Paragraph 36.J1 Statements of valuation of claimF1

Scotland

(1)

Each party to the action shall make a statement of valuation of claim in Form PI6.

(2)

A statement of valuation of claim (which shall include a list of supporting documents) shall be lodged in process.

(3)

Each party shall, on lodging a statement of valuation of claim—

(a)

intimate the list of documents included in the statement of valuation of claim to every other party; and

(b)

lodge each of those documents.

(4)

Nothing in paragraph (3) shall affect—

(a)

the law relating to, or the right of a party to object to, the recovery of a document on the ground of privilege or confidentiality; or

(b)

the right of a party to apply under rule 28.2 for a commission and diligence for recovery of documents or an order under section 1 of the Administration of Justice (Scotland) Act 1972.

(5)

Without prejudice to paragraph (2) of rule 36.L1, where a party has failed to lodge a statement of valuation of claim in accordance with a timetable issued under rule 36.G1, the sheriff may, at any hearing under paragraph (3) of that rule—

(a)

where the party in default is the pursuer, dismiss the action; or

(b)

where the party in default is the defender, grant decree against the defender for an amount not exceeding the pursuer’s valuation.

Annotations

Textual amendments

F1: Sch. 1 Ch. 36 Pt. A1 inserted (2.11.2009) by Act of Sederunt (Ordinary Cause Rules Amendment) (Personal Injuries Actions) 2009 (S.S.I. 2009/285), paras. 1(1), 2(6) (with para. 3)

Notes on Schedule First

Textual amendments

F1

Sch. 1 (with appendices 1 and 2) substituted (1.1.1994) for Sch. 1 (with appendix) by S.I. 1993/1956, para. 2, Sch.1.

Sch. 1 (except rule 29.10) excluded (1.4.1997) by S.I. 1997/291, para. 3.24, Sch. 3

Sch. 1 extended (14.2.2000) by S.I. 2000/124, reg. 30(5)

Modifications

C1: Sch. 1 applied (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), ss. 121(5), 237(2) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
C2: Sch. 1 modified (1.12.2025) by Act of Sederunt (Intimation and Service) 2025 (S.S.I. 2025/301), paras. 1(2), (4), 2 (with para. 1(5))
C3: Sch. 1 modified (1.12.2025) by Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025 (S.S.I. 2025/302), paras. 1(2), 2(1), 3-5