, the procedure in an intellectual property cause shall be such as the judge shall order or direct.

(2) All proceedings in an intellectual property cause shall, in the Outer House, be heard and determined on such dates and at such times as shall be fixed by the judge.

(3) The fixing of a hearing for a specified date in an intellectual property cause shall not affect the right of any party to apply by motion at any time under these Rules.

Pleadings in intellectual property causes

55.2D

(1) In an intellectual property cause, the following paragraphs apply without prejudice to any specific requirements laid down elsewhere in this Chapter.

(2) A summons in such a cause shall—

(a) specify, in the form of conclusions, the orders sought;

(b) identify the parties to the action and the transaction or dispute from which the action arises;

(c) specify any special capacity in which the pursuer is bringing the action or any special capacity in which the action is brought against the defender;

(d) summarise the circumstances out of which the action arises; and

(e) set out the grounds on which the action proceeds.

(3) A petition in such a cause shall specify, in the prayer of the petition, the orders sought and shall provide the same information as is specified in paragraph (2)(b) to (e) of this rule in relation to a summons.

(4) Defences (to a summons) and answers (to a petition) shall be in the form of answers to the summons or petition (as the case may be) with any additional statement of facts or legal grounds on which the defender or respondent intends to rely.

(5) A party seeking to lodge a counterclaim or serve a third party motion shall apply by notice to do so.

(6) The judge shall, on a motion to lodge a counterclaim or to serve a third party notice, make such order and give such directions as he thinks fit with regard to—

(a) the time within which a counterclaim may be lodged or a third party notice served and any answers lodged;

(b) where the motion is made before the preliminary hearing, a date for the preliminary hearing if it is to be a date other than the date referred to in rule 55.2E(1);

(c) any application for a warrant to use any form of diligence which would have been permitted under rule 14A.2 (application for interim diligence) had the warrant been sought in a summons in a separate action.

(7) Paragraph (2) of this rule shall apply to the form of a counterclaim as it applies to a summons.

(8) There shall be appended to any pleadings referred to in this rule a schedule listing the documents founded on or adopted as incorporated therein, which should also be lodged as an inventory of productions.

Preliminary hearings

55.2E

(1) An intellectual property cause shall call for a preliminary hearing within 14 days after defences or answers (as the case may be) have been lodged.

(2) At the preliminary hearing, the judge—

(a) shall determine whether, to what extent and in what manner further specification of the claim and defences or answers should be provided;

(b) may—

(i) order a party to make detailed written pleadings, either generally or in relation to particular issues;

(ii) order one or more parties to make a statement of facts, either generally or in relation to particular issues;

(iii) allow a party to make an amendment to his pleadings;

(iv) order disclosure of the identity of witnesses and the existence and nature of documents relating to the cause or authority to recover documents, either generally or in relation to specific matters;

(v) order any party to lodge in process within a specified period documents constituting, evidencing or relating to the subject-matter of the cause or any invoices, correspondence or similar documents relating to it;

(vi) order each party to lodge in process, and send to every other party, a list of witnesses;

(vii) order any party to lodge in process reports of skilled persons or witness statements;

(viii) order any party to lodge in process affidavits relating to any of the issues in the cause;

(ix) except as provided for elsewhere in these Rules, order the cause to proceed to a hearing without any further preliminary procedure either in relation to the whole or any particular aspect of the cause;

(d) may continue the preliminary hearing to a date to be appointed by him; and

(e) may make such other order as he thinks fit for the speedy determination of the cause.

(3) In an intellectual property cause the judge may ordain the pursuer to—

(a) make up a record; and

(b) lodge that record in process within such period as he thinks fit.

(4) At the conclusion of the preliminary hearing, the judge shall, unless he has made an order under paragraph (2)(b)(ix) (order to proceed without a further hearing), fix a date for a procedural hearing to determine further procedure.

(5) The date fixed under paragraph (4) for a procedural hearing may be extended on cause shown by application to the court, by motion, not less than two days prior to the date fixed for the procedural hearing.

Procedural hearings

Pre-proof By Order

55.3A

Not less than two days prior to any hearing appointed under rule 55.3(2)(h) parties shall lodge in process an estimated timetable for the conduct of the proof together with a note of any issues which are to be addressed prior to the proof.

Notices to admit and notices of non-admission

Applications for leave to amend specifications

Hearings for further procedure

55.5B

Any failure by a party to comply timeously with a provision in these Rules or any order made by the intellectual property judge in an intellectual property cause shall entitle the judge, at his own instance—

(a) to refuse to extend any period for compliance with a provision in these Rules or an order of the court;

(b) to dismiss the cause or counterclaim, as the case may be, in whole or in part;

(d) to make an award of expenses,

as he thinks fit.

Failure to comply with rule or order of intellectual property judge

55.5C

(a) to refuse to extend any period for compliance with a provision in these Rules or an order of the court;

(b) to dismiss the cause or counterclaim, as the case may be, in whole or in part;

(d) to make an award of expenses,

as he thinks fit.

Applications for revocation of patents

Proceedings for infringement

Objections to validity of patent

Determination of question or application where Comptroller declines to deal with it

Applications by employees for compensation under section 40 of the Act of 1977

Proceedings for determination of certain disputes

Applications for rectification of Register of Designs or Patents

Counterclaim for rectification of Register of Designs

Appeals and references from Comptroller

Intimation to Comptroller of reclaiming motion

Communication of information to European Patent Office

Intimation and service of certain statutory applications ... for orders for disposal of infringing matter

Applications for leave to proceed

Appeals and references under the Trade Marks Act 1994

Transfers to and from this Chapter

58.12

(1) At the procedural hearing the Lord Ordinary must ascertain whether—

(a) the parties have complied with any order made under rule 58.11(2); and

(b) the parties are ready to proceed to the substantive hearing.

(2) At the procedural hearing the Lord Ordinary may make such order for further procedure as is appropriate for the speedy determination of the petition and in particular may make any of the orders listed in rule 58.11(2).

CHAPTER 58A — PROTECTIVE EXPENSES ORDERS IN ENVIRONMENTAL APPEALS AND JUDICIAL REVIEWS

Application and interpretation of this Chapter

58A.1

(1) This Chapter applies to applications for protective expenses orders in—

(a) an appeal under section 56 of the Freedom of Information (Scotland) Act 2002 as modified by regulation 17 of the Environmental Information (Scotland) Regulations 2004;

(b) relevant proceedings which include a challenge to a decision, act or omission which is subject to, or said to be subject to, the provisions of Article 6 of the Aarhus Convention;

(c) relevant proceedings which include a challenge to an act or omission on the grounds that it contravenes the law relating to the environment.

(2) In this Chapter—

“the Aarhus Convention” means the United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus, Denmark on 25th June 1998;

“protective expenses order” means an order which regulates the liability for expenses in the proceedings, including as to the future, of all or any of the parties to them;

“the public” and “the public concerned” have the meanings given by Article 2 of the Aarhus Convention;

“relevant proceedings” means—applications to the supervisory jurisdiction of the court, including applications under section 45(b) (specific performance of a statutory duty) of the Act of 1988;appeals under statute.

(3) Proceedings are to be considered prohibitively expensive for the purpose of this Chapter if the costs and expenses likely to be incurred by the applicant for a protective expenses order—

(a) exceed the financial means of the applicant; or

(b) are objectively unreasonable having regard to—

(i) the situation of the parties;

(ii) whether the applicant has reasonable prospects of success;

(iii) the importance of what is at stake for the applicant;

(iv) the importance of what is at stake for the environment;

(v) the complexity of the relevant law and procedure; and

(vi) whether the case is frivolous.

(4) The costs and expenses mentioned in paragraph (3) are—

(a) the costs incurred by the applicant in conducting the proceedings; and

(b) the expenses for which the applicant would be liable if the applicant was found liable for the taxed expenses of process, without modification.

Availability of protective expenses orders

58A.2

(1) This rule applies to an application for a protective expenses order in proceedings mentioned in rule 58A.1(1)(a).

(2) Where the person who requested the environmental information is a party to the appeal, that person may apply for a protective expenses order.

(3) The application must be made, except on cause shown—

(a) where the applicant is the appellant, no later than is reasonably practicable after the applicant becomes aware that the appeal is defended;

(b) where the applicant is the respondent, no later than the expiry of the period allowed for the lodging of answers.

(4) Where the court is satisfied that the proceedings are prohibitively expensive, it must make a protective expenses order.

Applications for protective expenses orders

58A.3

(1) This rule applies to an application for a protective expenses order in proceedings mentioned in rule 58A.1(1)(b).

(2) An application for a protective expenses order may be made by the petitioner or the appellant.

(3) The application must be made, except on cause shown, no later than is reasonably practicable after the applicant becomes aware that the petition or appeal is defended.

(4) The court must make a protective expenses order where it is satisfied that—

(a) the applicant is a member of the public concerned;

(b) the applicant has a sufficient interest in the subject matter of the proceedings; and

Terms of protective expenses orders

58A.4

(1) This rule applies to an application for a protective expenses order in proceedings mentioned in rule 58A.1(1)(c).

(2) An application for a protective expenses order may be made by the petitioner or the appellant.

(3) The application must be made, except on cause shown, no later than is reasonably practicable after the applicant becomes aware that the petition or appeal is defended.

(4) The court must make a protective expenses order where it is satisfied that—

(a) the applicant is a member of the public; and

(b) the proceedings are prohibitively expensive.

Determination of terms of a protective expenses orders

58A.5

(1) A protective expenses order is applied for by motion.

(2) Intimation of the motion and of the documents mentioned in paragraph (3) must be given to every other party not less than 14 days before the date of enrolment.

(3) The applicant must lodge with the motion—

(a) a statement setting out—

(i) the grounds for seeking the order;

(ii) the terms on which the applicant is represented;

(iii) an estimate of the expenses that the applicant will incur in relation to the proceedings;

(iv) an estimate of the expenses of each other party for which the applicant may be liable in relation to the proceedings; and

(v) in the case of an application for liability in expenses to be limited to an amount lower or, as the case may be, higher than a sum mentioned in rule 58A.7(1), the grounds on which the lower or higher amount is applied for; and

(b) any documents or other materials on which the applicant seeks to rely.

(4) A party opposing an application for a protective expenses order must lodge with the notice of opposition—

(a) a statement setting out the grounds for opposing the application; and

(b) any documents or other materials on which the party seeks to rely.

CHAPTER 42A — Case management of certain personal injuries actions

Application and interpretation of this Chapter

42A.1

(1) Subject to paragraph (3), this Chapter applies to actions—

(a) proceeding as ordinary actions by virtue of rule 43.1A (actions based on clinical negligence) or rule 43.5 (motions to dispense with timetable);

(b) appointed to the procedure in this Chapter under paragraph (2).

(2) The Lord Ordinary may, after considering the likely complexity of an action and being satisfied that the efficient determination of the action would be served by doing so, appoint an action to which Chapter 43 (actions of damages for, or arising from, personal injuries) applies (including actions relating to catastrophic injuries) to the procedure in this Chapter.

(3) Any party to an action may apply by motion to have the action withdrawn from the procedure in this Chapter.

(4) No motion under paragraph (3) is to be granted unless the court is satisfied that there are exceptional reasons for not following the procedure in this Chapter.

(5) In this Chapter—

“personal injuries” and “personal injuries action” have the meanings assigned to them in rule 43.1(2) (interpretation of Chapter 43);

“proof” includes jury trial.

(6) Rule 22.3 (closing record) does not apply to an action to which this Chapter relates.

Appointment of action to the By Order (Adjustment) Roll

42A.2

(1) The pursuer must, no later than 14 days after the date on which the record is closed—

(a) lodge three copies of the closed record in process;

(b) at the same time, send a copy of the closed record to every other party.

(2) A closed record is to consist of the pleadings of the parties and the interlocutors pronounced in the action.

Lodging of closed record etc.

42A.3

(1) Where a party seeks to have the action appointed to debate, then that party must—

(a) on the lodging of the closed record in process, notify the court and the other party, or parties, that an application for a debate is to be made;

(b) make such application to the court, by motion, not more than 1 week from the date on which the closed record is lodged in process.

(2) The application must include—

(a) the legal argument on which any preliminary plea should be sustained or repelled;

(b) the principal authorities (including statutory provisions) on which the argument is founded.

(3) Following application being made to the court under paragraph (1)(b), before determining whether the action should be appointed to debate the Lord Ordinary is to hear from the parties with a view to ascertaining whether agreement can be reached on the points of law in contention.

(4) The Lord Ordinary, having heard the parties, is to determine whether the action should be appointed to debate.

(5) Where the action is appointed to debate, the Lord Ordinary may order that written arguments on any question of law are to be submitted.

(6) Where, following application made to the court under paragraph (1)(b), the court has determined that a hearing of any debate is not required then the time-frames specified in—

(a) rule 42A.4(3);

(b) rule 42A.5(2);

(d) rule 42A.5(4);

(e) rule 42A.6(2),

commence from the date on which the court has made such a determination.

(7) Where, following application made to the court under paragraph (1)(b), the cause is appointed to debate and is disposed of by the court, other than by decree of dismissal, then the time-frames specified in—

(a) rule 42A.4(3);

(b) rule 42A.5(2);

(d) rule 42A.5(4);

(e) rule 42A.6(2),

commence from the date on which the court disposes of all or any of the preliminary pleas.

Hearing on the By Order (Adjustment) Roll

42A.4

(1) Subject to paragraph (2), the court must, as soon as practicable after the closed record is lodged in process, fix a date for a case management hearing.

(2) Where a party seeks to have the action appointed to debate, the court must not fix a date for a case management hearing until such time as the court has determined such application and, as the case may be, disposed of the preliminary pleas at debate.

(3) Subject to rule 42A.3(6) and (7), the case management hearing fixed under this rule is to be not less than 16 weeks from the date on which the closed record is lodged in process.

Pre-proof timetable

42A.5

(1) Where an application for debate has been made in terms of rule 42A.3(1)(b), this rule is subject to rule 42A.3(6) or (7), as the case may be.

(2) The parties must, no later than 3 weeks after the date on which the closed record is lodged in process, exchange—

(a) reports, in draft form, from all skilled persons upon whose evidence the parties anticipate relying in the case;

(b) lists of witnesses (including their addresses and, where known, their occupations), in draft form;

(c) statements of all witnesses, who are named on the lists which are provided under sub-paragraph (b), which are available, and where any statement is not exchanged, an explanation as to why such a statement is not available;

(d) lists, in draft form, showing the discipline or expertise, of the skilled persons whom the parties have either instructed or intend to instruct, as the case may be, other than those already disclosed under sub-paragraph (a).

(3) The parties must, no later than 7 weeks after the date on which the closed record is lodged in process—

(a) exchange statements of the provisional valuation of the claim, in draft form, together with any available vouching;

(b) exchange written statements containing proposals for further procedure for providing the information required by rule 42A.6(2)(a), in draft form;

(d) exchange lists, in draft form, of all documentation in the possession of the parties relevant to the issues in dispute and upon which the parties intend to rely, to include—

(i) details of the institutions from which the parties have obtained medical records;

(ii) a note of the pagination of such medical records, and of any other records (such as social security, schools and social work records), including the dates which the records span;

(e) consider whether a meeting between skilled persons would be useful and, if so, at what stage of the action;

(f) make any requests for information to each other, to include—

(i) facilities for precognoscing witnesses;

(ii) statements from witnesses who are listed on the list mentioned in paragraph(2)(b) which have not yet been provided.

(4) The pursuer must, no later than 9 weeks after the date on which the closed record is lodged in process, send to the defender—

(a) a joint minute, in draft form, which includes—

(i) all matters, including matters admitted in the pleadings;

(ii) a glossary of terminology (such as medical or technical terms);

(iii) any heads of damage;

(iv) a chronology of events, as an appendix to the joint minute,

which are either agreed, or are considered by the pursuer capable of being agreed, by the parties;

(b) a paginated joint bundle, in draft form, of—

(i) medical records containing all the records from each institution;

(ii) other records (such as social security, schools and social work records),

in the possession of the pursuer which are relevant to the issues in dispute and upon which the pursuer intends to rely.

(5) The defender must, no later than 3 weeks after the date on which the defender received the draft joint minute and the draft paginated joint bundle of records, return to the pursuer—

(a) the joint minute, either in unamended form or following any revisals having been made to it, as required, by the defender;

(b) the paginated joint bundle of records, following the addition into the bundle of any further records in the possession of the defender,

relevant to the issues in dispute and upon which the defender intends to rely.

(6) Documents, when in draft form—

(a) must not be lodged with the court;

(b) must not be put in evidence at a proof or used in any other way, unless by consent of the parties.

55.5A

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