{
  "url": "https://openlegislation.uk/act-of-sederunt-simple-procedure-2016/schedule-1/part-9",
  "json_url": "https://openlegislation.uk/act-of-sederunt-simple-procedure-2016/schedule-1/part-9.json",
  "legislation": "ssi/2016/200",
  "legislation_title": "Act of Sederunt (Simple Procedure) 2016",
  "legislation_url": "https://openlegislation.uk/act-of-sederunt-simple-procedure-2016",
  "path": "schedule/1/part/9",
  "kind": "part",
  "number": "9: Additional Orders Applications",
  "heading": null,
  "text": "9.1\nWhat is this Part about?\n(1)\nThis Part is about applications which the parties may make to the court to ask for things to be done in a case (additional orders to those mentioned in Part 8).\n9.2\nHow do you ask for orders to be made?\n(1)\nA party may apply for an order by:\n(a)\nasking the sheriff to make an order in person at a case management discussion or hearing, or\n(b)\ncompleting an Additional Orders Application and sending it to the court (see rule 9.3).\n9.3\nHow do you complete an Additional Orders Application?\n(1)\nA party may apply for an order by sending the other party an Additional Orders Application unless it is not possible to send it to the other party.\n(2)\nThat party must, at the same time, send the court a copy of the Additional Orders Application with evidence that it was sent to the other party (for example, a postal receipt or copy of an email) or, if it is not possible to send it to the other party, with an explanation of why it is not possible to send it to the other party.\n(3)\nThe Additional Orders Application must set out:\n(a)\nthe order the party wants the sheriff to make, and\n(b)\nwhy the party thinks the sheriff should make the orders.\n9.4\nHow do you object to an Additional Orders Application?\n(1)\nIf the party who has been sent the Additional Orders Application objects to the order requested, that party must do two things:\n(a)\nset out the objection in the Additional Orders Application, and\n(b)\nsend the Additional Orders Application to the court and the other party within 10 days of the Additional Orders Application being sent.\n9.5\nWhat will the court do with an Additional Orders Application?\n(1)\nThe sheriff will consider the Additional Orders Application and any objection to it.\n(2)\nThe sheriff may:\n(a)\ngrant the Additional Orders Application, or part of it, and give written orders to the parties,\n(b)\nrefuse the Additional Orders Application, and make no orders, or\n(c)\norder the parties to appear at a discussion in court, where the sheriff will consider whether to make any orders.\nPausing cases\n9.6\nWhat happens if a case is paused?\n(1)\nIf a case is paused, then any discussions or hearings in the case are cancelled and the case will not progress until it is restarted.\n9.7\nWhat can the court do with a paused case?\n(1)\nThe sheriff clerk must present to the sheriff a case which has been paused for 6 months or more.\n(2)\nThe sheriff may then formally serve on the parties written orders which provide that unless a party does something or takes a step, then the sheriff may dismiss the claim.\n(3)\nAn order made under paragraph (2) must be formally served by the sheriff clerk on the party given the order unless the sheriff directs otherwise.\n(4)\nIf that party does not do the thing or take the step ordered, the sheriff may make a decision in the case, including—\n(a)\ndismissing the claim or part of the claim,\n(b)\nawarding the claimant some or all of what was asked for in the claim form.\nMiscellaneous applications\n9.8\nHow can a person become an additional respondent in a case?\n(1)\nA person who is not a respondent may apply to become a respondent in a case by sending an Additional Orders Application to the court and all parties (see rule 9.3).\n(2)\nThe Additional Orders Application must set out why that person has an interest in becoming a respondent.\n(3)\nThe Additional Orders Application must have attached to it a draft Response Form.\n(4)\nThe sheriff may grant the application without a discussion in court, but must order a discussion if considering refusing the application.\n(5)\nIf ordering a discussion in court, the sheriff must also order the person wishing to become a respondent to formally serve a copy of the notice of the discussion on all of the parties.\n(6)\nIf granting the application, the sheriff must give orders allowing the additional respondent to participate in the case as a respondent.\n(7)\nThe sheriff clerk may formally serve the copy of the notice of the discussion if the person wishing to become a respondent is:\n(a)\nnot a company, limited liability partnership or partnership, and\n(b)\nis not legally represented.\n9.9\nWhat can happen if a party dies or becomes legally incapacitated?\n(1)\nIf a party dies or becomes legally incapacitated before a sheriff decides a case, then a person who asserts a right to represent that party or that party’s estate may apply to represent that party by sending an Additional Orders Application to the court (see rule 9.3).\n(2)\nThe Additional Orders Application must set out why that person should be allowed to represent that party or that party’s estate.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 1 Pt. 9 substituted (31.5.2023) by Act of Sederunt (Simple Procedure Amendment) (Miscellaneous) 2022 (S.S.I. 2022/211), paras. 1(2), 2(2)(o) (with para. 3)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2016/200/schedule/1/part/9",
    "retrieved_at": "2026-10-28T21:23:36.581509+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}