Act of Sederunt (Rules of the Court of Session 1994) 1994

Preparation and issue of the case

41.9.—(1) Where the tribunal has decided, or is ordered under rule 41.8, to state a case, the tribunal shall, within 14 days after the date of intimation of its decision to the parties, cause the case to be prepared in Form 41.9 and copies of it to be submitted in draft to each party.

(2) The case shall–

(a) specify the relevant provision of the enactment under which it is prepared;

(b) state in numbered paragraphs the facts and circumstances out of which the case arises, as agreed or found, or as the case may be, the decision of the tribunal and the reasons for the decision; and

(c) set out the question for answer by the court.

(3) Within 21 days after the date on which the draft case is submitted under paragraph (1), each party shall–

(a) return a copy of it to the clerk of the tribunal with a note of any amendments which he seeks to have made; and

(b) intimate such amendments to every other party.

(4) Within 28 days after the expiry of the period for return of the case under paragraph (3), the tribunal–

(a) shall adjust and settle the case; and

(b) may, when so doing, add such further or additional findings-in-fact and such additional questions as it thinks necessary for the disposal of the subject-matter of the case.

(5) Where the tribunal does not accept any amendment sought by a party, it shall append to the case a note of–

(a) the terms of the amendment proposed by the party and any statement by that party in support of the proposal; and

(b) its reasons for rejecting the proposed amendment.

(6) When the case has been settled by the tribunal, the case shall be authenticated by the clerk of the tribunal who shall send it to the party, or first party, who applied for it.