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

Explanatory Note

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

This Act of Sederunt makes amendments to the Rules of the Court of Session 1994.

Paragraph 3 makes provision about the allocation of diets.

Rule 6.2 (fixing and allocation of diets in Outer House) is amended to extend the requirement on parties to provide a written estimate of the likely duration of a hearing to motions for a procedure roll hearing. Where another party considers that estimate to be too low, he must record his own estimate on the enrolled motion. Provision is also made requiring such estimates, and estimates of the duration of proof or jury trial, to be certified by counsel or other person having right of audience instructed by that party.

Where the estimate of the length of a diet of a Procedure Roll hearing, proof or jury trial changes, the party must lodge a further estimate no later than 14 days before the date of the procedure roll hearing, proof or jury trial.

Rule 6.3 is amended to include a requirement for estimates of diets in the Inner House to be certified by counsel or other person with rights of audience instructed to appear at the diet in question.

Rule 43.6 is amended to include a requirement to provide a written estimate of the duration of a diet of preliminary proof, proof or jury trial in personal injuries actions and to have such estimate certified by the party’s solicitor, counsel or other person having a right of audience who is instructed by the party to represent him at that diet.

The appendix to the Rules is amended to insert forms for the certification of such estimates.

Paragraph 4 makes a minor correction to rule 49.34(1), replacing “and” with “or” where it appears between subparagraphs (a) and (b).

Paragraph 5 replaces rule 58.7 with a new rule, which is similar to the previous rule, but which provides that a first order can be granted, but may not be refused, without hearing counsel or other person having right of audience who is instructed by the petitioner. It also inserts a provision into Form 58.6 requiring the petitioner to specify the appropriate period of notice and to give reasons where the period of notice is less than 21 days.