SCHEDULE 1APPORTIONMENTS AND PROSPECTIVE APPORTIONMENTS BY ARBITRATION OR THE SCOTTISH LAND COURT

PART IIAPPORTIONMENTS CARRIED OUT BY ARBITRATION

20.

(1)

The arbiter shall, in awarding expenses, take into consideration–

(a)

the reasonableness or unreasonableness of the claim of any party, whether in respect of amount or otherwise;

(b)

any unreasonable demand for particulars or refusal to supply particulars; and

(c)

generally all the circumstances of the case.

(2)

The arbiter may disallow any expenses which the arbiter considers to have been incurred unnecessarily, including the expenses of any witness whom the arbiter considers to have been called unnecessarily.