Sheriff Courts (Scotland) Act 1907

Case Management Conference S

[F1 40.12. (1) At the Case Management Conference in a commercial action the sheriff shall seek to secure the expeditious resolution of the action.

(2) Parties shall be prepared to provide such information as the sheriff may require to determine–

(a) whether, and to what extent, further specification of the claim and defences is required; and

(b) the orders to make to ensure the expeditious resolution of the action. [F2 and

(c) whether there is or is likely to be a vulnerable witness within the meaning of section 11(1) of the Act of 2004 who is to give evidence at any proof or hearing, consider any child witness notice or vulnerable witness application that has been lodged where no order has been made and consider whether any order under section 12(1) of the Act of 2004 requires to be made.]

(3) The orders the sheriff may make in terms of paragraph 2(b) may include but shall not be limited to–

(a) the lodging of written pleadings by any party to the action which may be restricted to particular issues;

(b) the lodging of a statement of facts by any party which may be restricted to particular issues;

(c) allowing an amendment by a party to his pleadings;

(d) disclosure of the identity of witnesses and the existence and nature of documents relating to the action or authority to recover documents either generally or specifically;

(e) the lodging of documents constituting, evidencing or relating to the subject matter of the action or any invoices, correspondence or similar documents;

(f) the exchanging of lists of witnesses;

(g) the lodging of reports of skilled persons or witness statements;

(h) the lodging of affidavits concerned with any of the issues in the action;

(i) the lodging of notes of arguments setting out the basis of any preliminary plea;

(j) fixing a debate or proof, with or without any further preliminary procedure, to determine the action or any particular aspect thereof;

(k) the lodging of joint minutes of admission or agreement;

(l) recording admissions made on the basis of information produced; or

(m) any order which the sheriff thinks will result in the speedy resolution of the action (including the use of alternative dispute resolution), or requiring the attendance of parties in person at any subsequent hearing.

(4) In making any order in terms of paragraph (3) the sheriff may fix a period within which such order shall be complied with.

(5) The sheriff may continue the Case Management Conference to a specified date where he considers it necessary to do so–

(a) to allow any order made in terms of paragraph (3) to be complied with; or

(b) to advance the possibility of resolution of the action.

(6) Where the sheriff makes an order in terms of paragraph (3) he may ordain the pursuer to–

(a) make up a record; and

(b) lodge that record in process,

within such period as he thinks fit.]

Textual Amendments

F1 Ch. 40 (rules 40.1 - 40.17) inserted (1.3.2001) by S.S.I. 2001/8, para. 2(5)

F2 Sch. 1 rule 40.12(2)(c) and word inserted (1.11.2007) by Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007 (S.S.I. 2007/463), {art. 2(12)}