Rule 21.2 Application for an award of expensesI1

Scotland

(1)

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—

(a)

section 8(4)(a) to (c) of the 2018 Act;

(b)

paragraph (2) of this rule.

(2)

The grounds specified in this paragraph, which are exceptions to section 8(2) of the 2018 Act, are as follows—

(a)

failure by the pursuer to obtain an award of damages greater than the sum offered by way of a tender lodged in process;

(b)

unreasonable delay on the part of the pursuer in accepting a sum offered by way of a tender lodged in process;

(c)

abandonment of the appeal by the pursuer in terms of rule 10.1(1) to (4), or at common law.

Annotations

Commencement

I1: Para. 21.2 in force at 6.1.2022, see para. 1.1(2)