Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Protective Expenses Orders) 2024

Amendment of the Rules of the Court of Session 1994

2.—(1) Chapter 58A (protective expenses orders in environmental appeals and judicial reviews)(1) of the Rules of the Court of Session 1994(2) is amended in accordance with this paragraph.

(2) In rule 58A.5 (applications for protective expenses orders), after paragraph (4) insert—

“(5) The motion may request that the court grant an order treating any of the information listed in paragraph (3) as confidential and open only to the court and the parties to the proceedings.”.

(3) In rule 58A.6 (determination of applications), after paragraph (2) insert—

“(3) Where a motion includes a request for the court to grant an order under rule 58A.5(5), if the motion is starred, the hearing must take place in chambers.”.

(4) In rule 58A.8 (expenses protection in reclaiming motions)—

(a) in paragraph (1)(b), omit from “at the instance of” to the end;

(b) in paragraph (3), for “any other reclaiming motion” substitute “a reclaiming motion”.

(5) After rule 58A.9 (expenses of application), insert—

“Expenses of interveners

58A.10.— (1) Expenses are not to be awarded in favour of or against a relevant party, except on cause shown.

(2) If the court decides expenses are to be awarded under paragraph (1), it may impose conditions on the payment of expenses.

(3) In paragraph (1), “a relevant party” means a party who has—

(a) been granted leave to intervene under rule 58.19(1)(b) or;

(b) been refused or granted leave after a hearing under rule 58.19(1)(c).”.

(1)

Chapter 58A was inserted by S.S.I. 2013/81 and substituted by 2018/348.

(2)

The Rules of the Court of Session 1994 are in schedule 2 of the Act of Sederunt (Rules of the Court of Session 1994) 1994 (S.I. 1994/1443), last amended by S.S.I. 2024/195.