{
  "url": "https://openlegislation.uk/act-of-sederunt-small-claim-rules-1988/schedule/paragraph-26",
  "json_url": "https://openlegislation.uk/act-of-sederunt-small-claim-rules-1988/schedule/paragraph-26.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/26",
  "kind": "paragraph",
  "number": "26",
  "heading": "Expenses",
  "text": "(1) Subject to section 36B of the Sheriff Courts (Scotland) Act 1971, where—\n(a) a defender has not stated a defence, or having stated a defence, has not proceeded with it, or having stated and proceeded with a defence, has not acted in good faith as to its merits; or\n(b) a party’s conduct in relation to the proceedings or the claim has been unreasonable,\nrule 88 of the Summary Cause Rules (expenses) shall apply to the determination of expenses in a small claim as it applies to the determination of expenses in a summary cause.\n(2) Subject to section 36B of the Sheriff Courts (Scotland) Act 1971, where an appeal has been made to the sheriff principal, rule 88 of the Summary Cause Rules shall apply to the determination of the expenses of the appeal as it applies to the expenses in a summary cause.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Rule 88 of the Summary Cause Rules was amended by S.I. 1980/455"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1988/1976/schedule/paragraph/26",
    "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."
}