SCHEDULE 2THE RULES OF THE COURT OF SESSION 1994

Initiation and progress of proceedings

CHAPTER 25COUNTERCLAIMS

Warrants for diligence on counterclaimsI125.2

1

A defender who lodges a counterclaim may apply for a warrant to use any form of diligence which would have been permitted under rule 13.6(c) (warrants for diligence in summonses) had the warrant been sought in a summons in a separate action.

2

An application for a warrant under paragraph (1) shall be made–

a

at the time of lodging the counterclaim, by inserting before the conclusions of the counterclaim the words “Warrant for arrestment [and inhibition] on the dependence [or inhibition on the dependence or arrestment in rem of (details of ship or cargo) or to dismantle (details of ship), as the case may be] applied for.”; or

b

after the counterclaim has been lodged, by motion.

3

An application for a warrant under paragraph (2)(a) may be granted by the clerk of session who receives the counterclaim by writing the words “Warrant granted as craved.” after the warrant sought, and adding his signature and the date below those words.

4

A warrant granted under paragraph (3) shall have the same effect as if the warrant had been in a signeted summons.

5

A certified copy of the interlocutor granting warrant for diligence applied for under paragraph (2) (b) shall be sufficient authority for execution of the diligence.

6

A counterclaim, or a certified copy of the interlocutor, containing a warrant for inhibition granted under this rule and a certificate of execution of it may be registered in the Register of Inhibitions and Adjudications.

7

A notice of a warrant in a counterclaim, or a notice of the certified copy of the interlocutor containing a warrant, for inhibition granted under this rule may be registered under section 155 of the Titles to Land Consolidation (Scotland) Act 186830; and such registration shall have the same effect as registration of a notice under that section.