Rule 5 Specification of compatibility question

(1)

Any party raising a compatibility question must specify—

(a)

where the party initiates the action, in the initiating document;

(b)

in the written defences or answers; or

(c)

in any other case, in Form 1,

the facts or circumstances and contentions of law on the basis of which it is alleged that the compatibility question arises in sufficient detail to enable the sheriff to determine whether such a question arises in the proceedings.

(2)

Where a party wishes to raise a compatibility question after lodging any document mentioned in paragraph (1), the party must do so—

(a)

by way of adjustment or minute of amendment; or

(b)

in proceedings in which there is no procedure for adjustment or amendment, in Form 1,

so as to provide specification of the matters mentioned in that paragraph.