http://www.legislation.gov.uk/ssi/2012/188/article/3Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 20122026-08-12Dissolution of civil partnershipsCivil partnershipLegislationenSHERIFF COURTStatute Law DatabaseExpert Participation2012-08-01
This Act of Sederunt makes various amendments to the Ordinary Cause Rules; and some minor amendments to other sets of sheriff court rules.
<Abbreviation Expansion="the Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907 c. 51">Ordinary Cause Rules</Abbreviation>: summary decree
3
1
The Ordinary Cause Rules are amended in accordance with the following subparagraphs.
2
For rule 17.2 (applications for summary decree) and rule 17.3 (application of summary decree to counterclaims, etc.) substitute—
Applications for summary decree
17.2
1
Subject to paragraphs (2) to (4), a party to an action may, at any time after defences have been lodged, apply by motion for summary decree in accordance with rule15.1(1)(b) (lodging of motions).
2
An application may only be made on the grounds that—
a
an opposing party’s case (or any part of it) has no real prospect of success; and
b
there exists no other compelling reason why summary decree should not be granted at that stage.
3
The party enrolling the motion may request the sheriff—
a
to grant decree in terms of all or any of the craves of the initial writ or counterclaim;
b
to dismiss a cause or to absolve any party from any crave directed against him or her;
c
to pronounce an interlocutor sustaining or repelling any plea-in-law; or
d
to dispose of the whole or part of the subject-matter of the cause.
4
The sheriff may—
a
grant the motion in whole or in part, if satisfied that the conditions in subparagraph (2) are met,
b
ordain any party, or a partner, director, officer or office-bearer of any party—
i
to produce any relevant document or article; or
ii
to lodge an affidavit in support of any assertion of fact made in the pleadings or at the hearing of the motion.
5
Notwithstanding the refusal of all or part of a motion for summary decree, a subsequent motion may be made where there has been a change in circumstances.
.
3
Rule40.11 (applications for summary decree in a commercial action) is omitted.
Para. 3 in force at 1.8.2012, see para. 1(1)