Act of Sederunt (Rules of the Court of Session 1994 Amendment) (No. 3) (Courts Reform (Scotland) Act 2014) 2015

Made: 2nd June 2015

Laid before the Scottish Parliament: 4th June 2015

Coming into force: 22nd September 2015

The Court of Session therefore makes this Act of Sederunt in exercise of the powers conferred by sections 39(7) and 103(1) of the Courts Reform (Scotland) Act 2014[^f00002], and all other powers enabling it to do so.

Citation and commencement etc.

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• (1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session 1994 Amendment) (No. 3) (Courts Reform (Scotland) Act 2014) 2015.

• (2) It comes into force on 22nd September 2015.

• (3) A certified copy is to be inserted in the Books of Sederunt.

Amendment of the Rules of the Court of Session 1994: determination of the value of an order

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• (1) The Rules of the Court of Session 1994[^f00003] are amended in accordance with this paragraph.

• (2) After Chapter 14A (interim diligence)[^f00004], insert—

(14B.1) (1) This Chapter makes provision about determining, for the purposes of section 39 of the Act of 2014— (a) the value of an order sought in a cause; and (b) the aggregate total value of all the orders sought in a cause. (2) In this Chapter “order” is to be construed in accordance with section39(6) of the Act of 2014. (14B.2) (1) This rule applies where the order sought is an order for payment of money. (2) The value of the order is the sum of money sought unless the court otherwise determines. (3) Where the order sought is for— (a) payment in instalments; or (b) a periodical payment, that is a payment that recurs at specified intervals or on the occurrence of specified events, the instalments or periodical payments are added together to determine the sum of money sought. (4) Where an award of interest is sought from the court in addition to the payment of money, that interest is not to be taken into account for the purposes of this rule. (5) Where the party seeking the order considers that its value exceeds the value of the sum of money sought, that party must make averments stating— (a) why it considers that to be the case; (b) its true value, and its value is the sum stated in those averments, unless the court otherwise determines. (14B.3) (1) This rule applies where the order sought is an order determining rights in relation to property. (2) The party seeking the order must make averments stating— (a) the value of that order; (b) why it considers that to be the value, and its value is the sum stated in those averments, unless the court otherwise determines. (14B.4) (1) This rule applies where a party seeking an order considers that its value is unascertainable at the time when the order is sought. (2) That party must make averments stating why it considers the value to be unascertainable. (3) The court is to put the cause out on the By Order Roll— (a) where the cause has been commenced by summons, on the first suitable court day after the expiry of the period for lodging defences under rule 18.1(2); or (b) where the cause has been commenced by petition, on the first suitable court day after the expiry of the period of notice for lodging answers under rule 14.6(1). (4) At the hearing under paragraph (3), the parties may make submissions in relation to the value of the order and whether it is unascertainable. (5) Where the court determines that the value is unascertainable, its value is to be taken as exceeding £100,000. (14B.5) (1) This rule applies where more than one order is sought in a cause, including where— (a) a party seeks orders against more than one other party in the same cause; (b) more than one party seeks an order in the same cause, whether against one or more other parties. (2) The aggregate total value is determined by adding together the value of each order as determined in accordance with this Chapter. (3) An order that is alternative to any other order sought by the same party is to be disregarded in determining the aggregate total value. (4) An order sought in a counterclaim is to be disregarded in determining the aggregate total value. (14B.6) (1) This rule applies where the court requires to determine the value of an order or the aggregate total value of all the orders sought. (2) The court is to have regard to the pleadings in the cause, including any defences or answers that have been lodged. (3) The court may put the cause out on the By Order Roll in order that parties may make submissions where the court considers that doing so would assist it to determine the value of an order or the aggregate total value of all the orders sought. (4) The court must put the cause out on the By Order Roll in order that parties may make submissions if it is considering making a determination that the aggregate total value of all the orders sought is less than £100,000.

Amendment of the Rules of the Court of Session 1994: judicial review

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• (1) The Rules of the Court of Session 1994 are amended in accordance with this paragraph.

• (2) In Chapter 38 (reclaiming)—

• (a) in rule 38.3(3) after “other than” insert “an interlocutor deciding whether to grant permission for the application to proceed under section 27B(1) of the Act of 1988 or”;

• (b) after rule 38.8(c), insert—

(d) an appeal from a decision of the Lord Ordinary concerning permission to proceed in petitions for judicial review under section 27D of the Act of 1988 (appeal following oral hearings).

• (3) For Chapter 58 (applications for judicial review)[^f00005], substitute—