Point in time view as at 02/10/2023.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Sheriff Courts (Scotland) Act 1907. Any changes that have already been made by the team appear in the content and are referenced with annotations.
23.1.(1)A pursuer may abandon a cause at any time before decree of absolvitor or dismissal by lodging a minute of abandonment and—
(a)consenting to decree of absolvitor; or
(b)seeking decree of dismissal.
(2)The sheriff shall not grant decree of dismissal under paragraph (1)(b) unless full judicial expenses have been paid to the defender, and any third party against whom [F1the pursuer] has directed any crave, within 28 days after the date of taxation.
(3)If the pursuer fails to pay the expenses referred to in paragraph (2) to the party to whom they are due within the period specified in that paragraph, that party shall be entitled to decree of absolvitor with expenses.
Textual Amendments
F1Words in Sch. 1 rule 23.1(2) substituted (24.1.2003) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2003 (S.S.I. 2003/26), art. 2(7)
23.2.Rule 23.1 shall, with the necessary modifications, apply to the abandonment by a defender of his counterclaim as it applies to the abandonment of a cause.
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