Court reforms amendments

Aug 18, 2016

 

New Rules have been made in relation to ongoing court reforms. The Rules, which come into force on 28 November, 2016, deal with changes to sections 87, 100 and 101 of the Courts Reform (Scotland) Act 2014.

Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 2) (Miscellaneous) 2016

A summary of the amendments are listed below:

  • Amendment of the Ordinary Cause Rules 1993 inserts new Part III Execution of Deeds into Chapter 34. Rule 34.12 form of application under section 87 of the Courts Reform (Scotland) Act 2014 makes provision for the method of application depending on stage/ circumstances of the case
  • Amendment of the Summary Cause Rules 2002 inserts new Chapter 30A Execution of Deeds relating to heritage. Rule 30A.1 form of application under section 87 of the Courts Reform (Scotland) Act 2014 makes provision for the method of application under the particular circumstances of a case
  • Amendment of the Ordinary Cause Rules 1993 corrects a drafting error in Rule 36.L1(1) (incidental hearings)
  • Amendment of the Rules of the Court of Session 1994 inserts new Rule 4.2A  applications under section 100 (vexatious litigation orders) of the Courts Reform (Scotland) Act 2014 and makes provisions for permission to institute civil proceedings or take a specified step in specified ongoing civil proceedings (within the meaning of section 100 of the 2014 Act) and sets out the procedures to be followed by the applicant and the deputy principal clerk of court                                                                                      
  • Amendment of Act of Sederunt (Sheriff Court Rules Amendment) (Personal Injury Pre-Action Protocol 2016) corrects drafting errors.

 

                                          

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