Paragraph 31A.1 Application and interpretation of this ChapterF1

Scotland

(1)

This Chapter applies in civil proceedings, where either or both—

(a)

an application for an award of expenses is made to the sheriff;

(b)

such an award is made by the sheriff.

(2)

Where this Chapter applies—

(a)

rules 23.1(2) and (3) (abandonment of causes);

(b)

any common law rule entitling a pursuer to abandon a cause, to the extent that it concerns expenses,

are disapplied.

(3)

In this Chapter—

“the Act” means the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018;
“the applicant” has the meaning given in rule 31A.2(1), and “applicants” is construed accordingly;
“civil proceedings” means civil proceedings to which section 8 of the Act (restriction on pursuer’s liability for expenses in personal injury claims) applies.

Annotations

F1: Sch. 1 Ch. 31A inserted (30.6.2021) by Act of Sederunt (Rules of the Court of Session 1994, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Qualified One-Way Costs Shifting) 2021 (S.S.I. 2021/226), paras. 1(2), 5(2)

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)

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