Act of Sederunt (Amendment of Ordinary Cause, Summary Cause and Small Claim Rules) 1992

Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt—

(1) amends the Ordinary Cause Rules by—

(a) specifying the commencement of the period of notice on service (paragraphs 2(4) and 2(10));

(b) requiring intimation of notices of intention to defend to the pursuer (paragraph 2(5));

(c) making provision for a person to enter proceedings as a party minuter (paragraph 2(6));

(d) making provision for applications for summary decree (paragraph 2(7));

(e) making minor and consequential amendments (paragraph 2(2), (3), (8), (9) and (11).).

(2) amends the Summary Cause Rules by—

(a) amending the form of the statement of claim (paragraph 3(2) and (18));

(b) making provision for citation or service on persons other than defenders (paragraph 3(4));

(c) specifying the commencement of the period of notice on service (paragraph 3(5));

(d) extending the power of the sheriff as to disposal of or enquiry into the merits at first calling (paragraph 3(6));

(e) providing for applications for warrants for diligence on the dependence in relation to counter claims (paragraph 3(7));

(f) making provision for a person to enter proceedings as a party minuter (paragraph 3(8));

(g) increasing the penalty for failure to answer a citation (paragraph 3(9));

(h) bringing forward the time at which diligence for recovery of documents may be commenced (paragraph 3(10));

(i) clarifying the provision for the recall and restriction of arrestments (paragraph 3(11));

(j) constituting new forms of summary cause summonses and service copies (paragraph 3(12) and schedule 2);

(k) making new provision for response to a summons and intimation of written notes of defence (paragraph 3(13));

(l) making new provision for appeals by requiring grounds of appeal and permit ting the sheriff principal to extend certain time limits in relation to appeals when the sheriff is absent (paragraph 3(15));

(m) making minor and consequential amendments (paragraph 3(14) and (16));

(n) omitting accounts between solicitor and client from taxation procedure under the summary cause rules (paragraph 3(17)).

(3) amends the Small Claim Rules by—

(a) amending the form of statement of claim (paragraph 4(2));

(b) specifying the commencement of the period of notice on service (paragraph 4(3));

(c) making new provision for appeals by providing for and permitting the sheriff principal to extend certain time limits in relation to appeals when the sheriff is absent (paragraph 4(4));

(d) by making provision for a person to enter proceedings as a party minuter (paragraph 4(5)).

(4) revokes the Act of Sederunt (Sheriff Court Appeals) 1949 (S.I. 1949/2062) (paragraph 6); and

(5) amends section 2(2)(g) of the Execution of Diligence (Scotland) Act 1926 (c. 16) to correct a reference to an Ordinary Cause Rule (paragraph 5).