- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)This section applies in civil proceedings where—
(a)the person bringing the proceedings makes a claim for damages for—
(i)personal injuries, or
(ii)the death of a person from personal injuries, and
(b)the person conducts the proceedings in an appropriate manner.
(2)The court must not make an award of expenses against the person in respect of any expenses which relate to—
(a)the claim, or
(b)any appeal in respect of the claim.
(3)Subsection (2) does not prevent the court from making an award in respect of expenses which relate to any other type of claim in the proceedings.
(4)For the purposes of subsection (1)(b), a person conducts civil proceedings in an appropriate manner unless the person or the person’s legal representative—
(a)makes a fraudulent representation or otherwise acts fraudulently in connection with the claim or proceedings,
(b)behaves in a manner which is manifestly unreasonable in connection with the claim or proceedings, or
(c)otherwise, conducts the proceedings in a manner that the court considers amounts to an abuse of process.
(5)For the purpose of subsection (4)(a), the standard of proof is the balance of probabilities.
(6)Subsection (2) is subject to any exceptions that may be specified in an act of sederunt under section 103(1) or 104(1) of the Courts Reform (Scotland) Act 2014.
(7)In subsection (1)(a), “personal injuries” include any disease and any impairment of a person’s physical or mental condition.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: