Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2008

Designation of parties

3.—(1) In rule 13.2 (form of summonses), in paragraph (4)–

(a) omit “and” after subparagraph (c); and

(b) after subparagraph (d) insert–

• “; and

  (e)

  if applicable, any special capacity in which the pursuer is suing or any special capacity in which the defender is being sued.”.

(2) In rule 14.4 (form of petitions), in paragraph (2)–

(a) after subparagraph (a) omit “and”; and

(b) after subparagraph (b) insert–

• “; and

  (c)

  the name, designation and address of the petitioner and a statement of any special capacity in which the petitioner is presenting the petition”.

(3) In rule 47.3 (election of procedure for commercial actions and form of summons), after paragraph 2(b) insert–

“(ba) specify any special capacity in which the pursuer is bringing the action or any special capacity in which the action is brought against the defender;”.

(4) In Forms 13.2-A (form of summons and backing) and 43.2-A (form of summons and backing in personal injuries action), in the instance–

(a) for “[A.B.] (designation and address), Pursuer” substitute “[A.B.] (designation, statement of any special capacity in which the pursuer is suing, and address), Pursuer”; and

(b) for “[C.D.] (designation and address), Defender” substitute “[C.D.] (designation, statement of any special capacity in which the defender is being sued, and address), Defender”.

(5) In Form 14.4 (form of petition), in the instance, for “The Petition of [A.B.] (name, designation and address of petitioner)” substitute “The Petition of [A.B.] (name, designation and address of petitioner and statement of any special capacity in which the petitioner is presenting the petition)”.

(6) In Form 58.6 (form of petition in application for judicial review), in the instance, for “[A.B.] (designation and address)” substitute “[A.B.] (designation and address and statement of any special capacity in which the petitioner is presenting the petition)”.