{
  "url": "https://openlegislation.uk/act-of-sederunt-ordinary-cause-summary-application-summary-cause-and-small-claim-rules-amendment-miscellaneous-2005/article-5",
  "json_url": "https://openlegislation.uk/act-of-sederunt-ordinary-cause-summary-application-summary-cause-and-small-claim-rules-amendment-miscellaneous-2005/article-5.json",
  "legislation": "ssi/2005/648",
  "legislation_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2005",
  "legislation_url": "https://openlegislation.uk/act-of-sederunt-ordinary-cause-summary-application-summary-cause-and-small-claim-rules-amendment-miscellaneous-2005",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": "Amendment of Small Claim Rules",
  "text": "(1) The Act of Sederunt (Small Claim Rules) 2002 is amended in accordance with sub-paragraphs (2) and (3).\n(2) For rule 21.6(1) (expenses) there shall be substituted—\n“21.6 (1) This rule applies, subject to section 36B of the 1971 Act, to the determination of expenses—\n(a) in a claim, where the defender has—\n(i) not stated a defence;\n(ii) having stated a defence, has not proceeded with it; or\n(iii) having stated a defence, has not acted in good faith as to its merits;\n(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\n(c) in an appeal to the sheriff principal.”\n(3) In Appendix 1 for Form 15 substitute the form set out in Schedule 4 to this Act of Sederunt.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.S.I. 2002/133, amended by S.S.I. 2003/26 and 2004/197."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 36B of the Sheriff Courts (Scotland) Act 1971 was inserted by section 18(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73) and amended by article 2 of the Schedule to S.I. 1999/678."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2005/648/article/5",
    "retrieved_at": "2026-10-28T22:22:16.621074+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}