# Sheriff Courts (Scotland) Act 1907, Rule 23.1: Abandonment of causes

Extent: S

(1) A pursuer may abandon a cause at any time before decree of absolvitor or dismissal by lodging a minute of abandonment and—
(a) consenting to decree of absolvitor; or
(b) seeking decree of dismissal.
(2) The sheriff shall not grant decree of dismissal under paragraph (1)(b) unless full judicial expenses have been paid to the defender, and any third party against whom the pursuer has directed any crave, within 28 days after the date of taxation.
(3) If the pursuer fails to pay the expenses referred to in paragraph (2) to the party to whom they are due within the period specified in that paragraph, that party shall be entitled to decree of absolvitor with expenses.

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Source: https://www.legislation.gov.uk/ukpga/Edw7/7/51/schedule/1/part/1/chapter/23/rule/23.1 (the official version)
Page: https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-1/part-1/chapter-23/rule-23.1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.