Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 2) 2008

Explanatory Note

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

This Act of Sederunt makes miscellaneous amendments to the rules of procedure in the sheriff court as follows.

Paragraph 2 amends Forms O4 and O5 of the Ordinary Cause Rules by inserting a paragraph which provides information about certain procedural steps to take in relation to defending commercial actions.

Paragraph 3 amends the Ordinary Cause Rules by inserting a new rule into Chapter 31 (appeals) making provision for appeal to the sheriff principal of specified interlocutors without the requirement for leave to be obtained.

Paragraph 4 omits subparagraph (4) of rule 29.14 of the Ordinary Cause Rules relating to notices to admit and notices of non-admission.

Paragraph 5 amends the Summary Cause Rules in relation to specification of documents in actions of damages for personal injury. Existing Form 10e is replaced by a new form.

Paragraph 6 inserts a new Part XXXVI into the Summary Application Rules to make provision in relation to the period for lodging an appeal under section 11(1) of the UK Borders Act 2007.

Paragraphs 7 to 10 amend the Ordinary Cause Rules, Summary Application Rules, Summary Cause Rules and Small Claims Rules to refer to applicable procedures relating to the service of documents under Regulation (EC) No. 1393/2007 of the European Parliament and of the Council on the service in EU Member States of judicial and extrajudicial documents in civil or commercial matters.