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Rule 28.8 Confidentiality

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

F1(1)

Where confidentiality is claimed for any evidence sought to be recovered under any of the following rules, such evidence is to be, where practicable, enclosed in a sealed packet—

(a)

rule 28.3 (optional procedure before executing commission and diligence),

(b)

rule 28.3A (optional procedure where there is a party litigant),

(c)

rule 28.4 (execution of commission and diligence for recovery of documents),

(d)

rule 28.5 (execution of orders for production or recovery of documents or other property under section 1(1) of the Act of 1972),

(e)

rule 28.7 (execution of orders for preservation etc. of documents or other property under section 1(1) of the Act of 1972).

28.3

(optional procedure before executing commission and diligence),

28.4

(execution of commission and diligence for recovery of documents),

28.5

(execution of orders for production or recovery of documents or other property under section 1(1) of the Act of 1972),

28.7

(execution of orders for preservation etc. of documents or other property under section 1(1) of the Act of 1972).

(2)

A motion to have such a sealed packet opened up F2or such recovery allowed may be lodged by—

(a)

the party who obtained the commission and diligence; or

F3(b)

any other party after the date of intimation under rule 28.3(5), 28.3A(8) or 28.4(10).

(3)

In addition to complying with rule 15.2 (intimation of motions) F4or rule 15A.4 (intimation of motions by email), the party lodging such a motion shall intimate the terms of the motion to the haver by post by the first class recorded delivery service.

(4)

The person claiming confidentiality may oppose a motion made under paragraph (2).

Annotations

Textual amendments

F1

Sch. 1 rule 28.8(1) substituted (7.7.2014) by Act of Sederunt (Rules of the Court of Session, Ordinary Cause Rules and Summary Cause Rules Amendment) (Miscellaneous) 2014 (S.S.I. 2014/152), paras. 1(2), 3(3)

F2

Words in rule 28.8(2) inserted (1.11.1996) by S.I. 1996/2445, para. 3(36)(b)

F3

Sch. 1 rule 28.8(2)(b) substituted (1.8.2014) by Act of Sederunt (Rules of the Court of Session and Sheriff Court Rules Amendment) (Miscellaneous) 2014 (S.S.I. 2014/201), paras. 1(2), 3(2)

F4

Words in Sch. 1 rule 28.8(3) inserted (22.9.2015) by Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (No. 2) (Personal Injury and Remits) 2015 (S.S.I. 2015/227), paras. 1(2), 8(7)

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