Article 5 Amendment of Small Claim Rules

The Act of Sederunt (Small Claim Rules) 2002^f1 is amended in accordance with sub-paragraphs (2) and (3).

For rule 21.6(1) (expenses) there shall be substituted—

“21.6

(1)

This rule applies, subject to section 36B of the 1971 Act^f2, to the determination of expenses—

(a)

in a claim, where the defender has—

(i)

not stated a defence;

(ii)

having stated a defence, has not proceeded with it; or

(iii)

having stated a defence, has not acted in good faith as to its merits;

(b)

in a claim where there has been unreasonable conduct on the part of a party to that claim in relation to the proceedings or the claim; or

(c)

in an appeal to the sheriff principal.”

In Appendix 1 for Form 15 substitute the form set out in Schedule 4 to this Act of Sederunt.