Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Miscellaneous) 2021
Jan 20, 2021
This Act of Sederunt  provides for a change to Chapter 58 of the Rules of the Court of Session (Judicial Review) by extending the period a case can be sisted for a legal aid application from 28 days to two months at a time. 

The instrument also amends Chapter 49 of the Rules of the Court of Session by providing that the last date for amendment is now 56 days before the proof, and lists of witnesses and inventories of productions should be lodged with the Court 56 days before the diet of proof.

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Act of Sederunt (Challenges to Validity of EU Instruments (EU Exit)) (Amendment) 2020 
Jan 07, 2021
This Act of Sederunt amends the Act of Sederunt (Challenges to Validity of EU Instruments (EU Exit) in the Court of Session) 2019 (S.S.I. 2019/328) and the Act of Sederunt (Challenges to Validity of EU Instruments (EU Exit) in the Sheriff Appeal Court and Sheriff Court) 2019 (S.S.I. 2019/329) (“the two Principal Instruments”). 

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Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2020
Dec 21, 2020
This Act of Sederunt was made by the court on 17 December and comes into force in accordance with article 1(2). It amends the Rules of the Court of Session 1994 (the “RCS”), the Act of Sederunt (Sheriff Court Company Insolvency Rules) 1986 (the “1986 Rules”) and the Act of Sederunt (Fatal Accident Inquiry Rules) 2017 (the “2017 Rules”). It comes into force on IP completion day. The amendments made to Chapter 74 of the RCS, the 1986 Rules and the 2017 Rules are in consequence of the United Kingdom’s withdrawal from the European Union. 

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Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Group Proceedings) 2020

Jul 22, 2020

New rules have been approved by the Court of Session enabling two or more people with the same, similar, or related claims, to raise court proceedings in a single action for the first time.

This new approach will be particularly useful in cases where lower value claims are considered too costly for individuals to raise separately. Potential litigants will now be able to raise a group proceedings case in the Court of Session in a cost effective way.

An example of this would be a large scale consumer dispute where different people want to seek financial damages against the same company for the same, similar or related reasons. These people can now raise a court action together, rather than one at a time.

Lord Carloway, the Lord President and Chair of the Scottish Civil Justice Council (SCJC), said: “The Council has worked very hard to ensure that the new rules will be flexible and enable group proceedings to proceed efficiently in the court, saving time and money. The Council has focused on making the rules as straightforward as possible for those individuals who will benefit from the new procedures.”

Similar proceedings are known as ‘multi-party actions’ or ‘class actions’ in other jurisdictions.

The rules provide an ‘opt-in’ model for group proceedings. Under this model, the Court’s determination of the case will extend only to individuals who have subscribed to the group proceedings action. A successful outcome in the group proceedings could not be relied upon by anyone who had not subscribed. Equally, non-subscribers would not be bound to accept a settlement from the defender and they could raise their own claim should they choose to do so.

The rules implement Part 4 of the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 and enable group proceedings to be brought in the Court of Session and with the permission of the Court. The rules come into force on Friday, 31 July 2020.

The SCJC will continue work to consider a number of related policy matters including extending the rules to public law (judicial review) cases and the consideration of an ‘opt-out’ regime. These and other matters will be scheduled within the Council’s future work programmes.

See the rule

Read more about court rules.

Related article – SCJC Working Group Establishment – Group Proceedings 

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