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Sheriff Courts (Scotland) Act 1907
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Changes over time for: Paragraph 13
Version Superseded: 02/11/2009
Alternative versions:
- 01/01/1994- Amendment
- 01/11/1996- Amendment
- 01/10/2009
Point in time - 02/11/2009- Amendment
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Point in time view as at 01/10/2009. This version of this provision has been superseded.
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Person claiming title and interest to enter process as defenderS
13.1.(1)A person who has not been called as a defender or third party may apply by minute for leave to enter a process as a party minuter and to lodge defences.
(2)A minute under paragraph (1) shall specify—
(a)the applicant’s title and interest to enter the process; and
(b)the grounds of the defence he proposes to state.
(3)Subject to paragraph (4), after hearing the applicant and any party, the sheriff may—
(a)if he is satisfied that the applicant has shown title and interest to enter the process, grant the applicant leave to enter the process as a party minuter and to lodge defences; and
(b)make such order as to expenses or otherwise as he thinks fit.
(4)Where an application under paragraph (1) is made after the closing of the record, the sheriff shall only grant leave under paragraph (3) if he is satisfied as to the reason why earlier application was not made.
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