SCHEDULE 2THE RULES OF THE COURT OF SESSION 1994

Initiation and progress of proceedings

CHAPTER 33CAUTION AND SECURITY

Methods of finding caution or giving securityI133.4

1

A person ordered–

a

to find caution, shall do so by obtaining a bond of caution; or

b

to consign a sum of money into court, shall do so by consignation under the Court of Session Consignations (Scotland) Act 189535 in the name of the Accountant of Court.

2

The court may approve a method of security other than one mentioned in paragraph (1), including a combination of two or more methods of security.

3

Subject to paragraph (4), any document by which an order to find caution or give other security is satisfied shall be lodged in process.

4

Where the court approves a security in the form of a deposit of a sum of money in the joint names of the agents of parties, a copy of the deposit receipt, and not the principal, shall be lodged in process.

5

A bond of caution or consignation receipt lodged in process shall be accompanied by a copy of it.