{
  "url": "https://openlegislation.uk/act-of-sederunt-summary-cause-rules-2002/schedule-1/appendix-2",
  "json_url": "https://openlegislation.uk/act-of-sederunt-summary-cause-rules-2002/schedule-1/appendix-2.json",
  "legislation": "ssi/2002/132",
  "legislation_title": "Act of Sederunt (Summary Cause Rules) 2002",
  "legislation_url": "https://openlegislation.uk/act-of-sederunt-summary-cause-rules-2002",
  "path": "schedule/1/appendix/2",
  "kind": "appendix",
  "number": "2",
  "heading": "GLOSSARY",
  "text": "Absolve\nTo find in favour of and exonerate the defender.\nAbsolvitor\nAn order of the court granted in favour of and exonerating the defender which means that the pursuer is not allowed to bring the same matter to court again.\nAction of count, reckoning and payment\nA legal procedure for requiring someone to account for their dealings with assets under their stewardship. For example, a trustee might be subject to such an action.\nAction of furthcoming\nA final stage of diligence or enforcement. It results in whatever has been subject to arrestment being made over to the person who is suing. For example, where a bank account has been arrested this results in the appropriate amount being transferred to the pursuer.\nAppellant\nA person making an appeal against the sheriff’s decision. This might be the pursuer or the defender.\nArrestee\nA person subject to an arrestment.\nArrestment on the dependence\nA court order to freeze the goods or bank account of the defender until the court has heard the case.\nArrestment to found jurisdiction\nA court order used against a person who has goods or other assets in Scotland to give the court jurisdiction to hear a case. This is achieved by preventing anything being done with the goods or assets until the case has been disposed of.\nAuthorised lay representative\nA person other than a lawyer who represents a party to a summary cause.\nCalling date\nThe date on which the case will first be heard in court.\nCause\nAnother word for case or claim.\nCaution (pronounced kay-shun)\nA security, usually a sum of money, given to ensure that some obligation will be carried out.\nCertificate of execution of service\nThe document recording that an application to, or order or decree of, the court for service of documents has been effected.\nCharge\nAn order to obey a decree of a court. A common type is one served on the defender by a sheriff officer on behalf of the pursuer who has won a case demanding payment of a sum of money.\nClaim\nThe part of the summons which sets out the legal remedy which the pursuer is seeking.\nCommission and diligence\nAuthorisation by the court for someone to take the evidence of a witness who cannot attend court or to obtain the production of documentary evidence. It is combined with a diligence authorising the person appointed to require the attendance of the witness and the disclosure of documents.\nConsignation\nThe deposit in court, or with a third party, of money or an article in dispute.\nContinuation\nAn order made by the sheriff postponing the completion of a hearing until a later date or dates.\nContribution, Right of\nThe right of one person who is legally liable to pay money to someone to claim a proportionate share from others who are also liable.\nCounterclaim\nA claim made by a defender in response to the pursuer’s case and which is not necessarily a defence to that case. It is a separate but related case against the pursuer which is dealt with at the same time as the pursuer’s case.\nDamages\nMoney compensation payable for a breach of contract or some other legal duty.\nDeclarator of irritancy of a lease\nA decision of a court finding that a tenant has failed to observe a term of a lease which may lead to the termination of the lease.\nDecree\nAn order of the court containing the decision of the case in favour of one of the parties and granting the remedy sought or disposing of the case.\nDecree of ejection\nA decree ordering someone to leave land or property which they are occupying. For example, it is used to remove tenants in arrears with their rent.\nDecree of removing\nA court order entitling someone to recover possession of heritable property and ordering a person to leave land which he is occupying. For example, it is used to remove tenants in arrears with their rent.\nDefender\nPerson against whom a summary cause is started.\nDeliverance\nA decision or order of a court.\nDiet\nDate for a court hearing.\nDiligence\nThe collective term for the procedures used to enforce a decree of a court. These include arrestment of wages, goods or a bank account.\nDismissal\nAn order bringing to an end the proceedings in a summary cause. It is usually possible for a new summary cause to be brought if not time barred.\nDomicile\nThe place where a person is normally resident or where, in the case of a company, it has its place of business or registered office.\nExecution of service\nSee Certificate of execution of service.\nExecution of a charge\nThe intimation of the requirement to obey a decree or order of a court.\nExecution of an arrestment\nThe carrying out of an order of arrestment.\nExpenses\nThe costs of a court case.\nExtract decree\nThe document containing the order of the court made at the end of the summary cause. For example, it can be used to enforce payment of a sum awarded.\nFund in medio\nSee Multiplepoinding.\nHaver\nA person who holds documents which are required as evidence in a case.\nHeritable property\nLand and buildings as opposed to moveable property.\nHuissier\nAn official in France and some other European countries who serves court documents.\nIncidental application\nAn application that can be made during the course of a summary cause for certain orders. Examples are applications for the recovery of documents or to amend the statement of claim.\nInterlocutor\nThe official record of the order or judgment of a court.\nInterrogatories\nWritten questions put to someone in the course of a court case and which must be answered on oath.\nIntimation\nGiving notice to another party of some step in a summary cause.\nJurisdiction\nThe authority of a court to hear particular cases.\nIsh\nThe date on which a lease terminates.\nLetter of request\nA document issued by the sheriff court requesting a foreign court to take evidence from a specified person within its jurisdiction or to serve Scottish court documents on that person.\nMessenger at arms\nOfficers of court who serve documents issued by the Court of Session.\nMinute\nA document produced in the course of a case in which a party makes an application or sets out his position on some matter.\nMinute for recall\nA form lodged with the court by one party asking the court to recall a decree.\nMultiplepoinding (pronounced “multiple pinding”)\nA special type of summary cause in which the holder of property, etc. (referred to as the fund in medio) requires claimants upon it to appear and settle claims in court. For example, where the police come into possession of a stolen car of which two or more people claim to be owner this procedure could be used.\nOptions Hearing\nA preliminary stage in an ordinary cause action.\nOrdinary cause\nAnother legal procedure for higher value cases available in the sheriff court.\nParty litigant\nA person who conducts his own case.\nProcess\nThe court file containing the collection of documents relating to a case.\nProductions\nDocuments or articles which are used in evidence.\nPursuer\nThe person who starts a summary cause.\nRecall of an arrestment\nA court order withdrawing an arrestment.\nRestriction of an arrestment\nAn order releasing part of the money or property arrested.\nRecall of a decree\nAn order revoking a decree which has been granted.\nRecovery of documents\nThe process of obtaining documentary evidence which is not in the possession of the person seeking it (e.g. hospital records necessary to establish the extent of injuries received in a road accident).\nRemit between procedures\nA decision of the sheriff to transfer the summary cause to another court procedure e.g. small claim or ordinary cause procedure.\nRespondent\nWhen a decision of the sheriff is appealed against, the person making the appeal is called the appellant. The other side in the appeal is called the respondent.\nReturn day\nThe date by which the defender must send a written reply to the court and, where appropriate, the pursuer must return the summons to court.\nSchedule of arrestment\nThe list of items which may be arrested.\nServe / service\nSending a copy of the summons or other court document to the defender or another party.\nSheriff clerk\nThe court official responsible for the administration of the sheriff court.\nSheriff officer\nA person who serves court documents and enforces court orders.\nSist of action\nThe temporary suspension of a court case by court order.\nSist as a party\nTo add another person as a litigant in a case.\nSmall claim\nAnother legal procedure in the sheriff court for claims having a lower value than summary cause.\nSpecification of documents\nA list lodged in court of documents for the recovery of which a party seeks a court order.\nStated case\nAn appeal procedure where the sheriff sets out his findings and the reasons for his decision and states the issues on which the decision of the sheriff principal is requested.\nStatement of claim\nThe part of the summons in which pursuers set out details of their cases against defenders.\nSummons\nThe form which must be filled in to begin a summary cause.\nTime to pay direction\nA court order for which a defender who is an individual may apply permitting a sum owed to be paid by instalments or by a single payment at a later date.\nTime order\nA court order which assists debtors who have defaulted on an agreement regulated by the Consumer Credit Act 1974 (c. 39) and which may be applied for during a court action.\nWarrant for diligence\nAuthority to carry out one of the diligence procedures.\nWrit\nA legally significant writing.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
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      "affecting": "ssi/2009/294",
      "affecting_title": "Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009"
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      "type": "substituted",
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      "affecting_title": "Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009"
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    {
      "type": "substituted",
      "affecting": "ssi/2009/294",
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    {
      "type": "words substituted",
      "affecting": "ssi/2009/294",
      "affecting_title": "Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009"
    },
    {
      "type": "words substituted",
      "affecting": "ssi/2017/186",
      "affecting_title": "Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Lay Representation) 2017"
    },
    {
      "type": "words substituted",
      "affecting": "ssi/2017/186",
      "affecting_title": "Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Lay Representation) 2017"
    },
    {
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      "affecting_title": "Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Lay Representation) 2017"
    },
    {
      "type": "words substituted",
      "affecting": "ssi/2017/186",
      "affecting_title": "Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Lay Representation) 2017"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2009/164",
      "affecting_title": "Act of Sederunt (Sheriff Court Rules Amendment) (Sections 25 to 29 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990) 2009"
    },
    {
      "type": "words substituted",
      "affecting": "ssi/2009/164",
      "affecting_title": "Act of Sederunt (Sheriff Court Rules Amendment) (Sections 25 to 29 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990) 2009"
    },
    {
      "type": "substituted",
      "affecting": "ssi/2009/107",
      "affecting_title": "Act of Sederunt (Sheriff Court Rules Amendment) (Diligence) 2009"
    },
    {
      "type": "revoked",
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      "affecting_title": "Act of Sederunt (Sheriff Court Rules Amendment) (Diligence) 2009"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2012/144",
      "affecting_title": "Act of Sederunt (Summary Cause Rules Amendment) (Personal Injuries Actions) 2012"
    },
    {
      "type": "words substituted",
      "affecting": "ssi/2012/271",
      "affecting_title": "Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2012"
    },
    {
      "type": "words omitted",
      "affecting": "ssi/2012/271",
      "affecting_title": "Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2012"
    },
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      "affecting_title": "Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2012"
    },
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      "affecting_title": "Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 2) (Miscellaneous) 2016"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2016/215",
      "affecting_title": "Act of Sederunt (Sheriff Court Rules Amendment) (Personal Injury Pre-Action Protocol) 2016"
    },
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      "type": "substituted",
      "affecting": "ssi/2008/365",
      "affecting_title": "Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 2) 2008"
    },
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      "affecting": "ssi/2008/223",
      "affecting_title": "Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2008"
    },
    {
      "type": "words omitted",
      "affecting": "ssi/2010/279",
      "affecting_title": "Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2010"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2010/416",
      "affecting_title": "Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 2) 2010"
    },
    {
      "type": "word substituted",
      "affecting": "ssi/2017/186",
      "affecting_title": "Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Lay Representation) 2017"
    },
    {
      "type": "substituted for sch. 1 Ch. 13B heading, rules 14A.1-14A.4, Ch. 14B",
      "affecting": "ssi/2024/353",
      "affecting_title": "Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules 2021 and Sheriff Court Rules Amendment) (Statutory Interveners) 2024"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2013/135",
      "affecting_title": "Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2013"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2006/509",
      "affecting_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Equality Act 2006 etc.) 2006"
    },
    {
      "type": "substituted",
      "affecting": "ssi/2005/648",
      "affecting_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2005"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2021/226",
      "affecting_title": "Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Qualified One-Way Costs Shifting) 2021"
    },
    {
      "type": "words inserted",
      "affecting": "ssi/2011/193",
      "affecting_title": "Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2011"
    },
    {
      "type": "words omitted",
      "affecting": "ssi/2011/193",
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    },
    {
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    },
    {
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      "affecting": "ssi/2024/353",
      "affecting_title": "Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules 2021 and Sheriff Court Rules Amendment) (Statutory Interveners) 2024"
    },
    {
      "type": "substituted for sch. 1 Appendix Form 23A",
      "affecting": "ssi/2024/353",
      "affecting_title": "Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules 2021 and Sheriff Court Rules Amendment) (Statutory Interveners) 2024"
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      "affecting_title": "Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2013"
    },
    {
      "type": "words substituted",
      "affecting": "ssi/2003/601",
      "affecting_title": "Act of Sederunt (Taking of Evidence in the European Community) 2003"
    },
    {
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    },
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      "affecting_title": "Act of Sederunt (Taking of Evidence in the European Community) 2003"
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      "affecting_title": "Act of Sederunt (Taking of Evidence in the European Community) 2003"
    },
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      "type": "inserted",
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      "affecting_title": "Act of Sederunt (Taking of Evidence in the European Community) 2003"
    },
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      "affecting_title": "Act of Sederunt (Summary Cause Rules) (Amendment) 2002"
    },
    {
      "type": "am (1.1.2003)",
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      "affecting_title": "Act of Sederunt (Summary Cause Rules) (Amendment) 2002"
    },
    {
      "type": "added (1.1.2003)",
      "affecting": "ssi/2002/516",
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    },
    {
      "type": "word substituted",
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      "affecting_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2003"
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    },
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      "type": "words substituted",
      "affecting": "ssi/2004/197",
      "affecting_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2004"
    },
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      "affecting_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2004"
    },
    {
      "type": "words omitted",
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      "affecting_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2004"
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    },
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      "type": "inserted",
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      "affecting_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2004"
    },
    {
      "type": "words omitted",
      "affecting": "ssi/2004/197",
      "affecting_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2004"
    },
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      "type": "inserted",
      "affecting": "ssi/2004/197",
      "affecting_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2004"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2004/197",
      "affecting_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Miscellaneous) 2004"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2007/339",
      "affecting_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Equality Act (Sexual Orientation) Regulations 2007) 2007"
    },
    {
      "type": "substituted",
      "affecting": "ssi/2007/339",
      "affecting_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Equality Act (Sexual Orientation) Regulations 2007) 2007"
    },
    {
      "type": "words inserted",
      "affecting": "ssi/2007/463",
      "affecting_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2007/463",
      "affecting_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007"
    },
    {
      "type": "words inserted",
      "affecting": "ssi/2007/463",
      "affecting_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2007/463",
      "affecting_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007"
    },
    {
      "type": "words inserted",
      "affecting": "ssi/2007/463",
      "affecting_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007"
    },
    {
      "type": "substituted",
      "affecting": "ssi/2007/463",
      "affecting_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007"
    },
    {
      "type": "inserted",
      "affecting": "ssi/2007/463",
      "affecting_title": "Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007"
    },
    {
      "type": "substituted",
      "affecting": "ssi/2007/440",
      "affecting_title": "Act of Sederunt (Sheriff Court Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Council Regulation (EC) No. 1348 of 2000 Extension to Denmark) 2007"
    },
    {
      "type": "substituted",
      "affecting": "ssi/2008/365",
      "affecting_title": "Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 2) 2008"
    },
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      "type": "words substituted",
      "affecting": "ssi/2008/365",
      "affecting_title": "Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 2) 2008"
    },
    {
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      "affecting_title": "Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 2) 2008"
    },
    {
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    },
    {
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      "affecting": "ssi/2008/223",
      "affecting_title": "Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2008"
    },
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      "type": "omitted",
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      "affecting_title": "Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2008"
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      "affecting_title": "Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2008"
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      "affecting_title": "Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009"
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      "affecting_title": "Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009"
    },
    {
      "type": "words omitted",
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      "affecting_title": "Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009"
    },
    {
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    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2002/132/schedule/1/appendix/2",
    "retrieved_at": "2026-10-28T22:42:13.569063+00:00"
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  "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."
}