Act of Sederunt (Rules of the Court of Session Amendment No. 6) (Diligence on the Dependence) 2003

Explanatory Note

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

This Act of Sederunt makes various amendments to the Rules of the Court of Session 1994 (S.I. 1994/1443) (“the Rules”) so that a motion is required for the granting of authority for arrestment to found jurisdiction or for diligence on the dependence of an action.

Paragraph 2(2) substitutes a new Rule 13.6 which omits previous sub-paragraphs (b) and (c). Those sub-paragraphs provided that summonses which had passed the signet and which contained warrants in a specified form constituted authority for arrestment to found jurisdiction and certain types of diligence on the dependence. Paragraph 2(2) also inserts a new Rule 13.6A which provides that, before the calling of a summons, a pursuer may apply by motion for authority for arrestment to found jurisdiction or for diligence. Under the new provisions, such a motion may only be made where the summons contains a warrant in the appropriate form.

Paragraph 2(3) substitutes a new Rule 13.8 and inserts a new Rule 13.8A. Those Rules provide that, after the calling of a summons, a pursuer may apply by motion for authority for arrestment to found jurisdiction or for diligence.

Paragraphs 2(4), (5) and (6) make minor and consequential amendments to Rules 13.9, 13.10 and 13.11 respectively.

Paragraphs 2(7) and (8) make provision for applying by motion for authority for arrestment to found jurisdiction or for diligence in connection with counterclaims and third party procedure.

Paragraph 2(9) amends the Rules so that applications for letters of inhibition on the dependence of actions in the sheriff court require to be considered by a Lord Ordinary rather than being dealt with by the Deputy Principal Clerk of Session.

Paragraph 2(10) makes consequential amendments to Form 13–2A (form of summons and backing).