
2024 No. 196
Court Of Session
Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Protective Expenses Orders) 2024
Made 27th June 2024
Laid before the Scottish Parliament 28th June 2024
Coming into force 1st October 2024

In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013, the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council.

The Court of Session therefore makes this Act of Sederunt under the powers conferred by section 103(1) of the Courts Reform (Scotland) Act 2014 and all other powers enabling it to do so.
Citation and commencement, etc.
1 

(1) This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Protective Expenses Orders) 2024.
(2) It comes into force on 1st October 2024.
(3) A certified copy is to be inserted in the Books of Sederunt.
Amendment of the Rules of the Court of Session 1994
2 

(1) Chapter 58A (protective expenses orders in environmental appeals and judicial reviews) of the Rules of the Court of Session 1994 is amended in accordance with this paragraph.
(2) In rule 58A.5 (applications for protective expenses orders), after paragraph (4) insert—“
(5) The motion may request that the court grant an order treating any of the information listed in paragraph (3) as confidential and open only to the court and the parties to the proceedings.”.
(3) In rule 58A.6 (determination of applications), after paragraph (2) insert—“
(3) Where a motion includes a request for the court to grant an order under rule 58A.5(5), if the motion is starred, the hearing must take place in chambers.”.
(4) In rule 58A.8 (expenses protection in reclaiming motions)—
(a) in paragraph (1)(b), omit from “at the instance of” to the end;
(b) in paragraph (3), for “any other reclaiming motion” substitute “a reclaiming motion”.
(5) After rule 58A.9 (expenses of application), insert—“
Expenses of interveners
58A.10. 

(1) Expenses are not to be awarded in favour of or against a relevant party, except on cause shown.
(2) If the court decides expenses are to be awarded under paragraph (1), it may impose conditions on the payment of expenses.
(3) In paragraph (1), “a relevant party” means a party who has—
(a) been granted leave to intervene under rule 58.19(1)(b) or;
(b) been refused or granted leave after a hearing under rule 58.19(1)(c).”.
Saving
3 
Paragraph 2 does not apply in respect of proceedings commenced before 1st October 2024.
CJM SUTHERLAND
Lord President
I.P.D.
Edinburgh
27th June 2024