Act of Sederunt (Rules of the Court of Session 1994) 1994 No. 1443 (S. 69)

SCHEDULE 2 THE RULES OF THE COURT OF SESSION 1994

Initiation and progress of proceedings

CHAPTER 18 DEFENCES AND ANSWERS

Contesting jurisdiction

18.2.—(1) Where a defender seeks to contest the jurisdiction of the court, he may–

(a) lodge defences relating both to jurisdiction and the substantive issues of the action without submitting to the jurisdiction of the court; or

(b) lodge defences relating only to the question of jurisdiction in the first instance.

(2) Where a defender lodges defences under paragraph (1)(b) and is unsuccessful in contesting jurisdiction, the court shall allow the defender to amend his defences to defend on the substantive issues of the action within such period as the court thinks fit.