Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Pursuers’ Offers) 2017

EXPLANATORY NOTE

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

This Act of Sederunt amends the Rules of the Court of Session 1994 and the Ordinary Cause Rules 1993 by inserting rules that provide for a formal system of pursuers’ offers.

A pursuer’s offer can be made in any case in which the summons or initial writ includes a pecuniary conclusion or crave, other than a conclusion or crave that cannot be granted without evidence. The offer, which is lodged in process, must offer to accept a sum or sums of money, inclusive of interest to the date of the offer, along with the taxed expenses of process. It must also specify the conclusions or craves in satisfaction of which the sum or sums would be accepted.

A pursuer’s offer is accepted by lodging a minute of acceptance in process. The acceptance must be unqualified other than as regards any question of contribution, indemnity or relief. On the acceptance of an offer, either party may apply by motion for decree in terms of the offer and acceptance. Where the offer relates to a conclusion or crave for decree against more than one defender, it is only accepted when accepted by all such defenders, but the pursuer may nevertheless seek decree against an accepting defender, with the consent of that defender, although the offer has not been accepted by all defenders.

Where an offer is accepted, and the court is satisfied that it was accepted later than it could reasonably have been accepted, the rules provide for the defender to be found liable for interest on the principal sum from the date of the offer, and for payment of an additional sum to the pursuer.

The rules also provide for the defender to be found liable for payment of an additional sum to the pursuer where an offer is not accepted, where the judgement or verdict is at least as favourable to the pursuer as the terms offered, and where the court is satisfied that the offer was a genuine attempt to settle.

The additional sum for which the defender is found liable in these circumstances is calculated by reference to the pursuer’s taxed expenses, being a sum corresponding to half the fees allowed on taxation that are attributable to the period following the making of the offer.