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5.—(1) The Act of Sederunt (Small Claim Rules) 2002(1) is amended in accordance with sub-paragraphs (2) and (3).
(2) For rule 21.6(1) (expenses) there shall be substituted—
“21.6.—(1) This rule applies, subject to section 36B of the 1971 Act(2), to the determination of expenses—
(a)in a claim, where the defender has—
(i)not stated a defence;
(ii)having stated a defence, has not proceeded with it; or
(iii)having stated a defence, has not acted in good faith as to its merits;
(b)in a claim where there has been unreasonable conduct on the part of a party to that claim in relation to the proceedings or the claim; or
(c)in an appeal to the sheriff principal.”
(3) In Appendix 1 for Form 15 substitute the form set out in Schedule 4 to this Act of Sederunt.
S.S.I. 2002/133, amended by S.S.I. 2003/26 and 2004/197.
Section 36B of the Sheriff Courts (Scotland) Act 1971 was inserted by section 18(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73) and amended by article 2 of the Schedule to S.I. 1999/678.
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