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Paragraph 27A.7 Late acceptance of offersF1

(1)

This rule applies to the determination of a motion under rule 27A.6(4) where the sheriff is satisfied that a defender lodged a minute of acceptance after the appropriate date.

(2)

On the pursuer’s motion the sheriff must, except on cause shown—

(a)

allow interest on any sum decerned for from the date on which the pursuer’s offer was made; and

(b)

find the defender liable for payment to the pursuer of a sum calculated in accordance with rule 27A.9.

(3)

Where the sheriff is satisfied that more than one defender lodged a minute of acceptance after the appropriate date the sheriff may find those defenders liable to contribute to payment of the sum referred to in paragraph (2)(b) in such proportions as the sheriff thinks fit.

(4)

Where the sheriff makes a finding under paragraph (2)(b), the pursuer may apply for decerniture for payment of the sum as so calculated no later than the granting of decree for expenses as taxed.

Annotations

Textual amendments

F1

Sch. 1 Ch. 27A inserted (3.4.2017) by Act of Sederunt (Rules of the Court of Session 1994 and Ordinary Cause Rules 1993 Amendment) (Pursuers’ Offers) 2017 (S.S.I. 2017/52), paras. 1(2), 3(2)

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