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Act of Sederunt (Rules of the Court of Session 1994) 1994
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Applications for third party notice
26.1.—(1) Where, in an action, a defender claims that–
(a)he has in respect of the subject-matter of the action a right of contribution, relief or indemnity against any person who is not a party to the action, or
(b)a person whom the pursuer is not bound to call as a defender should be made a party to the action along with the defender in respect that such person is–
(i)solely liable, or jointly or jointly and severally liable with the defender, to the pursuer in respect of the subject-matter of the action, or
(ii)liable to the defender in respect of a claim arising from or in connection with the liability, if any, of the defender to the pursuer,
he may apply by motion for an order for service of a third party notice on that other person in Form 26.1–A for the purpose of convening that other person as a third party to the action.
(2) Where–
(a)a pursuer against whom a counterclaim has been made, or
(b)a third party convened in the action,
seeks, in relation to the claim against him, to make against a person who is not a party, a claim mentioned in paragraph (1) as a claim which could be made by a defender against a third party, he shall apply by motion for an order for service of a third party notice in Form 26.1–B (notice by pursuer) or Form 26.1–C (notice by third party), as the case may be, in the same manner as a defender under that paragraph; and rules 26.2 to 26.7 shall, with the necessary modifications, apply to such a claim as they apply in relation to such a claim by a defender.
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