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Rule 19A.1 Application and interpretation of this ChapterF1F2

(1)

This Chapter applies in civil proceedings, where either or both—

(a)

an application for an award of expenses is made to the Court;

(b)

such an award is made by the Court.

(2)

Where this Chapter applies—

(a)

rules 9.1(4) and (5) (application to abandon appeal);

(b)

any common law rule entitling a pursuer to abandon an appeal, to the extent that it concerns expenses,

are disapplied.

(3)

In this Chapter—

  • “the Act” means the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018;

  • “the applicant” has the meaning given in rule 19A.2(1), and “applicants” is construed accordingly;

  • “civil proceedings” means civil proceedings to which section 8 of the Act (restriction on pursuer’s liability for expenses in personal injury claims) applies.

Annotations

Textual amendments

F1

Rules revoked (with saving in rule 34.3) (6.1.2022) by Act of Sederunt (Sheriff Appeal Court Rules) 2021 (S.S.I. 2021/468), rules 1.1(2), 34.1 (with rules 1.2, 34.3)

F2

Ch. 19A inserted (30.6.2021) by Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Qualified One-Way Costs Shifting) 2021 (S.S.I. 2021/226), paras. 1(2), 4(2)