78.1. This Chapter applies to a special case under section 27 of the Act of 1988.
Commencement Information
I1Sch. 2 rule 78.1 in force at 5.9.1994, see para. 1(1)
78.2.—(1) A special case shall be lodged with a process in the General Department.
(2) A special case shall, without appearance, be put out for hearing in the Summar Roll before the Inner House.
Commencement Information
I2Sch. 2 rule 78.2 in force at 5.9.1994, see para. 1(1)
78.3.—(1) A special case may be amended by consent of the parties.
(2) Where parties seek to amend a special case, any one of them may apply by motion for leave to amend of consent.
Commencement Information
I3Sch. 2 rule 78.3 in force at 5.9.1994, see para. 1(1)
78.4.—(1) Where a party to a special case is incapax by reason of nonage, insanity or otherwise, it shall be the duty of the other parties (which duty may be performed by any of them), on the lodging of the special case under rule 78.2(1), to apply by motion for the appointment of a curator ad litem to such incapax.
(2) A curator ad litem appointed under paragraph (1) shall be given all necessary information and facilities by the other parties to enable him to perform his duties.
(3) Where a curator ad litem is satisfied that the special case is fully and accurately stated in relation to the interests of the incapax, he may sign it as curator ad litem.
(4) Where a curator ad litem is not given all necessary information and facilities by the other parties, or is not satisfied that the special case is fully and accurately stated in relation to the interest of the incapax, he shall report the position to the Inner House which may then recall his appointment and dispose of the special case as it thinks fit.
(5) An award of expenses–
(a)may not be made against a curator ad litem; and
(b)may be made in favour of a curator ad litem as the court thinks fit.
Commencement Information
I4Sch. 2 rule 78.4 in force at 5.9.1994, see para. 1(1)