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SCHEDULES

F1First ScheduleS ORDINARY CAUSE RULES 1993

Textual Amendments

F1Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, para. 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

Special provisions in relation to particular causesS

CHAPTER 36SACTIONS OF DAMAGES

PART ISINTIMATION TO CONNECTED PERSONS IN CERTAIN ACTIONS OF DAMAGES
Applications to dispense with intimationS

36.4.(1)Where the pursuer makes averments under rule 36.2(c) (dispensing with intimation to connected persons), he shall apply by crave in the initial writ for an order to dispense with intimation.

(2)In determining an application under paragraph (1), the sheriff shall have regard to—

(a)the desirability of avoiding a multiplicity of actions; and

(b)the expense, inconvenience or difficulty likely to be involved in taking steps to ascertain the name or whereabouts of the connected person.

(3)Where the sheriff is not satisfied that intimation to a connected person should be dispensed with, he may—

(a)order intimation to a connected person whose name and whereabouts are known;

(b)order the pursuer to take such further steps as he may specify in the interlocutor to ascertain the name or whereabouts of any connected person; and

(c)order advertisement in such manner, place and at such times as he may specify in the interlocutor.