Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2021
Feb 17, 2021
This Act of Sederunt comes in to force on 01 March 2021 and amends various Forms in the appendices of the Rules of the Court of Session 1994 and the Ordinary Cause Rules 1993. The Forms, which are simplified divorce and dissolution of civil partnership applications, are amended in consequence of the United Kingdom’s withdrawal from the European Union. Under the Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/104) the jurisdiction of the Court of Session and sheriff courts in these court actions has been brought back to the position before there was EU provision in this area. Necessary consequential amendments are made to the Forms by this Act of Sederunt.
This Act of Sederunt also amends rule 49.91 of the Rules of the Court of Session 1994 and rule 33.96 of the Ordinary Cause Rules 1993 to make minor provision in relation to actions for declarator of recognition, or non-recognition, of certain foreign decrees in consequence of European Union withdrawal. The rules, as amended, apply to such actions concerning decrees of divorce, nullity or separation in respect of an opposite sex marriage or a same sex marriage.
Paragraph 3(2) removes a reference to Council Regulation (E.C.) No. 2201/2003 of 27th November 2003 concerning the jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility from rule 33.2 of the Ordinary Cause Rules. Saving and transitional provision is made by paragraph 4 of this Act of Sederunt in relation to that amendment.
Minor amendments, unconnected to European Union withdrawal, are made to the Forms to provide that references to “General Register Office” and “General Register Office (Scotland)” are substituted with “National Records of Scotland”.
Full story 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”).
Full story 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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Feb 08, 2019
Act of Sederunt (Computer Evidence in the Sheriff Court) (Revocation) 2019 comes into force on 5 March 2019
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Dec 19, 2018
The new rules come into force on 21 January 2019.
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Nov 27, 2018
Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Protective Expenses Orders) 2018 comes into force on 10 December 2018.
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Sep 10, 2018
This Act of Sederunt amends Rule 37.2 of the Rules of the Court of Session 1994 to alter the time limits applicable for parties requesting the issue of the jury precept in civil jury trials in the Court of Session. It will come into force on 21 September 2018.
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Jun 29, 2018
This Act of Sederunt amends the Act of Sederunt (Simple Procedure) 2016 to provide for a Time to Pay Application as a form of response, to set out a new procedure to recall a decision and to make other minor amendments. It will come into force on 30 July 2018.
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Jun 11, 2018
This Act of Sederunt amends the fees of solicitors that are prescribed in the tables of solicitors’ fees. The amended fees have effect in respect of work carried out on or after 24th September 2018.
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Apr 27, 2018
Act of Sederunt (Fees of Messengers-at-Arms, Sheriff Officers and Shorthand Writers) (Amendment) 2018 amends the fees chargeable by 2.6%. It comes into force on 4 June 2018.
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Dec 22, 2017
The Act of Sederunt (Summary Applications, Statutory Applications
and Appeals etc. Rules Amendment) (Drug Dealing)Telecommunications Restriction Orders) 2017 makes provision for applications for drug dealing telecommunications restriction orders and for the variation, extension or discharge of such orders.
It comes into force on 19 January 2018.
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Dec 22, 2017
The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules Amendment) (Transfer from Lands Tribunal for Scotland) 2017 makes provision for cases transferred from the Lands Tribunal for Scotland to the sheriff court under the Electronic Communications Code (Jurisdiction) Regulations 2017.
It comes into force on 19 January 2018.
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Nov 28, 2017
This Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Sittings of the Court) 2017 sets out when the Court of Session sits and comes into force on 1 January 2018.
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