Act of Sederunt (Rules of the Court of Session 1994) 1994

Applications to dispense with intimationS

43.4.—(1) Where the pursuer makes averments under rule 43.2(c) (dispensing with intimation to connected persons), he shall apply by motion for an order to dispense with intimation.

(2) In determining a motion under paragraph (1), the court shall have regard to–

(a)the desirability of avoiding multiplicity of actions; and

(b)the expense, inconvenience or difficulty likely to be involved in taking steps to ascertain the name or whereabouts of the connected person.

(3) Where the court is not satisfied that intimation to a connected person should be dispensed with, it may–

(a)order intimation to a connected person whose name and whereabouts are known;

(b)order the pursuer to take such further steps as it may specify in the interlocutor to ascertain the name or whereabouts of any connected person; and

(c)order that such advertisement be made in such manner, in such place and at such times as it may specify in the interlocutor.