# Sheriff Courts (Scotland) Act 1907, Paragraph 31A.3: Award of expenses

Extent: S

(1) Subject to paragraph (2), the determination of an application under rule 31A.2(1) is at the discretion of the sheriff.
(2) Where, having determined an application made under rules 31A.2(1), the sheriff makes an award of expenses against the pursuer on the ground specified in rule 31A.2(2)(a) or (b)—
(a) the pursuer’s liability is not to exceed the amount of expenses the applicant has incurred after the date of the tender;
(b) the liability of the pursuer to the applicant, or applicants, lodging the tender is to be limited to an aggregate sum, payable to all applicants (if more than one) of 75% of the amount of damages awarded to the pursuer and that sum is to be calculated without offsetting against those expenses any expenses due to the pursuer by the applicant, or applicants, before the date of the tender;
(c) the sheriff must order that the pursuer’s liability is not to exceed the sum referred to in sub-paragraph (b), notwithstanding that any sum assessed by the Auditor of Court as payable under the tender procedure may be greater or, if modifying those expenses to a fixed amount in terms of rule 32.1 (taxation before decree for expenses), that such amount does not exceed that referred to in sub-paragraph (b);
(d) where the award of expenses is in favour of more than one applicant the sheriff, failing agreement between the applicants, is to apportion the award of expenses recoverable under the tender procedure between them.
(3) In the event that the sheriff makes an award of expenses against the pursuer on the ground specified in rule 31A.2(2)(d), the sheriff may make such orders in respect of expenses, as it considers appropriate, including—
(a) making an award of decree of dismissal dependant on payment of expenses by the pursuer within a specified period of time;
(b) provision for the consequences of failure to comply with any conditions applied by the court.

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Source: https://www.legislation.gov.uk/ukpga/Edw7/7/51/schedule/First/paragraph/31A.3 (the official version)
Page: https://openlegislation.uk/sheriff-courts-scotland-act-1907/schedule-First/paragraph-31A.3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.