Act of Sederunt (Rules of the Court of Session, Ordinary Cause Rules and Summary Cause Rules Amendment) (Miscellaneous) 2014

EXPLANATORY NOTE

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

This Act of Sederunt amends the Rules of the Court of Session, Ordinary Cause Rules and Summary Cause Rules in respect of personal injury actions. Paragraph 2(7) also amends the Rules of the Court of Session in respect of a typographical error in Chapter 58A (protective expenses orders in environmental appeals and judicial reviews).

Paragraph 2 amends the Rules of the Court of Session. In particular rule 35.3, rule 35.3A and Form 35.3A-A are amended in respect of the optional procedure for the recovery of documents. In so doing it makes clear the procedure for the optional procedure for the recovery of evidence where confidentiality is claimed.

Paragraph 3 amends the Ordinary Cause Rules. In so doing it replaces the existing optional procedure for the recovery of evidence in rule 28.3 and introduces two new types of optional procedure for the recovery of evidence. The first, where all of the parties are legally represented, is administered by the solicitors for the parties. The second, where one or more of the parties is a party litigant, is administered by the sheriff clerk.

Paragraph 4 amends the Summary Cause Rules. In so doing it introduces an optional procedure for the recovery of evidence in personal injury actions where each party is legally represented. This procedure is administered by the solicitors for the parties.

In addition, each set of rules is amended to remove a superfluous reference to putting cases out By Order in certain circumstances and to remove the need for special cause to be shown to vary the timetable.