Act of Sederunt (Summary Cause Rules) 2002

Procedure at claims hearing

27.10.—(1) If there is no competition between the claimants who appear at the claims hearing, the sheriff may order the holder of the fund or subject in medio, or the sheriff clerk if it is consigned with him in terms of rule 27.12, to make it over to the claimants in terms of their claims or otherwise and subject to such provisions as to expenses as he directs.

(2) If the sheriff is unable at the claims hearing to resolve competing claims, he shall pronounce an order–

(a) fixing a date, time and place for a further hearing; and

(b) regulating the nature and scope of the hearing and the procedure to be followed.

(3) The sheriff may require that evidence be led at the further claims hearing fixed under paragraph (2).

(4) The sheriff clerk must intimate to all claimants the date, time and place of any hearing fixed under paragraph (2).

(5) At the conclusion of the claims hearing or the further claims hearing fixed under paragraph (2), the sheriff may either pronounce his decision or reserve judgement in which case he must give his decision in writing within 28 days and the sheriff clerk must forthwith intimate it to the parties.

(6) In giving his decision under paragraph (5) the sheriff–

(a) must dispose of the action;

(b) may order the holder of the fund or subject in medio, or the sheriff clerk if it is consigned with him in terms of rule 27.12, to make it over to such claimants and in such quantity or amount as he may determine; and

(c) must deal with all questions of expenses.