Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999

Decrees in absence where defender furth of Scotland S

2.29—(1) Where a defender is domiciled in another part of the United Kingdom or in another Contracting State, the sheriff shall not grant decree in absence until it has been shown that the defender has been able to receive the initial writ in sufficient time to arrange for his defence or that all necessary steps have been taken to that end, and for the purposes of this paragraph–

(a) the question whether a person is domiciled in another part of the United Kingdom shall be determined in accordance with sections 41 and 42 of the Civil Jurisdiction and Judgements Act 1982 M1 ;

(b) the question whether a person is domiciled in another Contracting State shall be determined in accordance with Article 52 of the Convention in Schedule 1 or 3C to that Act M2 , as the case may be; and

(c) the term “Contracting State” has the meaning assigned in section 1 of that Act M3 .

(2) Where an initial writ has been served in a country to which the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters dated 15th November 1965 applies, decree shall not be granted until it is established to the satisfaction of the sheriff that the requirements of Article 15 of the Convention have been complied with.

Marginal Citations

M1 1982 c.27; sections 41 and 42 were amended by the Civil Jurisdiction and Judgments Act 1991 (c.12), Schedule 2, paragraphs 16 and 17 respectively.

M2 Schedule 1 was substituted by S.I. 1990/2591. Schedule 3C was inserted by the Civil Jurisdiction and Judgments Act 1991 (c.12), section 1 and Schedule 1.

M3 Section 1 was amended by S.I. 1990/2591 and by the Civil Jurisdiction and Judgments Act 1991 (c.12), section 2.