Rule 19A.2 Application for an award of expensesF1F2
Where civil proceedings have been brought by a pursuer, another party to the action (“the applicant”) may make an application to the Court for an award of expenses to be made against the pursuer, on one or more of the grounds specified in either or both—
section 8(4)(a) to (c) of the Act;
paragraph (2) of this rule.
The grounds specified in this paragraph, which are exceptions to section 8(2) of the Act, are as follows—
failure by the pursuer to obtain an award of damages greater than the sum offered by way of a tender lodged in process;
unreasonable delay on the part of the pursuer in accepting a sum offered by way of a tender lodged in process;
abandonment of the appeal by the pursuer in terms of rule 9.1(1) to (3), or at common law.
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)