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

• (f) may determine, in the light of any witness statements, affidavits or reports produced, that proof is unnecessary on any issue;

• (g) where the proceedings are sent to proof, may appoint parties to be heard at a pre-proof hearing under rule 26A.24;

• (h) may direct that skilled persons hold a meeting with a view to reaching agreement and identifying areas of disagreement, and may order them thereafter to produce a joint note, to be lodged in process by one of the parties, identifying areas of agreement and disagreement, and the basis of any disagreement;

• (i) without prejudice to Chapter 12 (assessors), may appoint an expert to examine, on behalf of the court, any reports of skilled persons or other evidence submitted and to report to the court within such period as the Lord Ordinary may specify;

• (j) where the proceedings are sent to proof, may make an order fixing the time allowed for the examination and cross-examination of witnesses;

• (k) may, on the motion of a party, direct the proceedings to be determined on the basis of written submissions, or such other material, without any oral hearing;

• (l) may continue the case management hearing to a date to be appointed by the Lord Ordinary;

• (m) may make an order for parties to produce a joint bundle of productions arranged in chronological order or such other order as will assist in the efficient conduct of the proof;

• (n) may order and fix a date for a further case management hearing or fix a date for the hearing of any debate or proof;

• (o) may make such other order as the Lord Ordinary thinks fit.

Debates

26A.23

• (1) Where a party seeks to have the proceedings appointed to debate, the application must include—

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

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

• (2) Following application being made to the court under paragraph (1), before determining whether the action is to 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.

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

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

• (5) With the exception of rule 28.1(3)(d) which is not to apply, Chapter 28 (procedure roll), applies to a debate ordered under rule26A.22(2)(a) as it applies to a cause appointed to the Procedure Roll.

Pre-proof hearing

26A.24

Not less than 2 days prior to any hearing appointed under rule 26A.22(2)(g), parties must 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.

Lodging of productions for proof

26A.25

• (1) Unless an earlier date is specified by the Lord Ordinary, any document not previously lodged but required for any proof in proceedings to which this Chapter applies must be lodged as a production not less than 7 days before the date fixed for the proof.

• (2) No document may be lodged as a production after the date referred to in paragraph(1), even by agreement of all parties, unless the court is satisfied that any document sought to be lodged could not with reasonable diligence have been lodged in time.

Withdrawal of claim from group proceedings

26A.26

The lodging with the court of a group register, in revised form, under rule26A.15(3)(a) or (4)(a), following the withdrawal from the group of a group member, amounts to the point at which the person concerned withdraws consent for their claim to be brought in the group proceedings.

Power to make orders

26A.27

At any time before final judgment, the Lord Ordinary may, at the Lord Ordinary’s own instance or on the motion of any party, make such order as the Lord Ordinary thinks necessary to secure the fair and efficient determination of the proceedings.

Effect of interlocutor given in group proceedings

26A.28

• (1) Subject to paragraph (2), an interlocutor given in group proceedings—

• (a) must describe or otherwise identify the group members who will be affected by it; and

• (b) binds all such persons, other than any person who has, as at the date of the interlocutor, withdrawn their consent to their claim being brought in the proceedings.

• (2) An interlocutor given in group proceedings prior to a person joining the group as a group member binds such a person, except where the Lord Ordinary, on cause shown, orders otherwise.

Failure to comply with rule or order of Lord Ordinary

26A.29

Any failure by a party to comply timeously with a provision in these Rules or any order made by the Lord Ordinary in proceedings to which this Chapter applies entitles the Lord Ordinary, at his or her own instance—

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

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

• (c) to grant decree in respect of all or any of the conclusions of the summons, as the case may be; or

• (d) to make an award of expenses,

as the Lord Ordinary thinks fit.

Settlement of proceedings

26A.30

The representative party must consult with the group members on the terms of any proposed settlement before any damages in connection with the proceedings may be distributed.

Appeals under section 6B(1) of the Act of 1982 (appeals in relation to registration of judgments under the 2005 Hague Convention)

62.34A

• (1) An appeal under section 6B(1) of the Act of 1982 (appeals in relation to registration of judgments under the 2005 Hague Convention) is to be made by motion—

• (a) to the Lord Ordinary; and

• (b) within one month of service under rule 62.33 (service of warrant for registration under the Act of 1982, the Council Regulation, the 2005 Hague Convention or the Lugano Convention) or within two months of such service where service was executed on a person domiciled in another Contracting State or, as the case may be, State bound by the 2005 Hague Convention or the Lugano Convention.

• (2) Where the respondent in any such appeal is domiciled furth of the United Kingdom—

• (a) where that respondent has an address for service in Scotland, intimation of the motion must be made to that address for service; and

• (b) in any other case, intimation of the motion must be made in accordance with rule 16.2 (service furth of United Kingdom) or, as the case may be, rule 16.5 (service where address of person is not known).

• (3) Where an appeal under paragraph (1) is successful, the court must, on the motion of the appellant, pronounce an interlocutor recalling any protective measure or interim interdict.

Reclaiming under the Act of 1982, the Council Regulation , the 2005 Hague Convention or the Lugano Convention

Recognition of judgments from another Contracting State, Member State or State bound by the Lugano Convention

Enforcement of judgments from another part of the United Kingdom in Scotland (non-money provisions)

Cancellation of registration under the Act of 1982, the Council Regulation , the 2005 Hague Convention or the Lugano Convention

Enforcement in another Contracting State or Member State of Court of Session judgments etc.

Enforcement in another part of the United Kingdom of Court of Session judgments or documents registered for execution (non-money provisions)

CHAPTER 108 — CHALLENGES TO VALIDITY OF EU INSTRUMENTS (EU EXIT)

Interpretation and application

108

• (1) In this Chapter—

• “the 2019 Regulations” means the Challenges to Validity of EU Instruments (EU Exit) Regulations 2019;

• “EU instrument” has the meaning provided in schedule 1 of the Interpretation Act 1978;

• “TFEU” means the Treaty on the Functioning of the European Union including the Protocols thereto;

• “the proceedings” means any proceedings to which regulation 3 of the 2019 Regulations applies;

• “the relevant UK authorities” has the meaning provided by regulation 2 of the 2019 Regulations.

• (2) This Chapter applies to challenges to the validity of an EU instrument, as provided for by regulation 3 of the 2019 Regulations.

Declarations from the court that an EU instrument was invalid – notices

108

Where a party to the proceedings seeks a declaration from the court that an EU instrument was invalid on any of the grounds set out in the second paragraph of Article 263 TFEU as it has effect immediately before IP completion day, or the court is considering whether to make such a declaration at its own instance in the proceedings—

• (a) notice in Form 108.2-A is to be given to the relevant UK authorities no later than 21 days, or such other period as the court may direct, before the date on which the declaration is to be made—

• (i) by the party seeking the declaration; or

• (ii) by the clerk of court,

as the case may be; and

• (b) where notice is given by the party seeking the declaration, the party must lodge a certificate of notification in process.

108

Where any of the relevant UK authorities wish to be joined as a party to the proceedings they must serve notice in Form 108.3-A to that effect on the Deputy Principal Clerk of Session and must serve a copy of the notice on all other parties in the proceedings.

Lodging of productions and witness lists

49.33A

• (1) Rule 4.5 (productions) and rule 36.3 (lodging productions) do not apply to a family action.

• (2) Where a proof has been allowed in a family action—

• (a) copies of all productions which are intended to be used at the proof must be intimated to every other party not later than 56 days before the diet of proof;

• (b) an inventory of productions which are intended to be used at the proof must be intimated to every other party and lodged in process not later than 56 days before the diet of proof; and

• (c) the productions included in the inventory of productions must be lodged in process no later than 14 days before the diet of proof.

• (3) A production may be intimated and lodged electronically with the permission of, and in accordance with directions given by, the judge.

• (4) A production lodged in hard copy must be—

• (a) marked with a number of process with the cause reference number assigned to the principal writ; and

• (b) if consisting of more than one sheet, securely fastened together.

• (5) A production which is not intimated and lodged in accordance with paragraph (2) must not be used or put in evidence at a proof without—

• (a) consent of the parties; or

• (b) leave of the court on cause shown and on such conditions, if any, as to expenses or otherwise as the court thinks fit.

• (6) Not later than 56 days before the diet fixed for a proof, each party must—

• (a) give written intimation to every other party of a list containing the name, occupation (if known) and address of each person whom the party intends to call as a witness; and

• (b) lodge a copy of that list in process.

• (7) A party who seeks to call as a witness a person not on the list mentioned in paragraph(6)(a) may only do so—

• (a) by consent of the parties; or

• (b) with the leave of the court on cause shown and on such conditions, if any, as to expenses or otherwise as the court think fit.

Late appearance by defenders