Act of Sederunt (Summary Cause Rules Amendment) (Personal Injuries Actions) 2012

EXPLANATORY NOTE

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the Sheriff Court Summary Cause Rules 2002 (“the Rules”).

Paragraph 2 amends Chapter 34 setting out a special procedure for actions for, or arising from, personal injuries. The special procedure is referred to as personal injuries procedure, and will be applicable to actions of damages for, or arising from, personal injuries or death of a person from personal injuries raised from 1st September 2012. Personal injuries actions raised prior to that date will continue to be dealt with under the existing rules in Chapter 34 of the Rules.

Paragraph 2(2) amends rule 14.1(5)(b) of the Rules to provide that the sheriff has discretion as to what orders he or she may make where an application for an additional defender is granted in a personal injuries action.

Paragraph 2(3) substitutes a new Chapter 34 of the Rules, setting out the special procedure for actions for, or arising from, personal injuries.

Inserted rule 34.1 sets out the application and interpretation of the provisions in Chapter 34 of the Rules.

Inserted rule 34.2 and Forms 10 and 10b in Schedule 2 make provision as to the form of summons and any specification of documents where a personal injuries action is raised.

Inserted rule 34.3 and Schedule 1 provide the forms of copy summons to be served on a defender in a personal injuries action.

Inserted rule 34.4 and Form 10a in Schedule 2 provide the form of response to a summons to be used in a personal injuries action.

Inserted rule 34.5 provides that where a summons in a personal injuries action contains a specification of documents, an order granting commission and diligence for the production and recovery of documents shall be deemed to be granted upon the summons being authenticated. It also provides for further procedure thereafter.

Inserted rule 34.6 provides that certain rules do not apply to a personal injuries action and that other rules apply with modification.

Inserted rule 34.7, Form 10d in Schedule 2 and Schedule 3 all make provision in relation to the allocation of diets and the issuing of timetables under personal injuries procedure.

Inserted rule 34.8 makes provision regarding applications to the sheriff for sist or for variation of the timetable by any party to an action which is subject to personal injuries procedure.

Inserted rule 34.9 and Form 10e in Schedule 2 make provision requiring each party to a personal injuries action to lodge with the sheriff clerk a statement of valuation of claim. Rule 34.9 also makes further related provision.

Inserted rule 34.10 requires the parties to a personal injuries action to hold a pre-proof conference not later than 4 weeks before the date assigned for proof, to discuss settlement of the action and to agree, so far as is possible, the matters which are not in dispute between them. The rule also requires the parties to lodge with the sheriff clerk a joint minute of the pre-proof conference, in Form 10f in Schedule 2, not later than 3 weeks before the date assigned for proof. The timescale for lodging the joint minute is subject to any variation of the timetable in terms of rule 34.8.

Inserted rule 34.11 makes provision for the procedure applicable in relation to the fixing of incidental hearings under rules 34.7 or 34.10 by the sheriff clerk.

Inserted rule 34.12 provides for intimation to connected persons where the person who suffered the personal injuries has died and the action is brought by any relative of the deceased.

Inserted rule 34.13 provides for a pursuer to apply for provisional or further damages under section 12 of the Administration of Justice Act 1982.

Inserted rule 34.14 makes special provision in relation to actions raised where liability to a relative of a pursuer may arise under section 5 of the Damages (Scotland) Act 2011 where death of a person has occurred due to mesothelioma.

Paragraph 2(4) amends Appendix 1 to the Rules by inserting new Forms 1e and 1f as set out in Schedule 1 to the instrument; and by substituting the Forms 10 to 10j as set out in Schedule 2 to this instrument for the existing Forms 10 to 10g.

Paragraph 2(5) inserts a new Appendix 1A into the Rules, as set out at Schedule 3 to this instrument. This is the schedule of the timetable under the personal injuries procedure.

Paragraph 3 contains a transitional and saving provision.