SCHEDULES

F1First Schedule ORDINARY CAUSE RULES 1993

Annotations:
Amendments (Textual)
F1

Sch. 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 causes

CHAPTER 36ACTIONS OF DAMAGES

PART IINTIMATION TO CONNECTED PERSONS IN CERTAIN ACTIONS OF DAMAGES

36 Applications to dispense with intimation

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.