New Amendments to Scottish Court Rules: What You Need to Know

Changes are coming to the Scottish legal system as of July 1, 2025. Here's a straightforward breakdown of the latest amendments to the court rules, designed to clarify some previous errors and improve legal processes.

What's Changing?

The new Act of Sederunt, approved on June 5, 2025, introduces amendments to the Rules of the Court of Session 1994 and the Ordinary Cause Rules 1993. These updates are vital for ensuring the smooth operation of Scotland's legal framework.

1. Typographical Corrections:

   • A simple but crucial fix: a typographical error in rule 62.46 of the Court of Session rules has been corrected. This might seem minor, but such details are essential for legal clarity.

2. Rule 62.28 Update:

   • A new rule, 62.28(3AAA), is being inserted. This rule is particularly relevant for applications involving judicial settlements under the 2019 Hague Convention.
   • The update specifies that when applying for enforcement of a judicial settlement, a certificate from the court of the original state must accompany the petition. This certificate should confirm that the settlement is enforceable like a judgment in that state.

Why Does This Matter?

These amendments ensure that the legal processes remain accurate and efficient, addressing any prior oversights. For legal professionals, understanding these changes is crucial for correctly handling cases involving international elements, especially those related to judicial settlements.

Final Notes:

The amendments were laid before the Scottish Parliament on June 6, 2025, and will be officially in force from July 1, 2025. Legal practitioners should update their references and procedures accordingly to align with these new rules.

By staying informed about these changes, you ensure compliance and maintain the integrity of legal proceedings within Scotland. For detailed information, refer to the official publication by The Stationery Office Limited.