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Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Withdrawal of Agents and Judicial Review) 2017

As Enacted Cited authorities 9 Cited in Related
JurisdictionUK Non-devolved
CitationSSI 2017/200
Year2017

2017 No. 200

COURT OF SESSION

Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Withdrawal of Agents and Judicial Review) 2017

Made 13thJune 2017

Laid before the Scottish Parliament 15thJune 2017

Coming into force 17thJuly 2017

In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013(1), the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council.

The Court of Session therefore makes this Act of Sederunt under the powers conferred by section 103(1) of the Courts Reform (Scotland) Act 2014(2) and all other powers enabling it to do so.

Citation and commencement, etc.

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Withdrawal of Agents and Judicial Review) 2017.

(2) It comes into force on 17th July 2017.

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

Amendment of the Rules of the Court of Session 1994

2.—(1) The Rules of the Court of Session 1994(3) are amended in accordance with this paragraph.

(2) For rule 30.1 (intimation of withdrawal of agent to court) substitute—

“Intimation of withdrawal of agent

30.1.—(1) This rule applies where an agent withdraws from acting on behalf of a party.

(2) The agent must intimate withdrawal by letter to the Deputy Principal Clerk and every other party.

(3) That letter must specify the last known address of the party.

(4) Where any previously fixed hearing is to take place within 14 days from the date of the withdrawal, the agent must confirm in the letter that they have taken all reasonable steps to—

(a) notify the party of the hearing date;

(b) advise the party that they must attend the hearing or arrange representation at the hearing to state whether or not they intend to proceed; and

(c) advise the party that a failure to attend or be represented at the hearing may result in the court granting decree or making another finding or order.

(5) The Deputy Principal Clerk must lodge the letter in process.”.

(3) In rule 30.2 (intimation to party whose agent has withdrawn)—

(a) in paragraph (1), after “other party” insert “or, where there is no other party, at its own instance”;

(b) in paragraph (2), after “paragraph (1)” insert “, or the court where there is no other party,”.

(4) After rule 58.3(4)(c) (the petition), insert—

“(d) identify which documents are necessary to determine—

(i) whether to grant...

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