Rule 15.7 Dismissal of action due to delayF1F2
Any party to an action may, while that action is depending before the court, apply by written motion for the court to dismiss the action due to inordinate and inexcusable delay by another party or another party's agent in progressing the action, resulting in unfairness.
A motion under paragraph (1) shall—
include a statement of the grounds on which it is proposed that the motion should be allowed F3...; and
be lodged in accordance with rule 15.1.
A notice of opposition to the motion in Form G9 shall include a statement of the grounds of opposition to the motion.
In determining an application made under this rule, the court may dismiss the action if it appears to the court that—
there has been an inordinate and inexcusable delay on the part of any party or any party's agent in progressing the action; and
such delay results in unfairness specific to the factual circumstances, including the procedural circumstances, of that action.
In determining whether or not to dismiss an action under paragraph (4), the court shall take account of the procedural consequences, both for the parties and for the work of the court, of allowing the action to proceed.
Annotations
Textual amendments
- F1
Ch. 15 substituted (1.11.1996) by S.I. 1996/2445, para. 3(22)
- F2
Sch. 1 rule 15.7 inserted (1.10.2009) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2009 (S.S.I. 2009/294), paras. 1(1), 14
- F3
Words in Sch. 1 rule 15.7(2)(a) omitted (29.7.2010) by virtue of Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) 2010 (S.S.I. 2010/279), paras. 1(2), 7(1)
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
Notes on Chapter 15
Modifications
- C1
Sch. 1 Chapter 15 applied (with modifications) (28.9.2009) by Act of Sederunt (Sheriff Court Rules Amendment) (Adoption and Children (Scotland) Act 2007) 2009 (S.S.I. 2009/284), para. 2, Sch. rule 52(2)