Search Legislation

Act of Sederunt (Rules of the Court of Session Amendment No. 10) (Miscellaneous) 2007

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Written estimates of diets

3.—(1) In rule 6.2 (fixing and allocation of diets in Outer House)(1)–

(a)after paragraph (2) insert–

(2A) Where a party enrols a motion for a cause to be appointed to the Procedure Roll he shall include in the enrolled motion his estimate of the likely duration of the Procedure Roll hearing.

(2B) If any other party considers that the estimate included under paragraph (2A) is too low, he shall record upon the enrolled motion his own estimate.

(2C) On such papers (whether or not the closed record) as are transmitted to the Keeper of the Rolls for the purposes of his carrying out the functions conferred on him by paragraphs (3) and (4), the clerk of court shall note the estimate provided in pursuance of paragraph (2A) unless a higher estimate is recorded under paragraph (2B), in which case the note shall only be of the higher (or as the case may be the highest) estimate so recorded.; and

(b)after paragraph (7) insert–

(7A) Any estimate included or recorded by a party under paragraph (2A), (2B), (5) or (6) shall be certified in Form 6.2 by any counsel or other person having a right of audience instructed by that party to represent him at the Procedure Roll hearing, proof, or jury trial, as the case may be.

(7B) A certificate under paragraph (7A) shall be lodged–

(a)where it relates to an estimate included under paragraph (2A) or (5), at the time of enrolling the motion mentioned in that paragraph;

(b)where it relates to an estimate recorded under paragraph (2B) or (6), at the time of recording that estimate.

(7C) Where a party’s original estimate of the duration of any diet changes, that party shall lodge a further Form 6.2 no later than 14 days before the date of any Procedure Roll hearing, proof or jury trial..

(2) In rule 6.3 (allocation of diets in Inner House)(2), after paragraph (6) insert–

(7) Any–

(a)estimate included by a party under paragraph (2);

(b)estimate recorded by a party under paragraph (3); or

(c)re assessment provided by a party under paragraph (6),

shall be certified in Form 6.3 by any counsel or other person having a right of audience instructed by that party to represent him at the summar roll hearing.

(8) A certificate under paragraph (7) shall be lodged–

(a)where it relates to an estimate included under paragraph (2), at the time of enrolling the motion mentioned in that paragraph;

(b)where it relates to an estimate recorded under paragraph (3), at the time of recording that estimate;

(c)where it relates to a re assessment provided under paragraph (6), not less than one day before the hearing on the By Order Roll under paragraph (5)..

(3) In rule 43.6 (allocation of diets and timetables)(3), after paragraph (5) insert–

(5A) The pursuer shall include in the enrolled motion under paragraph (5) his estimate of the likely duration of the preliminary proof, proof or jury trial, or any other hearing sought, and request that the diet be allocated accordingly.

(5B) If any party considers that the estimate included under paragraph (5A) is too low, he shall record upon the enrolled motion his own estimate.

(5C) Any estimate included or recorded by a party under paragraph (5A) or (5B) shall be certified in Form 43.6A by that party’s solicitor or by any counsel or other person having a right of audience instructed by that party to represent him at the preliminary proof, proof, jury trial or other hearing, as the case may be.

(5D) A certificate under paragraph (5C) shall be lodged–

(a)where it relates to an estimate included under paragraph (5A) at the time of enrolling the motion under paragraph (5);

(b)where it relates to an estimate recorded under paragraph (5B) at the time of recording that estimate..

(4) After Form 5.2 (form of caveat) insert the forms set out in Part 1 of the Schedule to this Act of Sederunt.

(5) After Form 43.6 (form of timetable order)(4) insert the form set out in Part 2 of the Schedule to this Act of Sederunt.

(1)

Rule 6.2 was amended by S.I. 1998/890.

(2)

Rule 6.3 was substituted by S.I. 1998/890.

(3)

Rule 43.6 was substituted by S.S.I. 2002/570 and amended by S.S.I. 2007/282.

(4)

Form 43.6 was inserted by S.S.I. 2002/570.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources