{
  "url": "https://openlegislation.uk/act-of-sederunt-small-claim-rules-1988/schedule/paragraph-10",
  "json_url": "https://openlegislation.uk/act-of-sederunt-small-claim-rules-1988/schedule/paragraph-10.json",
  "legislation": "uksi/1988/1976",
  "legislation_title": "Act of Sederunt (Small Claim Rules) 1988",
  "legislation_url": "https://openlegislation.uk/act-of-sederunt-small-claim-rules-1988",
  "path": "schedule/paragraph/10",
  "kind": "paragraph",
  "number": "10",
  "heading": "No response by defender",
  "text": "(1) Where a form of response has not been lodged by the defender in accordance with rule 8 or 9 above, the cause shall not be called in court and, if before noon on the day prior to the date for the preliminary hearing, the pursuer, his solicitor or his solicitor’s authorised clerk enters a minute in the Book of Small Claims or lodges form 10 with the minute in box 1 or 2 duly signed, or a minute in form 12, as the case may be, decree or other order in terms of that minute may be granted on the date for the preliminary hearing.\n(2) Where the pursuer does not enter a minute in the Book of Small Claims or lodge form 10 with the minute in box 1 or 2 duly signed, or a minute in form 12 in accordance with paragraph (1) of this rule, the court shall dismiss the small claim.\n(3) A decree granted under paragraph (1) of this rule shall be subject to recall in accordance with the provisions of rule 27 below.\n(4) The sheriff shall not grant decree under paragraph (1) of this rule unless it is clear from the terms of the summons that a ground of jurisdiction exists.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1988/1976/schedule/paragraph/10",
    "retrieved_at": "2026-10-29T15:55:02.205881+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."
}