Legalize / United Kingdom / Statutory-Instrument

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

Source legislation.gov.uk

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Interested persons entering process

Appointment of curators ad litem to defenders

Applications for sist

Applications for sist in actions involving civil partnerships

Procedure in respect of children

Reports by local authorities under section 49(2) of the Act of 1975

Appointment of local authority or reporter to report on a child

Referral to family mediation ...

Applications for orders to disclose whereabouts of children

Applications in relation to removal of children

Intimation to local authority before supervised contact order

Joint minutes

Expenses of curator ad litem appointed to a child

Corrected gender recognition certificates

Applications for postponement of decree under section 3A of the Act of 1976

Applications to quash decisions

91.3

(1) An application under section 8(5B) of the Act of 2004 shall be made by petition.

(2) Where, on an application under section 8(5B) of the Act of 2004, the court quashes a decision to issue a gender recognition certificate, the Deputy Principal Clerk shall send a certified copy of the interlocutor to—

(a) the Registrar General for Scotland, and

(b) the Gender Recognition Panel.

Interpretation and application of this Chapter

CHAPTER 106 — MUTUAL RECOGNITION OF PROTECTION MEASURES IN CIVIL MATTERS

Interpretation

106.1

In this Chapter—

“Article 5 certificate” means a certificate issued under Article 5 of the Regulation;

“Article 14 certificate” means a certificate issued under Article14 of the Regulation;

“incoming protection measure” means a protection measure that has been ordered in a Member State other than the United Kingdom or Denmark;

“Member State” means a Member State of the European Union;

“person causing the risk” has the meaning given by Article 3(3) of the Regulation;

“protected person” has the meaning given by Article 3(2) of the Regulation;

“protection measure” has the meaning given by Article 3(1) of the Regulation;

“registered post service” has the meaning given by section 125(1) of the Postal Services Act 2000;

“the Regulation” means Regulation (EU) No. 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters.

Form of application for Article 5 certificate

106.2

An application for the issue of an Article 5 certificate shall be made by lodging Form 106.2 in process.

Issue of Article 5 certificate

106.3

The court shall issue an Article 5 certificate where—

(a) the order in respect of which the certificate is sought is a protection measure;

(b) the person applying for the certificate is a protected person in respect of the protection measure;

(d) the second condition specified in rule 106.4 is satisfied, if the protection measure is an interim interdict.

Conditions for issue of Article 5 certificate

106.4

(1) The first condition is that—

(a) at the hearing when the interlocutor granting the protection measure was pronounced, the person causing the risk was—

(i) personally present in court; or

(ii) represented by counsel or other person having a right of audience; or

(b) the interlocutor granting the protection measure has been intimated to the person causing the risk.

(2) The second condition is that either paragraph (3) or (4) applies.

(3) This paragraph applies where—

(a) the writ seeking interdict was intimated to the person causing the risk before interim interdict was granted;

(b) interim interdict was granted pursuant to a motion intimated on the person causing the risk; and

(4) This paragraph applies where the court is satisfied that the person causing the risk has had a sufficient opportunity to apply for recall of the interim interdict.

(5) Where the court requires to be satisfied that any writ, motion or interlocutor has been intimated for the purposes of this rule, it is for the person on whose behalf intimation has been given to lodge in process a certificate of intimation if such a certificate is not already in process.

Notice of issue of Article 5 certificate

106.5

(1) Where the court issues an Article 5 certificate, the Deputy Principal Clerk shall—

(a) send the protected person—

(i) the certificate, and

(ii) a certified copy of the interlocutor granting the protection measure; and

(b) give the person causing the risk notice of the issue of the certificate in accordance with paragraphs (2) to (4).

(2) Where the address of the person causing the risk is known, notice shall be given by sending that person—

(a) a notice in Form 106.5‒A,

(b) a copy of the certificate; and

(3) Where the address of the person causing the risk is outwith the United Kingdom, the Deputy Principal Clerk shall send the documents mentioned in paragraph (2) by a registered post service.

(4) Where the address of the person causing the risk is not known, notice shall be given by displaying on the walls of court a notice in Form 106.5‒B.

(5) In this rule, “Article 5 certificate” includes a rectified Article 5 certificate issued under Article 9(1)(a) of the Regulation.

Effect of variation of order

106.6

Where the order in respect of which an Article 5 certificate is sought has been varied prior to the issue of a certificate—

(a) the reference to the order in rule 106.3(a) is to the order as so varied; and

(b) the references to the interlocutor in rule 106.5 include a reference to any interlocutor varying the order.

Application for rectification or withdrawal of Article 5 certificate

106.7

(1) An application to the court under Article 9 of the Regulation for rectification or withdrawal of an Article 5 certificate shall be made by lodging Form106.7 in process.

(2) The court may determine an application without a hearing unless it considers that a hearing is required.

Issue of Article14 certificate

106.8

(1) An application for the issue of an Article 14 certificate shall be made by letter addressed to the Deputy Principal Clerk.

(2) Where the court issues an Article 14 certificate, the Deputy Principal Clerk shall send the certificate to the party on whose application the certificate was issued.

Form of applications relating to incoming protection measures

106.9

(1) The following applications shall be made by petition—

(a) an application for the adjustment of the factual elements of an incoming protection measure under Article 11 of the Regulation;

(b) an application to refuse the recognition and, where applicable, the enforcement of an incoming protection measure under Article 13 of the Regulation;

(c) a submission under Article 14(2) of the Regulation to suspend or withdraw the effects of the recognition and, where applicable, the enforcement of an incoming protection measure;

(d) an application under section 1(1) of the Protection from Abuse (Scotland) Act 2001 for a power of arrest to be attached to an incoming protection measure;

(e) an application under section 3(1) of the Domestic Abuse (Scotland) Act 2011 for a determination that an incoming protection measure is a domestic abuse interdict.

(2) Where a process exists in relation to an incoming protection measure, an application mentioned in paragraph (1) shall be made by note in that process.

Adjustment of incoming protection measure

106.10

(1) This rule applies for the purpose of an application under Article 11 of the Regulation to adjust the factual elements of an incoming protection measure.

(2) Unless the court considers that a hearing is required, the court may—

(a) dispense with intimation of the application; and

(b) determine the application without a hearing.

(3) Where necessary, the court may grant decree in accordance with Scots law.

(4) The Deputy Principal Clerk shall give the person causing the risk notice of the adjustment of the protection measure in accordance with paragraphs (5) to (7).

(5) Where the address of the person causing the risk is known, notice shall be given by sending that person—

(a) a notice in Form 106.10‒A;

(b) a copy of the interlocutor adjusting the factual elements of the protection measure.

(6) Where the address of the person causing the risk is outwith the United Kingdom, the Deputy Principal Clerk shall send the documents mentioned in paragraph (5) by a registered post service.

(7) Where the address of the person causing the risk is not known, notice shall be given by displaying on the walls of court a notice in Form 106.10‒B.

(8) Paragraph (9) applies where—

(a) the court has dispensed with intimation to the person causing the risk of an application for the adjustment of the factual elements of an incoming protection measure under Article 11 of the Regulation; and

(b) the person causing the risk reclaims against the interlocutor adjusting the incoming protection measure.

(9) Rule 38.2(1) (reclaiming days) applies as if there was substituted for the reference to the date on which the interlocutor was pronounced, a reference to the date on which notice was given under paragraph (4).

Attachment of power of arrest to incoming protection measure

106.11

(1) In this rule, “the Act of 2001” means the Protection from Abuse (Scotland) Act 2001.

(2) Where the court attaches a power of arrest to an incoming protection measure under section 1(2) of the Act of 2001, the following documents shall be served along with the power of arrest in accordance with section 2(1)—

(a) a copy of the protection measure;

(b) a copy of the Article 5 certificate issued by the issuing authority of the Member State of origin; and

(3) After the power of arrest has been served, the following documents shall be delivered by the protected person to the chief constable of the Police Service of Scotland in accordance with section 3(1)—

(a) a copy of the protection measure;

(b) a copy of the Article 5 certificate issued by the issuing authority of the Member State of origin;

(d) a copy of the application for the power of arrest;

(e) a copy of the interlocutor attaching the power of arrest;

(f) a copy of the certificate of service of the power of arrest and the documents that required to be served along with it in accordance with section 2(1) of the Act of 2001; and

(g) where a determination has previously been made in respect of the protection measure under section 3(1) of the Domestic Abuse (Scotland) Act 2011, a copy of the interlocutor making the determination.

(4) An application under the following provisions of the Act of 2001 shall be made by note in the process of the petition in which the power of arrest was attached—

(a) section 2(3) (extension of power of arrest);

(b) section 2(7) (recall of power of arrest).

(5) Where the court extends the duration of, or recalls a power of arrest, the person who obtained the extension, or the recall as the case may be, shall deliver a copy of the interlocutor granting the extension or the recall in accordance with section 3(1) of the Act of 2001.

(6) Where the court pronounces an interlocutor granting an application mentioned in rule106.9(1)(a) to (c) in respect of an incoming protection measure to which a power of arrest is attached, the applicant shall deliver a copy of that interlocutor to the chief constable of the Police Service of Scotland in accordance with section 3(1) of the Act of 2001.

(7) Where a person is required to comply with section 3(1) of the Act of 2001, that person shall, after complying with that section, lodge in process a certificate of delivery in Form106.11.

Determination that incoming protection measure is a domestic abuse interdict

106.12

(1) This rule applies where the court makes a determination that an incoming protection measure is a domestic abuse interdict.

(2) A protected person who serves under section 3(4) of the Domestic Abuse (Scotland) Act 2011 a copy of an interlocutor containing a determination under section 3(1) shall lodge in process a certificate of service.

(3) Paragraph (4) applies where, in respect of an incoming protection measure—

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

(b) a determination is made.

(4) Where such a determination is made, the person who obtained the determination shall send to the chief constable of the Police Service of Scotland a copy of the interlocutor containing the determination and the certificate of service.

(5) Where a person is required by virtue of this rule to send documents to the chief constable of the Police Service of Scotland, that person must, after such compliance, lodge in process a certificate of sending in Form 106.12.

Appeals under the Act of 1982 or the Lugano Convention

Application and interpretation of this Part

62

(1) This Part applies to the recognition and enforcement of a judgment under the Brussels I (recast) Regulation.

(2) In this Part—

“adaptation order” means an order for the adaptation of a measure or order which is contained in a foreign judgment but is unknown under the law of Scotland, pursuant to Article 54 of the Brussels I (recast) Regulation;

“authentic settlement” has the meaning given by Article 2(c) of the Brussels I (recast) Regulation;

“the Brussels I (recast) Regulation” means Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12th December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) as amended from time to time and as applied by the Agreement of 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;

“court settlement” has the meaning given by Article 2(b) of the Brussels I (recast) Regulation;

“judgment” has the meaning given by Article 2(a) of the Brussels I (recast) Regulation.

Disapplication of certain rules to this Part

62

Rules 4.1(1) (printed form for petition) and 14.4 (form of petitions) do not apply to an application under this Part.

Form of applications

62

(1) An application under the following provisions of the Brussels I (recast) Regulation is to be made by petition in Form 62.42C-A—

(a) Article 36(2) (decision that there are no grounds for refusal of recognition as referred to in Article 45);

(b) Article 45(1) (refusal of recognition of judgment);

(d) Article 58(1) (refusal of enforcement of authentic instrument);

(e) Article 59 (refusal of enforcement of court settlement).

(2) An application for an adaptation order is to be made by petition in Form 62.42C-B.

(3) A challenge under Article 54 (2) of the Brussels I (recast) Regulation to the adaptation of a measure or order without an adaptation order is to be made by petition in Form 62.42C-C.

Application of this Part and modification of this Chapter for the purposes of this Part

Form application and lodging of application in court

Determination of application for permission to proceed

41.60

(1) An application for permission shall, without a motion being enrolled—

(a) during session, be brought before a procedural judge on the first available day after being made for an order for—

(i) service of the application on the respondent and such other person as the procedural judge thinks fit within 7 days of the date of the order or such other period as the procedural judge thinks fit; and

(ii) any person on whom the application has been served, to lodge answers restricted to the question of whether permission should be granted, if so advised, within 14 days after the date of service or within such other period as the procedural judge thinks fit; and

(b) during vacation, be brought before the vacation judge for such an order.

(2) Where an application for permission is served under paragraph(1), evidence of service in accordance with Chapter 16 of these Rules shall be provided to the General Department within 14 days from the date of service.

(3) Within 14 days after expiry of the period within which answers may be lodged, the applicant may apply by motion to the procedural judge for the application for permission to be granted.

Further procedure where the court grants permission to proceed

41.61

Where the court has granted permission for an application to proceed—

(a) the court shall make an order for any person on whom the application has been served to lodge answers to the application, if so advised, within such period as the court thinks fit;

(b) the applicant or a respondent may seek urgent disposal of the application under rule41.4 (urgent disposal of appeal);

(c) in rule 41.4(2)(b) (urgent disposal of appeal), rule 41.28(2) (motion for further procedure) and rule 41.29(1) (timetable in appeal under Part III), “answers” means answers lodged following an order under rule 41.61(a).

Determination etc. under section 28A of the Act of 1985: appeals and referrals

Interim orders: notification to interested persons

Interim orders: representations

Notification of reporting restrictions

102.4

Where the court makes an order, the clerk of court shall immediately—

(a) send a copy of the order to any interested person;

(b) arrange for the publication of the making of the order on the Scottish Court Service website.

Applications for variation or revocation

102.5

(1) A person aggrieved by an order may apply to the court for its variation or revocation.

(2) An application shall be made by note in process.

(3) On an application being made—

(a) the court shall appoint the application for a hearing;

(b) the clerk of court shall—

(i) notify the date and time of the hearing to the parties to the proceedings and the applicant;

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

(4) The hearing shall, so far as reasonably practicable, be before the judge or judges who made the order.

CHAPTER 14B — DETERMINATION OF THE VALUE OF AN ORDER

Application and interpretation

14B.1

(1) This Chapter makes provision about determining, for the purposes of section 39 of the Act of 2014—

(a) the value of an order sought in a cause; and

(b) the aggregate total value of all the orders sought in a cause.

(2) In this Chapter “order” is to be construed in accordance with section39(6) of the Act of 2014.

Value of an order for payment of money

14B.2

(1) This rule applies where the order sought is an order for payment of money.

(2) The value of the order is the sum of money sought unless the court otherwise determines.

(3) Where the order sought is for—

(a) payment in instalments; or

(b) a periodical payment, that is a payment that recurs at specified intervals or on the occurrence of specified events,

the instalments or periodical payments are added together to determine the sum of money sought.

(4) Where an award of interest is sought from the court in addition to the payment of money, that interest is not to be taken into account for the purposes of this rule.

(5) Where the party seeking the order considers that its value exceeds the value of the sum of money sought, that party must make averments stating—

(a) why it considers that to be the case;

(b) its true value, and

its value is the sum stated in those averments, unless the court otherwise determines.

Value of an order determining rights in relation to property

14B.3

(1) This rule applies where the order sought is an order determining rights in relation to property.

(2) The party seeking the order must make averments stating—

(a) the value of that order;

(b) why it considers that to be the value, and

its value is the sum stated in those averments, unless the court otherwise determines.

Provision where the value of an order is unascertainable

14B.4

(1) This rule applies where a party seeking an order considers that its value is unascertainable at the time when the order is sought.

(2) That party must make averments stating why it considers the value to be unascertainable.

(3) The court is to put the cause out on the By Order Roll—

(a) where the cause has been commenced by summons, on the first suitable court day after the expiry of the period for lodging defences under rule 18.1(2); or

(b) where the cause has been commenced by petition, on the first suitable court day after the expiry of the period of notice for lodging answers under rule 14.6(1).

(4) At the hearing under paragraph (3), the parties may make submissions in relation to the value of the order and whether it is unascertainable.

(5) Where the court determines that the value is unascertainable, its value is to be taken as exceeding £100,000.

Determining the aggregate total value of orders in a cause

14B.5

(1) This rule applies where more than one order is sought in a cause, including where—

(a) a party seeks orders against more than one other party in the same cause;

(b) more than one party seeks an order in the same cause, whether against one or more other parties.

(2) The aggregate total value is determined by adding together the value of each order as determined in accordance with this Chapter.

(3) An order that is alternative to any other order sought by the same party is to be disregarded in determining the aggregate total value.

(4) An order sought in a counterclaim is to be disregarded in determining the aggregate total value.

Determination by the court

14B.6

(1) This rule applies where the court requires to determine the value of an order or the aggregate total value of all the orders sought.

(2) The court is to have regard to the pleadings in the cause, including any defences or answers that have been lodged.

(3) The court may put the cause out on the By Order Roll in order that parties may make submissions where the court considers that doing so would assist it to determine the value of an order or the aggregate total value of all the orders sought.

(4) The court must put the cause out on the By Order Roll in order that parties may make submissions if it is considering making a determination that the aggregate total value of all the orders sought is less than £100,000.

Form of remit request

32.2A

(1) A request under section 92(4) of the Act of 2014 (request for remit to the Court of Session) is made by interlocutor.

(2) Within 14 days of the issuing of that interlocutor, the party seeking the remit must lodge—

(a) a remit request, consisting of—

(i) the whole pleadings and interlocutors in the cause;

(ii) the note of the sheriff mentioned in rule 26.2A(2) of the Ordinary Cause Rules 1993 in Schedule 1 to the Sheriff Courts (Scotland) Act 1907;

(b) a process in accordance with rule 4.4 (steps of process).

Determination of remit request

32.2B

(1) Where a remit request is lodged, the court is to put the request out on the By Order roll in order that the party seeking the remit and any other party to the sheriff court proceedings may make submissions about whether the proceedings should be remitted.

(2) The Lord Ordinary, having heard parties, may—

(a) refuse the request; or

(b) make an order under section 92(5) of the Act of 2014 allowing the proceedings to be remitted.

(3) The Deputy Principal Clerk must, within 4 days after the interlocutor has been pronounced under paragraph (2), send a copy of the interlocutor to the sheriff clerk of the sheriff court specified in the interlocutor.

Intimation of receipt of process transmitted from sheriff court

Lodging of process and motion for further procedure

Reponing against failure to comply with rule 32.4

Insistence in remit by another party

Re-transmission to sheriff clerk

Applications for new trial: sheriff court cases

39.1A

(1) An application under section 69(1) of the Act of 2014 (application for new trial) must be made to a procedural judge, by motion, within 7 days after the date on which the jury have returned their verdict.

(2) A motion under paragraph (1) must specify the grounds on which the application is made.

(3) An application under section 69(1) of the Act of 2014 may not be made unless in the case of an application specifying the ground in—

(a) section 69(2)(a) of the Act of 2014 (misdirection by sheriff), the procedure in rule36B.8 of the Ordinary Cause Rules (exceptions to sheriff’s charge) has been complied with;

(b) section 69(2)(b) of the Act of 2014 (undue admission or rejection of evidence), objection was taken to the admission or rejection of evidence at the trial and recorded in the notes of evidence under the direction of the sheriff presiding at the trial; or

(c) section 69(2)(c) of the Act of 2014 (verdict contrary to evidence), it sets out in brief specific numbered propositions the reasons the verdict is said to be contrary to the evidence.

(4) On enrolling a motion for a new trial, the party enrolling it must lodge—

(a) a print of the whole pleadings and interlocutors in the cause incorporating the issues and counter-issues;

(b) the verdict of the jury; and

(5) In this rule—

“the Ordinary Cause Rules” means the Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907.

Applications out of time

Objections to the competency of application

Timetable in application for a new trial

Sist or variation of timetable in application for a new trial

Failure to comply with timetable in application for a new trial

Procedural hearing in application for a new trial

Lodging of appendix

Applications to enter jury verdict

Application to enter jury verdict: sheriff court cases

39.9A

(1) An application under section 71(2) of the Act of 2014 (verdict subject to opinion of the Court) must be made by motion to a procedural judge.

(2) On enrolling a motion under paragraph (1), the party enrolling it must lodge in process four copies of—

(a) a print of the whole pleadings and interlocutors in the cause incorporating the issues and counter–issues;

(b) any exception taken during the trial and the determination on it of the sheriff presiding at the trial; and

and send one copy of it to every other party.

(3) Unless the procedural judge otherwise directs, it will not be necessary for the purposes of such a motion to print the notes of evidence, but the notes of the sheriff presiding at the trial may be produced at any time if required.

(4) In the case of complexity or difficulty, the procedural judge may appoint an application referred to in paragraph (1) to the Summar Roll for hearing.

Single Bills

CHAPTER 41A — APPEALS TO THE SUPREME COURT

Application of this Chapter

41A.1

This Chapter applies to an application for permission to appeal to the Supreme Court under section40(1)(a) or (3) of the Act of 1988.

Applications for permission to appeal

41A.2

(1) An application is made in Form 41A.2.

(2) The application must set out the proposed grounds of appeal and the basis on which permission to appeal is sought.

Determination of applications for permission to appeal

41A.3

(1) An application must, without a motion being enrolled, be brought before the Inner House on the first available day after being made for an order for—

(a) service of the application on the respondent and such other person as the Inner House thinks fit within 7 days of the date of the order or such other period as is thought fit;

(b) any person on whom the application has been served to lodge answers, if so advised, within 14 days after the date of service or within such other period as is thought fit.

(2) Where an application is served under paragraph (1), evidence of service in accordance with Chapter 16 of these Rules is to be provided to the General Department within 14 days from the date of service.

(3) Within 14 days after expiry of the period within which answers may be lodged, the applicant may apply by motion to the Inner House for the application to be granted.

Power to make orders

42A.6

(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) No later than 14 weeks after the date on which the closed record is lodged in process—

(a) the parties must lodge in process and, at the same time, send to every other party a written statement containing proposals for further procedure, which must include—

(i) the issues for proof;

(ii) a list of the witnesses (including their addresses and, where known, their occupations) who are intended to be called to give evidence, including the matters to which each witness is expected to speak and the time estimated for each witness;

(iii) information as to whether any such witness is considered to be a vulnerable witness within the meaning of section 11(1) of the Vulnerable Witnesses (Scotland) Act 2004 (interpretation of Part 2 of the Act) and whether any child witness notice under section 12(2) of that Act (orders authorising the use of special measures for vulnerable witnesses) or any vulnerable witness application under section 12(6) of that Act has been, or is to be, lodged in respect of that witness;

(iv) a list of the reports of any skilled persons which have been exchanged;

(v) a list of all relevant documents, including medical records, which have been exchanged;

(vi) a list of the witness statements which have been exchanged, and a note of any further witness statements which have not yet been exchanged but are anticipated;

(vii) the time estimated for proof and how that estimate was arrived at;

(viii) information as to whether any other progress that has been made, is to be made, or could be made in advance of the proof;

(ix) information as to whether an application has been or is to be made under rule 37.1 (applications for jury trial);

(b) the pursuer must, after liaising with the defender, lodge in process and, at the same time, send to every other party a signed joint minute setting out the matters which have been agreed between the parties;

(c) where there are matters relevant to the issues in dispute which are not included in the joint minute lodged under sub-paragraph (b), then the parties must lodge in process and, at the same time, send to every other party a written statement explaining why such matters have not been agreed by the parties.

Application of this Chapter

Interpretation

The petition

The petition: intimation and service

The petition: transfers to the Upper Tribunal

The petition: participation in the permission stage and intention to contest

The permission stage

The permission stage: requesting an oral hearing

The permission stage: oral hearing

The permission stage: appeal to the Inner House

The permission stage: where permission is granted

The procedural hearing

The substantive hearing

58.13

(1) At the substantive hearing the Lord Ordinary must hear the parties.

(2) In exercising the supervisory jurisdiction on a petition for judicial review, the Lord Ordinary may—

(a) grant or refuse any part of the petition, with or without conditions;

(b) make any order that could be made if sought in any action or petition including, in particular, an interim order or any order listed in paragraph (3) (whether or not such an order was sought in the petition).

(3) Those orders are—

(a) reduction;

(b) declarator;

(d) interdict;

(e) implement;

(f) restitution; and

(g) payment (whether of damages or otherwise).

Additional parties

58.14

(1) This rule applies to a person who—

(a) was not specified in an order made under rules 58.4(1), 58.11(2) or 58.12(2) as a person who should be served with the petition; and

(b) is directly affected by an issue raised in the petition.

(2) That person may apply by motion for leave to enter the process.

(3) If the motion is granted, the Lord Ordinary or Inner House (as the case may be) must make such orders as are considered appropriate to enable that person to participate in the proceedings.

Transfers to judicial review procedure

58.15

(1) The Lord Ordinary may order that a cause raised as an action should proceed as a petition for judicial review, if satisfied that—

(a) it should proceed in that way; and

(b) the requirements of section 27B(2) or (3) (as the case may be) of the Act of 1988 are met.

(2) If the Lord Ordinary orders that an action should proceed as a petition for judicial review, it must proceed under rule 58.11 (as if permission had been granted) and the Lord Ordinary must also order—

(a) the petitioner to prepare a minute stating—

(i) the act, decision or omission to be reviewed;

(ii) the remedies which the petitioner seeks; and

(iii) the legal grounds of challenge;

and to intimate the minute and lodge it in process within 7 days;

(b) the respondent to lodge and intimate answers to that minute within 14 days thereafter.

(3) That minute and answers, together with the earlier pleadings, thereafter comprise the pleadings in the proceedings, subject to such further adjustment or amendment as the Lord Ordinary may authorise.

Transfers from judicial review procedure

58.16

(1) The Lord Ordinary may order that a cause raised as a petition for judicial review should proceed as an ordinary action, if satisfied that it should proceed in that way.

(2) If the Lord Ordinary orders that a petition for judicial review should proceed as an ordinary action, it is withdrawn from the procedure under this Chapter and the Lord Ordinary must order—

(a) the pursuer to prepare a minute containing conclusions and pleas in law;

(b) the defender to prepare a minute containing pleas in law;

and that those minutes must be lodged in process within 7 days.

(3) Those minutes, together with the earlier pleadings, thereafter comprise the pleadings in the proceedings, subject to such further adjustment or amendment as the Lord Ordinary may authorise.

Public interest intervention

58.17

(1) This rule applies to a person who—

(a) was not specified in an order made under rules 58.4(1), 58.11(2) or 58.12(2) as a person who should be served with the petition; and

(b) is not directly affected by any issue raised in the petition.

(2) That person may apply by application for leave to intervene—

(a) in the decision whether to grant permission;

(b) in a petition which has been granted permission; or

(3) In rules 58.18 to 58.20, “court” means the Lord Ordinary or the Inner House, as the case may be.

Public interest intervention: the minute of intervention

58.18

(1) An application for leave to intervene is made by minute of intervention in Form 58.18.

(2) The minute of intervention must set out—

(a) the name and description of the applicant;

(b) a brief statement of the issue in the proceedings which the applicant wishes to address and the applicant’s reasons for believing that this issue raises a matter of public interest; and

(c) a brief statement of the propositions to be advanced by the applicant and the applicant’s reasons for believing that they are relevant to the proceedings and that they will assist the court.

(3) The applicant must—

(a) send a copy of the minute to all parties; and

(b) lodge the minute, certifying on it that it has been sent to all parties.

Public interest intervention: the decision of the court

58.19

(1) The court may, in an application for leave to intervene—

(a) refuse leave without a hearing;

(b) grant leave without a hearing (unless a hearing is requested); or

(2) A hearing may be held if one of the parties lodges a request for a hearing—

(a) in an application to intervene where the court has not yet granted permission, within 2 days from the date that the minute of intervention was lodged; or

(b) in any other case, within 14 days from the date that the minute of intervention was lodged.

(3) At a hearing, the parties may address the court on whether the intervention will unduly delay or otherwise prejudice the rights of the parties, including their potential liability for expenses.

(4) The court may grant leave only if it is satisfied that—

(a) the proceedings raise a matter of public interest;

(b) the issue in the proceedings which the applicant wishes to address raises a matter of public interest;

(c) the propositions to be advanced by the applicant are relevant to the proceedings and are likely to assist the court; and

(d) the intervention will not unduly delay or otherwise prejudice the rights of the parties, including their potential liability for expenses.

(5) The court may, when granting leave, impose such terms and conditions as it considers desirable in the interests of justice, including making provision in respect of additional expenses incurred by the parties as a result of the intervention.

(6) The clerk of court must give written intimation of a grant or refusal of leave to the applicant and all parties.

Public interest intervention: form of intervention

58.20

(1) An intervention is by written submission.

(2) The written submission (including appendices) must not exceed 5000 words.

(3) The applicant must lodge the written submission and send a copy of it to all parties by such time as the court may direct.

(4) The court may, in exceptional circumstances—

(a) allow a longer written submission;

(b) allow an oral submission.

Child welfare reporters

Appointment of local authority to report on a child

49.22A

(1) This rule applies where the court appoints a local authority to investigate and report to the court on the circumstances of a child and on the proposed arrangements for the care and upbringing of the child.

(2) The following provisions of rule 49.22 apply as if the reference to the child welfare reporter was a reference to the local authority appointed by the court—

(a) paragraph (3)(a) and (b);

(b) paragraph (6)(a) and (b);

(d) paragraph (8).

(3) On completion of the report referred to in paragraph (1), the local authority must—

(a) send the report to the Deputy Principal Clerk; and

(b) unless otherwise directed by the court, send a copy of the report to each party to the proceedings.

Referral to family mediation ...

Applications for orders to disclose whereabouts of children

Applications in relation to removal of children

Intimation to local authority before supervised contact order

Joint minutes

Expenses of curator ad litem appointed to a child

Corrected gender recognition certificates

Applications for postponement of decree under section 3A of the Act of 1976

Appeals relating to requests for environmental information

Public participation in decisions on specific environmental activities

58A.2A

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

(2) The petitioner or the appellant may make an application for a protective expenses order.

(3) Such an 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

(5) The court may refuse to make a protective expenses order if it considers that the applicant has no real prospect of success.

Contravention of the law relating to the environment

58A.2B

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

(2) The petitioner or the appellant may make an application for a protective expenses order.

(3) Such an 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 for the applicant.

(5) The court may refuse to make a protective expenses order if it considers that the applicant has no real prospect of success.

Applications for protective expenses orders

Terms of protective expenses orders

Determination of terms of a protective expenses orders

Recognition and Enforcement in another Member State of Court of Session judgments etc.

Applications during an administration, energy administration or postal administration

Determination etc. under section 66: appeals and referrals

Remit of application under section 211(1)

Interpretation of this Chapter

76.A1

(1) In this Chapter—

“the 2014 Regulations” means the Criminal Justice and Data Protection (Protocol No.36) Regulations 2014 and

“domestic restraint order” and “specified information” have the meanings given by paragraph 1 of schedule 1 to the 2014 Regulations.

Interpretation of this Part

Disapplication of certain rules to this Part

Applications for restraint orders

Applications in relation to protective measures

Applications for ... compensation

Applications for disclosure of information by government departments

Applications for appointment of administrators

Incidental applications in an administration

Requirements where order to facilitate realisation of property considered

Documents for Accountant of Court

Procedure for finding caution

Administrator’s title to act

Duties of administrator

State of funds and scheme of division

Objections to scheme of division

Application for discharge of administrator

Appeals against determination of outlays and remuneration

Remits from High Court of Justiciary

Interpretation and application of this Part

Restraint and administration orders

CHAPTER 76A — SERIOUS CRIME PREVENTION ORDERS

Interpretation of this Chapter

Serious Crime Prevention Orders: petitions

Third party representations

Variation or discharge of a serious crime prevention order

CHAPTER 74A — ORDERS AGAINST INSOLVENCY PRACTITIONERS AND RECOGNISED PROFESSIONAL BODIES

Application and interpretation of this Chapter

74A.1

(1) This Chapter applies to applications under the Insolvency Act 1986 for orders against persons who act as insolvency practitioners and against recognised professional bodies.

(2) In this Chapter—

“the Act of 1986” means the Insolvency Act 1986;

“act as insolvency practitioner” has the same meaning as in section 388 of the Act of 1986;

“recognised professional body” has the same meaning as in section 391 of the Act of 1986.

Applications

74A.2

(1) An application—

(a) under section 391P of the Act of 1986 (application for, and power to make, direct sanctions order against a person acting as an insolvency practitioner); or

(b) under section 391T of the Act of 1986 (compliance order against a recognised professional body),

is made by petition.

CHAPTER 107 — COUNTER-TERRORISM AND SECURITY ACT 2015 – TEMPORARY EXCLUSION ORDERS

Interpretation and application of this Chapter

107.1

(1) In this Chapter—

“the 2015 Act” means the Counter-Terrorism and Security Act 2015;

“Advocate General” means the Advocate General for Scotland;

“affected person” means an individual on whom the Secretary of State has imposed, or is proposing to impose, a TEO;

“appeal proceedings” means proceedings in the Inner House on an appeal relating to TEO proceedings;

“legal representative” is to be construed in accordance with paragraph 4(4)(b) of schedule 3 of the 2015 Act;

“relevant party” means any party to the TEO proceedings or appeal proceedings other than the Secretary of State;

“special advocate” means a person appointed under paragraph 10(1) of schedule 3 of the 2015 Act;

“TEO” means a temporary exclusion order as defined by section 2(1) of the 2015 Act; and

“TEO proceedings” has the same meaning as in paragraph 1 of schedule 3 of the 2015 Act.

(2) This Chapter applies in relation to TEO proceedings and appeal proceedings.

TEO petitions

107.2

(1) The following must be made by lodging a petition with the Deputy Principal Clerk—

(a) an application made under section 3(1)(b) of the 2015 Act for permission to impose a TEO on an individual;

(b) a reference made under paragraph 3(1) of schedule 2 of the 2015 Act;

(2) The following rules do not apply to the petition—

(a) rule 4.3 (lodging of processes);

(b) rule 4.4 (steps of process);

(d) rule 4.6 (intimation of steps of process);

(e) rule 4.11 (documents not to be borrowed);

(f) rule 4.12 (borrowing and returning documents);

(g) rule 14.5 (first order in petitions);

(h) rule 14.6 (period of notice for lodging answers);

(i) rule 14.7 (intimation and service of petitions);

(j) rule 14.8 (procedure where answers lodged); and

(k) rule 14.9 (unopposed petitions).

(3) Subject to rule 107.6 (permission not to disclose relevant material etc.)—

(a) a petition referred to in paragraph (1)(a) must include, in numbered paragraphs, statements of reasons to support the application;

(b) a petition referred to in paragraph (1)(b) must include, in numbered paragraphs, statements of reasons for imposing the TEO; and

(i) the details of each decision which it is sought to review;

(ii) details of how the affected person is affected by the decision; and

(iii) the grounds on which the affected person seeks to review the decision.

(4) Subject to rule 107.6, the following documents must be lodged with the petition—

(a) in the case of a petition under paragraph (1)(a), the productions of the Secretary of State; and

(b) in the case of a petition under paragraph (1)(b), the productions of the Secretary of State and a copy of the TEO.

(5) Subject to rule 107.6, the following documents must be lodged with a petition under paragraph (1)(c)—

(a) the productions of the affected person in support of the application;

(b) a copy of the notice under section 4 of the 2015 Act of the imposition of the TEO; and

Initial diets

107.3

(1) On receipt of a petition under rule 107.2, the Deputy Principal Clerk must allocate an initial diet for the court’s consideration to begin.

(2) The Deputy Principal Clerk must notify the date and time of an initial diet to the Secretary of State and, unless the Lord Ordinary orders otherwise, the affected person, any legal representative of the affected person and any special advocate.

(3) The affected person must, not later than the date of the initial diet, lodge with the Deputy Principal Clerk and serve on the Secretary of State a copy of any answers and productions that are to be founded upon by the affected person at the initial diet.

(4) Where a special advocate is appointed for the purposes of the initial diet, the special advocate must lodge with the Deputy Principal Clerk and serve on the Secretary of State a copy of any answers that are to be founded upon by the special advocate at the initial diet.

(5) At the initial diet, the parties present must state their proposals for further procedure in respect of the petition and the interlocutor of the court must include such order for further procedure as the court thinks fit.

(6) Where an initial diet has been held in the absence of the affected person the Deputy Principal Clerk must serve a copy of the interlocutor of the court on that person.

Appointment of special advocates

107.4

(1) Subject to paragraph (2), the Secretary of State must give notice to the Advocate General upon—

(a) making any application or reference under section 3(1)(b) or paragraph 3(1) of schedule 2 of the 2015 Act respectively;

(b) making any motion in respect of TEO proceedings or appeal proceedings;

(d) being served with a note of appeal, reclaiming motion or other application in respect of TEO proceedings or appeal proceedings.

(2) Paragraph (1) applies unless—

(a) the Secretary of State does not intend to—

(i) oppose the appeal, reclaiming motion or other application; or

(ii) make an application under rule 107.6(3); or

(b) a special advocate has already been appointed to represent the interest of the affected person in the proceedings.

(3) Where notice is given to the Advocate General under paragraph (1), the Advocate General may appoint a special advocate to represent the interests of the affected person in the proceedings.

(4) Where there are any TEO proceedings or appeal proceedings but no special advocate has been appointed, the affected person or the Secretary of State may at any time request the Advocate General to appoint a special advocate.

(5) On the appointment of any special advocate, the Advocate General must intimate the name of the special advocate to the Deputy Principal Clerk in writing.

(6) The special advocate may address the court in any TEO proceedings or appeal proceedings from which the affected person (and any legal representative of the affected person) is excluded.

Special advocates: further provision

107.5

(1) A special advocate upon whom material has been served under rule 107.6(7)(a) must not communicate about the TEO proceedings or appeal proceedings or any matter connected with such proceedings except in accordance with this rule or with the authority of the court.

(2) The special advocate may, without the authority of the court, communicate about the TEO proceedings or appeal proceedings with—

(a) the court;

(b) the Secretary of State or any person acting for the Secretary of State;

(d) any other person, except for the relevant party or his or her legal representative, with whom it is necessary for administrative purposes for the special advocate to communicate about matters not connected with the substance of the proceedings.

(3) The special advocate may apply by motion for authority to communicate with any relevant party to the proceedings or his or her legal representative or with any other person about the proceedings or a matter connected to the proceedings.

(4) A notice of any opposition to a motion under paragraph (3) must be intimated to the special advocate and the relevant party.

(5) The relevant party must not communicate with a special advocate upon whom material has been served under rule 107.6(7) other than in writing and through a legal representative.

(6) The special advocate may, without the authority of the court, send a written acknowledgement of receipt of a communication under paragraph (5).

Permission not to disclose relevant material etc.

107.6

(1) In this rule, “relevant material” means—

(a) material on which the Secretary of State relies;

(b) material which adversely affects the Secretary of State’s case; and

(2) Subject to paragraph (3), the Secretary State must lodge all relevant material as productions.

(3) The Secretary of State may apply by motion for permission not to disclose relevant material.

(4) The Secretary of State is not required to disclose to the affected person any relevant material which is the subject of an application under paragraph (3).

(5) Subject to paragraph (6), the Secretary of State must not rely upon any relevant material which is the subject of an application under paragraph (3) unless a special advocate has been appointed.

(6) Paragraph (5) does not apply in respect of an initial diet where the court has ordered the Deputy Principal Clerk not to notify the affected person of the date and time of the initial diet.

(7) Where the Secretary of State makes an application under paragraph (3) and a special advocate has been appointed, the Secretary of State must lodge with the Deputy Principal Clerk and serve on the special advocate—

(a) the relevant material;

(b) a statement of the reasons for the application for permission not to disclose the relevant material; and

(c) if and to the extent that it is possible to do so without disclosing information contrary to the public interest, a summary of the relevant material which can be served on the affected person.

(8) On the making of an application under paragraph (3), the court must, unless paragraph(9) applies, direct the Deputy Principal Clerk to allocate a diet for a hearing of the application and the Deputy Principal Clerk must intimate the date and time in writing to the Secretary of State and to any special advocate appointed under rule 107.4.

(9) This paragraph applies where—

(a) the special advocate gives notice that he or she does not oppose an application under paragraph (3);

(b) the court has previously considered an application by the Secretary of State for prohibition of disclosure of the same or substantially the same matters, and is satisfied that it would be just to prohibit disclosure without a hearing; or

(10) An application under paragraph (3) must be considered in the absence of the affected person and his or her legal representative.

(11) The court must grant the application under paragraph (3) where it considers that the disclosure of the material would be contrary to the public interest.

(12) On granting an application under paragraph (3), the court must order the Secretary of State to serve upon every relevant party (and their legal representatives) a copy of the summary lodged under paragraph (7)(c) unless the court considers that the summary contains information or other material the disclosure of which would be contrary to the public interest.

(13) Paragraph (14) applies where the court—

(a) does not grant permission to the Secretary of State to withhold relevant material; or

(b) requires the Secretary of State to provide a relevant party to the proceedings with a summary of relevant material that is withheld.

(14) In a case where the Secretary of State elects not to disclose the relevant material or (as the case may be) not to provide the summary—

(a) if the court considers that the relevant material or anything that is required to be summarised might adversely affect the Secretary of State’s case or support the case of a relevant party to the proceedings, the court may direct that the Secretary of State is not to rely on such points in the proceedings or is to make such concessions or take such other steps as the court may specify; or

(b) in any other case, the court must ensure that the Secretary of State does not rely in the proceedings on the material or (as the case may be) on what is required to be summarised.

Anonymity

107.7

(1) The Secretary of State or the affected person may apply for an order requiring anonymity for the affected person—

(a) in TEO proceedings or appeal proceedings, by motion;

(b) where there are no TEO proceedings or appeal proceedings, by lodging a petition with the Deputy Principal Clerk.

(2) The reference in this rule to an order requiring anonymity for the affected person is to be construed in accordance with paragraph 6(3) of schedule 3 of the 2015 Act.

Exclusion from diets or hearings etc.

107.8

(1) If the court considers it necessary for the affected person and his or her legal representative, or any other relevant party, to be excluded from a diet or hearing or part of a diet or hearing to secure that information is not disclosed contrary to the public interest, it must—

(a) make an order in that respect; and

(b) conduct the diet or hearing, or that part of it from which the affected person and his or her legal representative or other relevant party are excluded, in private.

(2) The court may otherwise order a diet or hearing to be conducted in private if it thinks fit.

(3) When the court issues an opinion in any proceedings to which this Chapter applies, the court may withhold any or part of its reasons if and to the extent that it is not possible to give reasons without disclosing information contrary to the public interest.

(4) Where an opinion of the court does not include the full reasons for its decision—

(a) the court must prepare a separate opinion including those reasons; and

(b) the Deputy Principal Clerk must serve that separate opinion on the Secretary of State and the special advocate.

Recording of TEO and appeal proceedings

107.9

(1) TEO proceedings and appeal proceedings must be recorded.

(2) The record of proceedings must include—

(a) any objection to a question or line of evidence;

(b) any submission made in relation to such an objection; and

(3) Any transcript of the record of the proceedings must only be made on the direction of the court and must be subject to such order as to the cost of the transcript as the court thinks fit.

(4) The court may make such alterations to a transcript of the record of the proceedings as appear to it to be necessary after hearing the parties; and where such alterations are made, the court must authenticate the alterations.

Interpretation of this Chapter

Pursuers’ offers

Making of offer

Form of offer

Disclosure of offers

Acceptance of offers

Late acceptance of offers

34A.7

(1) This rule applies to the determination of a motion under rule 34A.6(4) where the court is satisfied that a defender lodged a minute of acceptance after the appropriate date.

(2) On the pursuer’s motion the court must, except on cause shown—

(a) allow interest on any sum decerned for from the date on which the pursuer’s offer was made; and

(b) find the defender liable for payment to the pursuer of a sum calculated in accordance with rule 34A.9.

(3) Where the court is satisfied that more than one defender lodged a minute of acceptance after the appropriate date the court may find those defenders liable to contribute to payment of the sum referred to in paragraph (2)(b) in such proportions as the court thinks fit.

(4) Where the court makes a finding under paragraph (2)(b), the pursuer may apply for decerniture for payment of the sum as so calculated no later than 21 days after the later of—

(a) the date of the Auditor’s report of the taxation of the pursuer’s account of expenses; and

(b) the date of the interlocutor disposing of a note of objection.

Non-acceptance of offers

34A.8

(1) This rule applies where—

(a) a pursuer’s offer has been made, and has not been withdrawn;

(b) the offer has not been accepted;

(i) the court has pronounced judgment; or

(ii) in the case of a jury trial, the verdict of the jury has been applied;

(d) the judgment or verdict, in so far as relating to the conclusions of the summons specified in the pursuer’s offer, is at least as favourable in money terms to the pursuer as the terms offered; and

(e) the court is satisfied that the pursuer’s offer was a genuine attempt to settle the proceedings.

(2) For the purpose of determining if the condition specified in paragraph (1)(d) is satisfied, interest awarded in respect of the period after the lodging of the pursuer’s offer is to be disregarded.

(3) On the pursuer’s motion the court must, except on cause shown, decern against the defender for payment to the pursuer of a sum calculated in accordance with rule 34A.9.

(4) No such motion may be enrolled after the expiry of 21 days after the later of—

(a) the date of the Auditor’s report of the taxation of the pursuer’s account of expenses; and

(b) the date of the interlocutor disposing of a note of objection.

(5) Where more than one defender is found liable to the pursuer in respect of a conclusion specified in the offer, the court may find those defenders liable to contribute to payment of the sum referred to in paragraph (3) in such proportions as it thinks fit.

Extent of defender’s liability

34A.9

The sum that may be decerned for under rule 34A.7(2)(b) or rule 34A.8(3) is a sum corresponding to half the charges allowed on taxation of the pursuer’s account of expenses, in so far as those charges are attributable to the relevant period, or in so far as they can reasonably be attributed to that period.

CHAPTER 86A — APPLICATIONS IN COMPETITION PROCEEDINGS

Interpretation of this Chapter

86A.1

In this Chapter—

“the 1998 Act” means the Competition Act 1998;

“competition authority” has the meaning given by paragraph 3(1) of schedule 8A of the 1998 Act;

“competition proceedings” has the meaning given by paragraph 2(4) of schedule 8A of the 1998 Act;

“the Directive” means Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union as amended from time to time; and

“investigation materials” has the meaning given by paragraph 3(3) of schedule 8A of the 1998 Act.

Recovery of evidence

86A.2

(1) This rule applies where a party in competition proceedings makes an application under rule 35.2(1) for—

(a) a commission and diligence for the recovery of a document; or

(b) an order under section 1 of the Administration of Justice (Scotland) Act 1972.

(2) The applicant must intimate a copy of the motion made under rule 35.2(1) and the specification lodged under rule 35.2(2) to the Advocate General for Scotland.

(3) An application in relation to a document or other evidence that is in the possession of a competition authority must contain a statement that there is no person, other than the competition authority, reasonably able to provide the document or evidence sought.

(4) An application in relation to the investigation materials of a competition authority must contain a statement that the investigation to which those materials relate has closed.

(5) In deciding whether to grant an application made under this rule, the court must take into account Article 5(3), and, where the document or other evidence sought is in the possession of a competition authority, Article 6(4), of the Directive.

Applications in relation to alleged cartel leniency statement or settlement submission

86A.3

(1) An application by a party under—

(a) paragraph 4(7) of schedule 8A of the 1998 Act for a determination by the court as to whether information is a cartel leniency statement; or

(b) paragraph 5(3) of schedule 8A of the 1998 Act for a determination by the court as to whether a document is a settlement submission,

must be made by motion.

(2) A party enrolling a motion under paragraph (1) must intimate that motion to—

(a) the Advocate General for Scotland; and

(b) the author (where known) of the document or information in question.

(3) The hearing of a motion enrolled under paragraph (1) must be held in private and only the persons mentioned in paragraph (2)(a) and (b) may appear at that hearing.

Applications for leave under section 1 of the Vexatious Actions (Scotland) Act 1898

4.2ZA

(1) This rule applies where a person (“the applicant”) who is the subject of an order under section 1 (power of Court of Session to prohibit institution of action without leave) of the Vexatious Actions (Scotland) Act 1898 seeks leave under that section to institute legal proceedings.

(2) The applicant must apply for leave by letter addressed to the Deputy Principal Clerk.

(3) The letter must—

(a) state the full name and address of the applicant;

(b) be accompanied by a copy of the document by which it is proposed to institute legal proceedings;

(d) set out details of any previous application for leave which relates to any extent to the same matter (including, in particular, the outcome of such applications).

(4) The Deputy Principal Clerk must—

(a) in a case where the applicant has previously submitted an application for leave in relation to the same matter and that application has been refused, reject the application and notify the applicant accordingly;

(b) otherwise, place the application before a Lord Ordinary.

(5) The Lord Ordinary may, without a hearing, make an order granting or refusing the leave sought.

(6) The interlocutor of the Lord Ordinary is to be sent to the applicant by letter at the address given in the application.

(7) An interlocutor of a Lord Ordinary granting leave to institute legal proceedings constitutes permission to proceed without a signature under rule 4.2(5) (signature of documents).

Lodgings of processes

Steps of process

Productions

Intimation of steps of process

Lodging of documents in Inner House causes

Copies of documents for use of court

Documents ordered or allowed to be lodged

Receipt of documents

Documents not to be borrowed

Borrowing and returning documents

Finally extracted processes not to be borrowed

Lost documents

Outer House interlocutors

Inner House interlocutors

Inner House interlocutors relating to procedural business

Intimation of withdrawal of agent

Case management hearing

49.32A

(1) When defences are lodged, the court must fix a date for a case management hearing.

(2) The date fixed for the case management hearing must be not less than 4 weeks and not more than 8 weeks after the date on which defences were lodged.

(3) At the case management hearing, each party must address the court on—

(a) any matters that are capable of agreement;

(b) the matters that are in dispute between the parties;

(d) any documents likely to be relevant to the matters in dispute;

(e) any valuations that are likely to be required;

(f) any expert evidence that is likely to be required;

(g) whether steps require to be taken to give a child an opportunity to express views;

(h) whether steps require to be taken to investigate any facts or circumstances relating to a child;

(i) the estimated duration of the proof;

(j) further procedure;

(k) any other issues that the court considers appropriate.

(4) At the case management hearing, the court may—

(a) order and fix a date for a further case management hearing;

(b) order and fix a date for a pre-proof hearing not less than 6 weeks and not more than 8 weeks before the date fixed for the proof;

Pre-proof hearing

49.32B

(1) The purpose of a pre-proof hearing is to ascertain, so far as is reasonably practicable, whether the cause is likely to proceed to proof on the date fixed.

(2) Where the court appoints a pre-proof hearing, the parties must provide the court with sufficient information to enable it to conduct the hearing as provided for in this rule.

(3) At the pre-proof hearing, the court must consider—

(a) the state of preparation of the parties;

(b) whether the proof has been fixed for an appropriate number of days;

(d) whether special measures will be required for the purposes of taking the evidence of any vulnerable witnesses;

(e) whether a live link may be required.

(4) At the pre-proof hearing, the court may—

(a) discharge the proof and fix a new date for it;

(b) continue the pre-proof hearing;

(d) direct how evidence is to be given by expert witnesses;

(e) make an order authorising the use of special measures for the purposes of taking the evidence of any vulnerable witnesses;

(f) make an order authorising the use of a live link;

(g) make such other orders as it considers appropriate to secure the expeditious progress of the cause.

Adjustment and further procedure

Late appearance by defenders

Session of the court

Vacation

Holiday dates, periods and vacation sitting days

Motions ... in vacation

Determination of applications

58A.6

(1) Unless the Lord Ordinary or, as the case may be, the procedural judge otherwise directs—

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

Interested persons entering process

Appointment of curators ad litem to defenders

Applications for sist

Applications for sist in actions involving civil partnerships

Notices of consent to divorce, separation, dissolution of civil partnership or separation of civil partners

Procedure in respect of children

Reports by local authorities under section 49(2) of the Act of 1975

Appointment of local authority or reporter to report on a child

Referral to family mediation ...

Applications for orders to disclose whereabouts of children

Applications in relation to removal of children

Intimation to local authority before supervised contact order

Joint minutes

Expenses of curator ad litem appointed to a child

Corrected gender recognition certificates

Applications for postponement of decree under section 3A of the Act of 1976

Applications to quash decisions

91.3

Interpretation and application of this Chapter

CHAPTER 106 — MUTUAL RECOGNITION OF PROTECTION MEASURES IN CIVIL MATTERS

Interpretation

106.1

Form of application for Article 5 certificate

106.2

Issue of Article 5 certificate

106.3

Conditions for issue of Article 5 certificate

106.4

Notice of issue of Article 5 certificate

106.5

Effect of variation of order

106.6

Application for rectification or withdrawal of Article 5 certificate

106.7

Issue of Article14 certificate

106.8

Form of applications relating to incoming protection measures

106.9

Adjustment of incoming protection measure

106.10

Attachment of power of arrest to incoming protection measure

106.11

Determination that incoming protection measure is a domestic abuse interdict

106.12

Appeals under the Act of 1982 or the Lugano Convention

Application and interpretation of this Part

62

Disapplication of certain rules to this Part

62

Form of applications

62

Application of this Part and modification of this Chapter for the purposes of this Part

Form application and lodging of application in court

Determination of application for permission to proceed

41.60

Further procedure where the court grants permission to proceed

41.61

Determination etc. under section 28A of the Act of 1985: appeals and referrals

Interim orders: notification to interested persons

Interim orders: representations

Notification of reporting restrictions

102.4

Applications for variation or revocation

102.5

CHAPTER 14B — DETERMINATION OF THE VALUE OF AN ORDER

Application and interpretation

14B.1

Value of an order for payment of money

14B.2

Value of an order determining rights in relation to property

14B.3

Provision where the value of an order is unascertainable

14B.4

Determining the aggregate total value of orders in a cause

14B.5

Determination by the court

14B.6

Form of remit request

32.2A