Act of Sederunt (Rules of the Court of Session 1994) 1994

Reclaiming days S

38.3.—(1) This rule applies subject to any other provision in these Rules or any other enactment.

(2) An interlocutor disposing, either by itself or taken along with a previous interlocutor, of–

(a) the whole subject matter of the cause, or

(b) the whole merits of the cause whether or not the question of expense is reserved or not disposed of,

may be reclaimed against, without leave, within 21 days after the date on which the interlocutor was pronounced.

(3) An interlocutor disposing of the merits of an action and making an award of provisional damages under section 12(2)(a) of the Administration of justice Act 1982(1) may be reclaimed against, without leave, within 21 days after the date on which the interlocutor was pronounced.

(4) An interlocutor–

(a) disposing of part of the merits of a cause,

(b) allowing or refusing proof, proof before answer or jury trial (but, in the case of refusal, without disposing of the whole merits of the cause),

(c) limiting the mode of proof,

(d) adjusting issues for jury trial,

(e) granting, refusing, recalling, or refusing to recall, interim interdict or interim liberation,

(f) in relation to an exclusion order under section 4 of the Matrimonial Homes (Fami ly Protection) (Scotland) Act 1981(2),

(g) granting, refusing or recalling a sist of execution or procedure,

(h) loosing, restricting or recalling an arrestment or recalling in whole or in part an inhibition used on the dependence of an action or refusing to loose, restrict or recall such arrestment or inhibition,

(i) granting authority to move an arrested vessel or cargo,

(j) deciding (other than in a summary trial) that a reference to the European Court should be made,

may be reclaimed against, without leave, within 14 days after the date on which the interlocutor was pronounced.

(5) An interlocutor (other than a decree in absence or an interlocutor mentioned in paragraph (2), (3) or (4) of this rule) may be reclaimed against, with leave, within 14 days after the date on which the interlocutor was pronounced.

Commencement Information

I1 Sch. 2 rule 38.3 in force at 5.9.1994, see para. 1(1)

(1)

1982 c. 53.

(2)

1981 c. 59; section 4 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), section 13(5).