Paragraph 27A.8 Non-acceptance of offersF1

(1)

This rule applies where—

(a)

a pursuer’s offer has been made, and has not been withdrawn;

(b)

the offer has not been accepted;

(c)

either—

(i)

the sheriff has pronounced judgment; or

(ii)

in the case of a jury trial, the verdict of the jury has been applied;

(d)

the judgment or verdict, in so far as relating to the craves specified in the pursuer’s offer, is at least as favourable in money terms to the pursuer as the terms offered; and

(e)

the sheriff is satisfied that the pursuer’s offer was a genuine attempt to settle the proceedings.

(2)

For the purpose of determining if the condition specified in paragraph (1)(d) is satisfied, interest awarded in respect of the period after the lodging of the pursuer’s offer is to be disregarded.

(3)

On the pursuer’s motion the sheriff must, except on cause shown, decern against the defender for payment to the pursuer of a sum calculated in accordance with rule 27A.9.

(4)

Such a motion must be lodged no later than the granting of decree for expenses as taxed.

(5)

Where more than one defender is found liable to the pursuer in respect of a crave specified in the offer, the sheriff may find those defenders liable to contribute to payment of the sum referred to in paragraph (3) in such proportions as the sheriff thinks fit.

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