Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2010

EXPLANATORY NOTE

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

This Act of Sederunt makes miscellaneous amendments to the Ordinary Cause Rules, the Child Care and Maintenance Rules, the Summary Cause Rules and the Small Claim Rules.

Paragraph 2 amends the rules of service in respect of simplified divorce applications so that where a sheriff officer has been unable to execute service personally, service may be affected by depositing the document in, or by fixing it to the door of, the person’s dwelling place or place of business. Paragraph 3 makes a similar amendment in respect of the rules of service for simplified dissolution of civil partnership applications.

Paragraph 4 amends the personal injuries procedure and related forms in the Ordinary Cause Rules. In particular, subparagraph (3)(a) substitutes new rules 36.G1(1), (1A) and (1B) to provide that a diet of proof must be arranged no earlier than 4 months (unless the sheriff on cause shown directs an earlier diet to be fixed) and no later than 9 months from the date of first lodging of defences; and to clarify the existing provisions. Subparagraph (3)(b) provides a sanction for failure to lodge a list of witnesses timeously. It also provides further detail of what should be included in a witness list. Subparagraph (6)(c) amends Form PI6 to require that the total valuation of claim is specified and that the supporting documents included in the statement of valuation of claim should be listed. Subparagraph (7) substitutes a new Appendix 3 to reflect the changes made by subparagraph (3)(a).

Paragraph 5 inserts a new Chapter 46 into the Ordinary Cause Rules to provide a procedure in respect of derivative proceedings under Part 11 of the Companies Act 2006.

Paragraph 6 inserts a new rule 8.8A into the Summary Cause Rules to provide for notices to admit and notices of non-admission in advance of the proof.

Paragraph 7 amends the Ordinary Cause Rules, the Summary Cause Rules and the Small Claim Rules to correct minor errors made in the Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009 (S.S.I. 2009/294). Paragraph 7 also makes minor amendments to Part VI of Chapter 2 of the Child Care and Maintenance Rules, in relation to applications for parental orders under the Human Fertilisation and Embryology Act 2008.