Act of Sederunt (Rules of the Court of Session Amendment No. 5) (Miscellaneous) 2004

Explanatory Note

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

This Act of Sederunt makes miscellaneous amendments to the Rules of the Court of Session 1994 (S.I. 1994/1443) (“the Rules”).

Paragraph 2(2) substitutes rule 22.4 (notes of argument) to reflect current practice.

Paragraph 2(3) makes provision to widen the category of person or company that can provide a bond of caution under rule 33.5 (cautioners and guarantors).

Paragraph 2(4) amends rule 39.1(3) (applications for new trial) to provide that when a party makes an application for a new trial on the grounds the verdict is contrary to the evidence he or she must lodge transcript copies of the passages of the evidence on which he or she wishes to rely.

Paragraph 2(5) amends rule 40.7A(b) (required application for early disposal of appeal against interlocutor other than final judgment) to extend the requirement for an application for the early disposal of an appeal to cases where the appeal is against an order under the Adoption Act 1978.

Paragraph 2(6) inserts a new rule 41.3A (competency of appeals) to allow the Deputy Principal Clerk of Session to refer a statutory appeal to a single judge to consider the competence of the appeal.

Paragraph 2(8) amends rule 41.20(2) (period for lodging certain appeals) to reflect changes in the primary legislation.

Paragraph 2(12), (13), (14), and (15) makes various amendments to the procedure for applications for statutory review under section 101(2) of the Nationality, Immigration and Asylum Act 2002.

Paragraph 2(16) inserts a new Part XIII in Chapter 41 in respect of procedure for references and appeals under an ACAS arbitration scheme.

Paragraph 2(17) amends rule 43.11(5) (persons against whom orders for interim payment of damages may be made) by adding a new category of person against whom an order for interim damages can be made.

Paragraph 2(18) amends rule 59.1(1)(b) (applications for letters of inhibition) to provide for an application for letters of inhibition where a claim for payment of tax in a foreign jurisdiction has the same force and effect as a decree of the Court of Session.

Paragraph 2(21) introduces a new Chapter 86 to set out a procedure for applying under certain sections of the Competition Act 1998 for warrants to enter and search premises.

Paragraph 2(7), (9), (10), (11), (19) and (20) makes minor amendments to the numbering of certain rules.

Paragraph 2(22) makes amendments to the forms set out in the Appendix to the Rules.