# Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2005, Article 5: Amendment of Small Claim Rules


(1) The Act of Sederunt (Small Claim Rules) 2002 is amended in accordance with sub-paragraphs (2) and (3).
(2) For rule 21.6(1) (expenses) there shall be substituted—
“21.6 (1) This rule applies, subject to section 36B of the 1971 Act, 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.”
(3) In Appendix 1 for Form 15 substitute the form set out in Schedule 4 to this Act of Sederunt.

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Source: https://www.legislation.gov.uk/ssi/2005/648/article/5 (the official version)
Page: https://openlegislation.uk/act-of-sederunt-ordinary-cause-summary-application-summary-cause-and-small-claim-rules-amendment-miscellaneous-2005/article-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.