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Sheriff Courts (Scotland) Act 1907

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Changes over time for: Raising a personal injuries action

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[F1Raising a personal injuries actionS
Form of initial writS

36.B1.(1)Subject to rule 36.C1, the initial writ in a personal injuries action shall be in Form PI1 and there shall be annexed to it a brief statement containing—

(a)averments in numbered paragraphs relating only to those facts necessary to establish the claim;

(b)the names of every medical practitioner from whom, and every hospital or other institution in which, the pursuer or, in an action in respect of the death of a person, the deceased received treatment for the personal injuries.

(2)An initial writ may include—

(a)warrants for intimation so far as permitted under these Rules, and

(b)a specification of documents in Form PI2.

Actions based on clinical negligenceS

[F236.C1.(1)This rule applies to a personal injuries action based on alleged clinical negligence.

(2)Where a pursuer intends to make an application under paragraph (3) to have the cause appointed to the procedure in Chapter 36A (case management of certain personal injuries actions), the pursuer must—

(a)present the initial writ for warranting in Form G1 (form of initial writ); and

(b)include in the initial writ a draft interlocutor in Form PI4 (form of interlocutor appointing the cause to the procedure in Chapter 36A).

(3)At the same time as an initial writ which includes a draft interlocutor in Form PI4 is presented for warranting, the pursuer must lodge a written application in the form of a letter addressed to the sheriff clerk to have the cause appointed to the procedure in Chapter 36A.

(4)On the making of an application under paragraph (3), the initial writ will be placed before a sheriff in chambers and in the absence of the parties.

(5)On consideration of the initial writ in accordance with paragraph (4), the sheriff may—

(a)after considering the likely complexity of the action and being satisfied that the efficient determination of the action would be served by doing so, appoint the cause to the procedure in Chapter 36A by signing the draft interlocutor in the initial writ; or

(b)fix a hearing.

(6)The sheriff clerk must notify the parties of the date and time of any hearing under paragraph (5)(b).

(7)At a hearing under paragraph (5)(b), the sheriff may—

(a)refuse the application; or

(b)after considering the likely complexity of the action and being satisfied that the efficient determination of the action would be served by doing so, appoint the cause to the procedure in Chapter 36A by signing the draft interlocutor in the initial writ.

(8)Where the sheriff appoints the cause to the procedure in Chapter 36A under paragraph (5)(a) or (7)(b)—

(a)the sheriff or, as the case may be, the sheriff clerk must sign a warrant in accordance with rule 5.1 (signature of warrants);

(b)the cause will proceed in accordance with Chapter 36A rather than in accordance with personal injuries procedure.

(9)In this rule—

  • “clinical negligence” means a breach of duty of care by a health care professional in connection with that person’s diagnosis or the care and treatment of any person, by act or omission, while the health care professional was acting in a professional capacity;

  • “health care professional” includes—

    (a)

    a registered medical practitioner;

    (b)

    a registered nurse; or

    (c)

    any other member of a profession regulated by a body mentioned in section 25(3) (the Professional Standards Authority for Health and Social Care) of the National Health Service Reform and Health Care Professions Act 2002.]

Inspection and recovery of documentsS

36.D1.(1)This rule applies where the initial writ in a personal injuries action contains a specification of documents by virtue of rule 36.B1(2)(b).

(2)On the granting of a warrant for citation, an order granting commission and diligence for the production and recovery of the documents mentioned in the specification shall be deemed to have been granted and the sheriff clerk shall certify Form PI2 to that effect by attaching thereto a docquet in Form PI3.

(3)An order which is deemed to have been made under paragraph (2) shall be treated for all purposes as an interlocutor granting commission and diligence signed by the sheriff.

(4)The pursuer may serve an order under paragraph (2) and the provisions of Chapter 28 (recovery of evidence) shall thereafter apply, subject to any necessary modifications, as if the order were an order obtained on an application under rule 28.2 (applications for commission and diligence for recovery of documents etc.).

(5)Nothing in this rule shall affect the right of a party to apply under rule 28.2 for a commission and diligence for recovery of documents or for an order under section 1 of the Administration of Justice (Scotland) Act 1972 in respect of any document or other property whether or not mentioned in the specification annexed to the initial writ.]

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