Act of Sederunt (Rules of the Court of Session Amendment) (Miscellaneous) 2000

Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the Rules of the Court of Session as follows:

(a) paragraph 2(2) corrects the number of the rule added after rule 1.3 as rule 1.4 and places it in its correct position in Chapter 1 after the existing rule 1.4;

(b) paragraph 2(3) amends rule 25A.6 to the effect that a relevant authority even if he has not taken part as a party in proceedings in response to service on him of a devolution issues notice, may still be allowed by the court to take part as a party in any subsequent appeal, reclaiming motion or reference to a higher court.

(c) paragraph 2(4) amends rule 38.3 to the effect that if an interlocutor which does not deal with, or which reserves, the question of expenses is appealed against, a party who wishes the question of expenses to be dealt with at the time the appeal is lodged rather than at a later date may apply by motion to the Lord Ordinary to that effect within 14 days of the lodging of the appeal;

(d) paragraph 2(5) amends rule 38.8(1), in consequence of the amendment made by paragraph 2(4), to make it clear that an interlocutor of the Lord Ordinary disposing of a motion under rule 38.3(2A) may be reviewed at the same time as the main reclaiming motion is heard;

(e) paragraph 2(6) amends rule 43.31 so that the medical records which require to be lodged no longer have to be lodged at the time of signeting; they may now be lodged at any time up to the calling of the summons;

(f) paragraph 2(7) amends rule 47.9 to enable the commercial judge to withdraw a case from the commercial roll and appoint it to proceed as an ordinary action if he is satisfied that it is not really a commercial action;

(g) paragraph 2(8) amends rule 73.2 to make it clear that an application for rectification of documents can be made in a counterclaim.