Act of Sederunt (Rules of the Court of Session Amendment No. 2) (Miscellaneous) 2012

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 2 inserts a new rule into Chapter 14 (petitions) regarding the disposals which the court may make where a petition is presented to it. The rule provides that the court may make such order as it sees fit to dispose of a petition, being any order which could be sought in any action or petition. The rule also provides that such an order may be made by the court whether or not it was sought in the petition. This mirrors the options of the court in disposing of a petition for judicial review under rule 58.4(b).

Paragraph 3 amends the rule on actions based on clinical negligence which are raised as ordinary actions (rule 43.1A). The amendment has the effect that certain rules in Chapter 43 (actions of damages for, or arising from, personal injuries) apply in relation to such actions. The applicable rules are rule 43.11 (applications for interim payments of damages), rule 43.12 (adjustment on final decree) and rule 43.13 (applications for further damages).

Paragraph 4 amends Form 58.6, the form of petition in an application for judicial review, to reflect the decision of the Supreme Court in AXA General Insurance Limited and others v. The Lord Advocate and others 2011 UKSC 46 in relation to the appropriate test of standing in applications to the Court of Session’s supervisory jurisdiction in the field of public law.

Paragraph 5 makes a minor amendment to the form of petition for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008, to reflect the scope of possible petitioners under that provision.