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Rule 2.39 Invitation to interveneF1

(1)

This rule applies where an enactment makes provision for a statutory intervener to be invited by the sheriff to intervene in proceedings.

(2)

Where an enactment requires that the sheriff be satisfied that intervention is likely to assist the sheriff, the sheriff may invite an intervention only if the sheriff is so satisfied.

(3)

An invitation by the sheriff to a statutory intervener to intervene in proceedings is to be in Form 11AB and the sheriff clerk is to send a copy of it to the statutory intervener and all the parties.

(4)

An invitation is to be accompanied by—

(a)

a copy of the pleadings in the proceedings;

(b)

such other documents relating to the proceedings as the sheriff thinks relevant.

(5)

When issuing an invitation, the sheriff may impose such terms and conditions as the sheriff considers desirable in the interests of justice, including making provision in respect of any additional expenses incurred by the parties as a result of the intervention.

Annotations

Textual amendments

F1

Rules 2.37-2.40 substituted for rules 2.37-2.41 (1.1.2025) by Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules 2021 and Sheriff Court Rules Amendment) (Statutory Interveners) 2024 (S.S.I. 2024/353), paras. 1(2), 5(2)