Paragraph 31A.2 Application for an award of expensesF1

Scotland

(1)

Where civil proceedings have been brought by a pursuer, another party to the action (“the applicant”) may make an application to the sheriff for an award of expenses to be made against the pursuer, on one or more of the grounds specified in either or both—

(a)

section 8(4)(a) to (c) of the Act;

(b)

paragraph (2) of this rule.

(2)

The grounds specified in this paragraph, which are exceptions to section 8(2) of the Act, are as follows—

(a)

failure by the pursuer to obtain an award of damages greater than the sum offered by way of a tender lodged in process;

(b)

unreasonable delay on the part of the pursuer in accepting a sum offered by way of a tender lodged in process;

(c)

decree of absolvitor or decree of dismissal has been granted against the pursuer in terms of rule 17.2(3)(b) (applications for summary decree);

(d)

abandonment of the cause in terms of rule 23.1(1), or at common law.

Annotations

Textual amendments

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)

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