The Rules of the Scottish Land Court Order 2014

Answers etc. and adjustment of pleadings

Answers and other responses

14.—(1) A respondent is not required to lodge answers or other responses unless and until ordered to do so by the court.

(2) The date on which answers or other responses are received by the Principal Clerk is to be noted.

(3) Answers and other responses are—

(a)to be framed so as to deal explicitly with all matters of fact set out in the application or other document to which they relate; and

(b)to identify explicitly—

(i)what in the application or other document is admitted and what denied; and

(ii)any legal proposition in the application or other document which is admitted or challenged; and

(c)to give notice of any legal proposition on which the respondent intends to rely.

(4) Without prejudice to the generality of this rule, a party may, in an answer or response, ask for an order as respects a matter (either or both)—

(a)forming part of, or arising out of the grounds of, the application;

(b)the decision of which is necessary for the proper determination of the application,

provided that it is an order which might have been asked for in a separate application in which no person other than the respondent would have had an interest to respond.

(5) Where a party asks for an order by virtue of paragraph (4), the court may order that the matter should be dealt with by way of a separate application.

(6) Where a respondent asks for an order in terms of paragraph (4), the court may deal with that request even if, for any reason, the application does not proceed.

(7) Where a party asks for an order by virtue of paragraph (4), the party is to set out in the answer or response such matters of fact and law as may be necessary to support the request.

Adjustment of pleadings

15.—(1) On receipt of answers to an application the Principal Clerk is to consider whether to delay fixing a hearing—

(a)in order to allow changes to be made to written pleadings by way of adjustment; or

(b)in order to allow parties time to attempt to resolve the dispute by negotiation or other means; or

(c)for any other purpose (as for example to afford parties an opportunity to agree to have the application disposed of on written submissions).

(2) If the Principal Clerk does not consider there is reason for such delay, she—

(a)is to proceed in accordance with rule 19 to fix a hearing;

(b)may specify a timetable within which the applicant may respond to the answers and parties may adjust, clarify or supplement the statements of fact or any pleas in law in their written pleadings; (b)and

(c)may ask the court to make such further order as to procedure as it thinks fit.

(3) Within 2 weeks after the last period allowed under paragraph (2)(b) or (c) has expired, each party must, unless otherwise instructed by the Principal Clerk, lodge a copy of that party’s written pleadings in their revised form.

(4) Parties may, at any time up to 4 weeks before the date fixed for a hearing, adjust any statements of fact or pleas in law in their written pleadings—

(a)to clarify or supplement them;

(b)to admit or deny any matter; or

(c)in so far as is requisite to give fair notice of matters to be raised, or relied on, at the hearing.

(5) A party making adjustments by virtue of paragraph (4) must lodge a copy of their pleadings as adjusted and at the same time send a copy to the other party or parties.

(6) The provisions of paragraph (4) are without prejudice to the rights of other parties to object to all or any part of the adjustment either—

(a)because it is alleged to be out of time as a matter of substantive law; or

(b)because that party would be prejudiced by allowance of the change at the time when it is proposed.